Tenantcheck Insights · Case study
Tenancy Tribunal case 5425191 — Rent arrears at Unit/Flat Unit 12, 1120 New North Road, Mount Albert,
Decided 29 January 2026 · Published 29 January 2026 · Application 5425191
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
M Kemp
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,269.71
- Total balance for Tenant to pay Landlord
- $1,269.71
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 29/1/26 | $1,269.71 | Rent arrears to 29/1/26 | |
| Net award | $1,269.71 | ||
| Total payable by Tenant to Landlord | $1,269.71 |
Claims and awards for application 5425191 — net $1,269.71 NZD. Verify on MoJ.
Rent arrears to 29/1/26
- Amount
- $1,269.71
- Awarded to
- Landlord
- Reason
- Rent arrears to 29/1/26
Net award
Landlord $1,269.71
Total payable by Tenant to Landlord
Landlord $1,269.71
Claim types — money lines allowed on this order
Order
- The tenancy of TE KEEPA TUTA PHILLIPS at Unit/Flat Unit 12, 1120 New North Road, Mount Albert, Auckland 1025 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59pm on Thursday 29 January 2026.
- TE KEEPA TUTA PHILLIPS must pay Kāinga Ora–Homes And Communities $1,269.71 immediately, calculated as shown in table below.
Reasons
- Only the landlord attended the hearing. I am satisfied that the tenant has been served and so the hearing proceeded in his absence.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. The landlord also seeks rent arrears of $1269.71 to today’s date.
Should the tenancy be terminated?
- The landlord explained how the tenant is no longer living at the premises.
- I heard how the tenant expressed orally to the landlord that he wanted to end the tenancy but then he did not proceed to give notice to the landlord to enable this to happen. The landlord has tried to obtain this with no success.
- The landlord is a social housing provider. The tenancy agreement expressly sets out at clause 14 that the tenant should live at the property. The landlord served a 14 day notice in respect of this breach on 26 November 2025 but I heard how the tenant has not returned to the premises. It is understood he is incarcerated. Further, I heard how inspections have also been undertaken which the landlord says show the property is not being lived in.
- In any event, 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.
- Rent is at least 21 days in arrears at the hearing date. The tenancy is therefore terminated.
How much does the tenant owe?
- The landlord provided rent records which prove the amount owing at the end of the tenancy. Filing fee and suppression
- I do not need to consider this as the landlord has expressly waived its right to recover the filing fee and does not seek suppression of its identifying details. The tenant does not seek a suppression order, and I see no reason to order suppression of his identifying details in any event.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s55
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5425191?
The tribunal order states: The tenancy of TE KEEPA TUTA PHILLIPS at Unit/Flat Unit 12, 1120 New
How much money was awarded in case 5425191?
Rent Arrears: $1,269.71 awarded to landlord
What type of tenancy dispute was case 5425191?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5425191?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13044193-Tenancy_Tribunal_Order.pdf.