Tenantcheck Insights · Case study

Tenancy Tribunal case 5413669 — Rent arrears at 5 Rakau Street, Havelock North, Havelock North 4130

Decided 4 Feb 2026 · Published 4 Feb 2026 · Application 5413669

Rent arrears

Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.

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At a glance

Key facts from the published tribunal order.

Location

Havelock North

Tribunal region

Adjudicator

M Feist

Dispute themes

Award balance

Gross awards, any bond applied per the order, and the remaining balance payable.

Gross award: $3,885.16
Bond payment as ordered: −$680.00
Total balance for Tenant to pay Landlord: $3,205.16

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5413669 — net $3,205.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 4 February 2026	$3,857.16	Rent arrears (to 4 February 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,205.16
Total payable by Tenant to Landlord	$3,205.16

Claims and awards for application 5413669 — net $3,205.16 NZD. Verify on MoJ.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s names and identifying details.
The tenancy of [The tenant/s] and Lily [The tenant/s] at 5 Rakau Street, Havelock North, Havelock North 4130 is terminated, and possession is granted to [The landlord/s], at midnight on Saturday 21 February 2026.
The Bond Centre is to pay the bond of $680.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] and Lily [The tenant/s] must pay [The landlord/s] $3,205.16 immediately, calculated as shown in the table below:

Reasons

On 15 December 2025, the landlords filed an application seeking termination of the tenancy for rent arrears.
The hearing proceeded by way of video conference. [Landlord] appeared on behalf of the landlords. The tenants did not appear. The Tribunal was satisfied the tenants were properly served with the notice of hearing and the case proceeded in their absence.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”). Should the tenancy be terminated
Section 55(1)(a) of the Act states that the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the rent was, at the date on which the application was filed under section 86, at least 21 days in arrears.
Section 56(1) of the Act states that the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that the other party has committed a breach of the tenancy agreement or the Act, and, if the breach is capable of remedy, has failed to remedy it within a period of not less than 14 days.
Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act.
The tenancy commended on 15 July 2018 and is periodic.
On 1 December 2025, the landlords served a 14-day breach notice on the tenants for rent arrears totalling $450.00. The notice expired on 16 December 2025 and was not remedied.
The landlord provided up to date rent records which prove the amount owing. At the date of hearing the tenants rent arrears totalled $3,857.16.
The rent is more than 21 days in arrears. In accordance with section 56(1) and (2) and section 55(1) and (2) of the Act, the tenancy is terminated.
Rent in the amount of $3,857.16 is ordered. When should the landlord take possession of the property
The landlord told the Tribunal that one of the tenants has had some health issues and they will need time to vacate the property. The landlord said they seek possession of the premises no later than midnight on Saturday 21 February 2026.
Having heard from the landlord and considering all of the evidence the Tribunal finds that it is appropriate to grant the landlord possession of the property at midnight on Saturday 21 February 2026. This will provide the tenants with the opportunity to vacate the property and return it to the landlord in a reasonably clean and tidy condition, without significantly increasing the rent debt.
The tenants remain liable for rent until the end of the tenancy. Other matters
Because [The applicant/s] have wholly succeeded with the claim I must reimburse the filing fee.
The bond is refunded to the landlord to offset the rent debt.
Under section 95A of the Act, a party who has been either wholly or substantially successful is entitled to name suppression unless the Tribunal finds that there are reasons relating to the conduct of the party not to do so. The landlord has been wholly successful and is granted name suppression.

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

Rent arrears Havelock North

Residential Tenancies Act sections

s15, s55(1), s56(1), s56(2), s86, s95A

Key findings

Dispute theme: rent arrears

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 5413669 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5413669?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,857.16 awarded to landlord

What type of tenancy dispute was case 5413669?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5413669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13076103-Tribunal_Order_Redacted.pdf.

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Claims and awards in Tenancy Tribunal application 5413669 — net $3,205.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears (to 4 February 2026

$3,857.16

Rent arrears (to 4 February 2026

Filing fee reimbursement

$28.00

Filing fee reimbursement

Net award

$3,205.16

Total payable by Tenant to Landlord

$3,205.16

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s names and identifying details.

The tenancy of [The tenant/s] and Lily [The tenant/s] at 5 Rakau Street, Havelock North, Havelock North 4130 is terminated, and possession is granted to [The landlord/s], at midnight on Saturday 21 February 2026.

The Bond Centre is to pay the bond of $680.00 ([Bond number suppressed]) to [The landlord/s] immediately.

[The tenant/s] and Lily [The tenant/s] must pay [The landlord/s] $3,205.16 immediately, calculated as shown in the table below:

Reasons

On 15 December 2025, the landlords filed an application seeking termination of the tenancy for rent arrears.

The hearing proceeded by way of video conference. [Landlord] appeared on behalf of the landlords. The tenants did not appear. The Tribunal was satisfied the tenants were properly served with the notice of hearing and the case proceeded in their absence.

The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”). Should the tenancy be terminated

Section 55(1)(a) of the Act states that the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the rent was, at the date on which the application was filed under section 86, at least 21 days in arrears.

Section 56(1) of the Act states that the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that the other party has committed a breach of the tenancy agreement or the Act, and, if the breach is capable of remedy, has failed to remedy it within a period of not less than 14 days.

Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act.

The tenancy commended on 15 July 2018 and is periodic.

On 1 December 2025, the landlords served a 14-day breach notice on the tenants for rent arrears totalling $450.00. The notice expired on 16 December 2025 and was not remedied.

The landlord provided up to date rent records which prove the amount owing. At the date of hearing the tenants rent arrears totalled $3,857.16.

The rent is more than 21 days in arrears. In accordance with section 56(1) and (2) and section 55(1) and (2) of the Act, the tenancy is terminated.

Rent in the amount of $3,857.16 is ordered. When should the landlord take possession of the property

The landlord told the Tribunal that one of the tenants has had some health issues and they will need time to vacate the property. The landlord said they seek possession of the premises no later than midnight on Saturday 21 February 2026.

Having heard from the landlord and considering all of the evidence the Tribunal finds that it is appropriate to grant the landlord possession of the property at midnight on Saturday 21 February 2026. This will provide the tenants with the opportunity to vacate the property and return it to the landlord in a reasonably clean and tidy condition, without significantly increasing the rent debt.

The tenants remain liable for rent until the end of the tenancy. Other matters

Because [The applicant/s] have wholly succeeded with the claim I must reimburse the filing fee.

The bond is refunded to the landlord to offset the rent debt.

Under section 95A of the Act, a party who has been either wholly or substantially successful is entitled to name suppression unless the Tribunal finds that there are reasons relating to the conduct of the party not to do so. The landlord has been wholly successful and is granted name suppression.