Tenantcheck Insights · Case study
Tenancy Tribunal case 5428162 — Rent arrears at 154A Lincoln Road, Henderson, Auckland 0610
Published 26 March 2026 · Application 5428162
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
M Pollak
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,290.42
- Bond payment as ordered
- −$1,395.00
- Total balance for Tenant to pay Landlord
- $2,895.42
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 30 March 2026 | $2,370.00 | Rent arrears to 30 March 2026 | |
| Previous order application 5395653 dated 14/01/2026 | $1,609.99 | Previous order application 5395653 dated 14/01/2026 | |
| Water rates: From 31 December 2025 to 25 February 2026 | $282.43 | 4. The landlord has applied for termination of the tenancy, rent and water rates arrears, refund of the bond and reimbursement of the filing fee. | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $2,895.42 | ||
| Total payable by Tenant to Landlord | $2,895.42 |
Claims and awards for application 5428162 — net $2,895.42 NZD. Verify on MoJ.
Rent arrears to 30 March 2026
- Amount
- $2,370.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 30 March 2026
Previous order application 5395653 dated 14/01/2026
- Amount
- $1,609.99
- Awarded to
- Landlord
- Reason
- Previous order application 5395653 dated 14/01/2026
Water rates: From 31 December 2025 to 25 February 2026
- Amount
- $282.43
- Awarded to
- Landlord
- Reason
- 4. The landlord has applied for termination of the tenancy, rent and water rates arrears, refund of the bond and reimbursement of the filing fee.
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $2,895.42
Total payable by Tenant to Landlord
Landlord $2,895.42
Claim types — money lines allowed on this order
Order
- This order incorporates the Tribunal order made on 14 January 2026 under application 5395653. I record that this prior Order incorrected stated the water rates arrears date as 14 January 2026 when the amount ordered should have been recorded as being to 30 December 2025.
- The tenancy of Ray-Lee Marsh at 154A Lincoln Road, Henderson, Auckland 0610 is terminated, and possession is granted to Barfoot & Thompson Limited, at 5:00pm on Thursday 26 March 2026.
- The Bond Centre is to pay the bond of $1,395.00 (BN-16976577) to Barfoot & Thompson Limited immediately.
- Ray-Lee Marsh must pay Barfoot & Thompson Limited $2,895.42 immediately, calculated as shown in the table below:
Reasons
- The landlord attended the hearing. The tenant did not.
- I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
- On 14 January 2026, the Tribunal made an order relating to this tenancy under application 5395653, for rent arrears of $1,485.00, water rates of $271.64 and the filing fee of $28.00 The previous order is incorporated into this order for enforcement purposes. The amount still owing from this order is $1,609.99.
- The landlord has applied for termination of the tenancy, rent and water rates arrears, refund of the bond and reimbursement of the filing fee.
Should the tenancy be terminated?
- Section 55(1)(a) of the RTA states that the Tribunal must terminate a tenancy, and grant possession back to the landlord, where a landlord has applied for termination of the tenancy because the tenant is 21 days or more in rent arrears at the date the landlord made its application.
- The landlord has provided rent records that prove the rent was in arrears by more than 21 days at the date the applicant made its 20 January 2026 application to the Tribunal.
- The tenancy of Ray-Lee Marsh at 154A Lincoln Road, Henderson, Auckland 0610 is terminated, and possession is granted to Barfoot & Thompson Limited, at 5:00pm on Thursday 26 March 2026.
- The tenancy will end on Monday 30 March 2026 because the landlord cannot, pursuant to section 138(1)(a) of the District Court Act 2016, enforce the eviction order for 48 hours, and is unlikely to be able to take possession of the premise until the morning of Monday 30 March 2026. This gives the tenant time to move any belongings out of the premise that she wants to retain, to clean it and return the keys to the Barfoot and Thompson offices on Monday morning at 9am. Failure to have complied with this eviction order by Monday morning is likely to result in the landlord seeking an eviction warrant and a bailiff to enforce this Order.
How much is owed for rent and water rates?
- The tenancy will end on 30 March 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy
- The landlord also provided water rates invoices which prove the amount owing from 31 December 2025 to 25 February 2026. A further final water rates invoice will be sent to the tenant after the end of the tenancy to cover the remaining period of consumption.
- I note that NZTT 5395653 incorrectly states that the $271.64 water rates arrears awarded is to 14 January 2026 (the hearing date). The landlord has provided evidence at todays’ hearing that this amount covers the period to 30 December 2025. Reimbursement of filing fee
- Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
- Because the landlord has wholly succeeded with its claims, I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s102(4), s138(1), s14, s20, s21, s55(1)
Key findings
- Dispute theme: rent arrears
Property management
- BARFOOT & THOMPSON LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5428162?
The tribunal order states: This order incorporates the Tribunal order made on 14 January 2026 under
How much money was awarded in case 5428162?
Filing Fee: $28.00 awarded to landlord; Previous Order Application 5395653 D…: $1,609.99 awarded to landlord; Rent Arrears: $2,370.00 awarded to landlord; Water Rates: $282.43 awarded to landlord
What type of tenancy dispute was case 5428162?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5428162?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13353673-Tenancy_Tribunal_Order.pdf.