Tenantcheck Insights · Case study
Tenancy Tribunal case 5423732 — Rent arrears at 80 South Road, Manaia, Manaia 4612
Decided 25 March 2026 · Published 25 March 2026 · Application 5423732
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Manaia
Tribunal region
Adjudicator
M Feist
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,701.57
- Bond payment as ordered
- −$2,000.00
- Total balance for Tenant to pay Landlord
- $1,701.57
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 25 March 2026 | $3,673.57 | Rent arrears to 25 March 2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,701.57 | ||
| Total payable by Tenant to Landlord | $1,701.57 |
Claims and awards for application 5423732 — net $1,701.57 NZD. Verify on MoJ.
Rent arrears to 25 March 2026
- Amount
- $3,673.57
- Awarded to
- Landlord
- Reason
- Rent arrears to 25 March 2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,701.57
Total payable by Tenant to Landlord
Landlord $1,701.57
Claim types — money lines allowed on this order
Order
- The tenancy of Beverly Graham at 80 South Road, Manaia, Manaia 4612 is terminated, and possession is granted to Mills Gibbon & Co Ltd T/A First National Collective As Agents For Jacqueline Francis, at midnight on Sunday 29 March 2026.
- The Bond Centre is to pay the bond of $2,000.00 (BN-00067906) to Mills Gibbon & Co Ltd T/A First National Collective As Agents For Jacqueline Francis immediately.
- Beverly Graham must pay Mills Gibbon & Co Ltd T/A First National Collective As Agents For Jacqueline Francis $1,701.57 immediately, calculated as shown in the table below:
Reasons
- On 9 January 2026 the landlord filed an application seeking termination of the tenancy for rent arrears, refund of the bond and reimbursement of the filing fee.
- The hearing proceeded by way of video conference. Ms Remmy Borrie, Property Manager, appeared by telephone 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.
- Under section 56(1) of the Act, the Tribunal may terminate a tenancy if the tenant has failed to remedy a 14-day breach notice for rent arrears, and it would be inequitable to refuse termination.
- Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
- The landlord issued a 14-day breach notice on 5 January 2026 advising the tenant they were $1,745.00 in rent arrears and required the breach to be remedied by 20 January 2026. The breach was not remedied.
- On 9 January 2026 the application was filed with the Tribunal. At the date of filing the tenant’s rent arrears totalled $1,745.00. The rent was at least 21 days in arrears at the date of filing and the tenancy is terminated.
- The heard that the tenant lives at the property with two children. There is a mortgage on the property and the landlord is concerned about the increasing rent debt. In addition the landlord is concerned the tenant is not keeping the property in a reasonably clean and tidy condition. Having heard from the landlord and considering the evidence the Tribunal is satisfied that it is appropriate to grant the landlord possession of the property at midnight on Sunday 29 March 2026. This will provide the tenant with time to vacate the premises and return it to the landlord in a reasonably clean and tidy condition without significantly adding to the rent debt.
How much does the tenant owe?
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing to the date of hearing total $3,673.57 and that is what is ordered.
- The tenant is liable to pay rent to the end of the tenancy. Other matters
- Because Mills Gibbon & Co Ltd T/A First National Collective As Agents For Jacqueline Francis has wholly succeeded with the claim I must reimburse the filing fee.
- Despite being wholly successful the landlord did not seek name suppression.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s16, s3, s55, s55(1), s55(2), s56(1)
Key findings
- Dispute theme: rent arrears
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5423732?
The tribunal order states: The tenancy of Beverly Graham at 80 South Road, Manaia, Manaia 4612 is
How much money was awarded in case 5423732?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,673.57 awarded to landlord
What type of tenancy dispute was case 5423732?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5423732?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13350137-Tenancy_Tribunal_Order.pdf.