Tenantcheck Insights · Case study
Tenancy Tribunal case 5413892 — Rent arrears at Unit/Flat 9, 263 Rintoul Street, Berhampore, Wellington
Published 4 March 2026 · Application 5413892
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Wellington
Tribunal region
Adjudicator
M Feist
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $594.42
- Total balance for Tenant to pay Landlord
- $594.42
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears (4 March 2026 | $566.42 | Rent arrears (4 March 2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $594.42 | ||
| Total payable by Tenant to Landlord | $594.42 |
Claims and awards for application 5413892 — net $594.42 NZD. Verify on MoJ.
Rent arrears (4 March 2026
- Amount
- $566.42
- Awarded to
- Landlord
- Reason
- Rent arrears (4 March 2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $594.42
Total payable by Tenant to Landlord
Landlord $594.42
Claim types — money lines allowed on this order
Order
- The tenancy of Jayney Brodrick at Unit/Flat 9, 263 Rintoul Street, Berhampore, Wellington 6023, Rintoul Villas is terminated, and possession is granted to Te Toi Mahana, at midnight on Sunday 8 March 2026.
- Jayney Brodrick must pay Te Toi Mahana $594.42 immediately, calculated as shown in the table below:
Reasons
- On 15 December 2025, the landlord filed an application seeking termination of the tenancy, rent arrears and reimbursement of the filing fee.
- The hearing proceeded by way of video conference. Ms Angel Hsu, Property Manager, appeared for the landlord. The tenant did not appear. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence. Relevant legal considerations
- The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).
- With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
- That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
- This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
- As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
Should the tenancy be terminated?
- Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears.
- The application was filed on 15 December 2025. At that time, the tenant’s rent arrears totalled $314.28. Rent was at least 21 days in arrears and the tenancy is terminated.
How much is owed in rent?
- The landlord provided rent records which prove the amount owing at the date of hearing totalled $566.42. The amount claimed is ordered.
When should the landlord take possession of the property?
- The landlord is a social housing provider and seeks possession of the property at the end of the rent period being midnight on 8 March 2026.
- The Tribunal considers that it is appropriate to grant the landlord possession of the property at midnight on Sunday 8 March 2026. This will not substantially increase the rent arrears at the property and will provide the tenants with an opportunity to vacate the property and return it to the landlord in a reasonably clean and tidy condition. Other matters
- Because Te Toi Mahana has wholly succeeded with the claim I must reimburse the filing fee.
- The landlord withdrew their application for name suppression.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s13, s3, s55(1), s55(2)
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5413892?
The tribunal order states: The tenancy of Jayney Brodrick at Unit/Flat 9, 263 Rintoul Street, Berhampore,
How much money was awarded in case 5413892?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $566.42 awarded to landlord
What type of tenancy dispute was case 5413892?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5413892?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13228391-Tenancy_Tribunal_Order.pdf.