Tenantcheck Insights · Case study
Tenancy Tribunal case 5422854 — Rent arrears at Unit/Flat Unit 2, 327 Glengarry Road, Glen Eden, Auckland
Decided 22 January 2026 · Published 22 January 2026 · Application 5422854
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
S Young
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $5,718.00
- Bond payment as ordered
- −$3,600.00
- Total balance for Tenant to pay Landlord
- $2,118.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $5,718.00 | Rent arrears | |
| Net award | $2,118.00 | ||
| Total payable by Tenant to Landlord | $2,118.00 |
Claims and awards for application 5422854 — net $2,118.00 NZD. Verify on MoJ.
Rent arrears
- Amount
- $5,718.00
- Awarded to
- Landlord
- Reason
- Rent arrears
Net award
Landlord $2,118.00
Total payable by Tenant to Landlord
Landlord $2,118.00
Claim types — money lines allowed on this order
Order
- The tenancy of Tess Maria Hemara and Chene'e Te Raita McCoy - Smeets at Unit/Flat Unit 2, 327 Glengarry Road, Glen Eden, Auckland 0602 is terminated, and possession is granted to Erika Ramirez Tunjo and Simon James Eggers immediately.
- The Bond Centre is to pay the bond of $3,600.00 (BN-25076194) to Erika Ramirez Tunjo and Simon James Eggers immediately.
- Tess Maria Hemara and Chene'e Te Raita McCoy - Smeets must pay Erika Ramirez Tunjo and Simon James Eggers $2,118.00 immediately, calculated as shown in the table below:
Reasons
- The landlord attended the remote hearing.
- The tenant Tess Hemara attended the hearing. The tenant Chene’e Te Riata McCoy did not attend the hearing.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
Should the tenancy be terminated?
- The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations.
- On 19 January 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
- This is a fixed term tenancy to end on 7 October 2026. A fixed term tenancy may only be brought to an end prior to the end date, by consent of both the landlord and tenant or by order of the Tribunal.
- On varying dates during December 2025 each of the tenants separately provided the landlord with notice of their intention to leave the premises and end the tenancy. The tenants were not entitled to end the fixed term tenancy.
- The tenant Chene’e Te Raita McCoy has left the premises in December 2025.
- The tenant Tess Hemara said that she gave the landlord notice to end the tenancy in January 2026 and eventually said on 19 January 2026 “I have left”.
- The tenants seemed to be under the misapprehension that they could end the fixed term tenancy by simply giving the landlord the appropriate notice. That is simply not correct.
- The tenant Tess Hemara seemed to also be under the misapprehension that she remained liable for only her share of the rent arrears. Tenants are at law jointly and severally liable. That means that they are together liable for all of the rent arrears and further, they are individually liable for the total rent arrears.
- As the premises have been abandoned (the tenant Tess Hemara accepted that both tenants have left the premises), and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
- The landlord provided rent records which prove the amount owing at the end of the tenancy is $5,718.00.
- The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this matter and the application for name suppression is dismissed.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s61
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5422854?
The tribunal order states: The tenancy of Tess Maria Hemara and Chene'e Te Raita McCoy - Smeets at
How much money was awarded in case 5422854?
Rent Arrears: $5,718.00 awarded to landlord
What type of tenancy dispute was case 5422854?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5422854?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13011860-Tenancy_Tribunal_Order.pdf.