What was Tenancy Tribunal case 5431923 about?

The tribunal order states: There is an order for non-publication of the names of the landlord [The

How much money was awarded in case 5431923?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,960.00 awarded to landlord

What type of tenancy dispute was case 5431923?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5431923?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13582852-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5431923 about?

The tribunal order states: There is an order for non-publication of the names of the landlord [The

How much money was awarded in case 5431923?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,960.00 awarded to landlord

What type of tenancy dispute was case 5431923?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5431923?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13582852-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5431923 — Rent arrears

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New Zealand Tenancy Tribunal Case 5431923 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5431923 — net $2,988.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 November 2025	$2,960.00	Rent arrears to 17 November 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,988.00
Total payable by Tenant to Landlord	$2,988.00

Claims and awards for application 5431923 — net $2,988.00 NZD. Verify on MoJ.

Rent arrears to 17 November 2025

Amount: $2,960.00
Awarded to: Landlord
Reason: Rent arrears to 17 November 2025

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,988.00

Total payable by Tenant to Landlord

Landlord $2,988.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

There is an order for non-publication of the names of the landlord [The applicant/s]
Siosifa Pailate must pay [The landlord/s] $2,988.00 immediately, as calculated in the table below.

Reasons

The landlord attended the initial hearing on 21 April 2026. At the hearing I indicated that I would make the order for rent arrears as sought.
However, on reviewing the documents, I realised that I had misread some dates.
In an order dated 16 October 2025, the landlord terminated the tenancy immediately on the basis that the tenant had disturbed the quiet enjoyment of the neighbours and used the premises for unlawful purposes, but the landlord sought rent to 18 November 2025.
The landlord was asked to explain why a further month’s rent is being sought.
At a further hearing, the landlord said that the tenant’s family refused to move out. At the time they had property managers who advised them not to enforce the possession order.
Given the nature of the reasons for termination, that seems poor advice.
The landlord was given the opportunity to provide evidence from the agent that they gave that advice and to explain how the bond had been signed over to them if the tenant was in prison.
The landlord has now provided evidence from the property manager that the keys were returned to them on 17 November 2025. I am satisfied that rent is owed up to that date, but note that it is surprising that no action was taken to evict the occupants sooner, given the adjudicator’s ruling on 16 October: Usually, a possession order cannot be enforced (an eviction actioned) until 48 hours after the order is made. However, I can grant leave for the order to be enforced immediately; see section 138(1) of the District Court Act 2016. Section 106(2) RTA states that s 138(1) applies as if the reference to a District Court Judge, were a reference to a Tenancy Adjudicator. The landlord may make an immediate application for an eviction warrant to have bailiff and/or police assistance to obtain possession, if required.
The landlord is also reminded of section 49 of the RTA which says that parties have a duty to mitigate their loss.
The landlords have also had difficulty understanding how to complete a rent summary, despite the time taken at the first hearing to explain it. They say that the tenant stopped paying rent on 2 September 2025 and seek 9 weeks rent less the bond. That is $6600 less the bond of $2,960, which comes to $3640. They have filed a rent summary which shows a balance owing of $2,960, and so that is the amount ordered.
It is recommended that the tenants consider using a property manager or get further advice and assistance in their role as a landlord.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. T Baker, 12 May 2026

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5431923 — net $2,988.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 November 2025	$2,960.00	Rent arrears to 17 November 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,988.00
Total payable by Tenant to Landlord	$2,988.00

Claims and awards for application 5431923 — net $2,988.00 NZD. Verify on MoJ.

Rent arrears to 17 November 2025

Amount: $2,960.00
Awarded to: Landlord
Reason: Rent arrears to 17 November 2025

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,988.00

Total payable by Tenant to Landlord

Landlord $2,988.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

There is an order for non-publication of the names of the landlord [The applicant/s]
Siosifa Pailate must pay [The landlord/s] $2,988.00 immediately, as calculated in the table below.

Reasons

The landlord attended the initial hearing on 21 April 2026. At the hearing I indicated that I would make the order for rent arrears as sought.
However, on reviewing the documents, I realised that I had misread some dates.
In an order dated 16 October 2025, the landlord terminated the tenancy immediately on the basis that the tenant had disturbed the quiet enjoyment of the neighbours and used the premises for unlawful purposes, but the landlord sought rent to 18 November 2025.
The landlord was asked to explain why a further month’s rent is being sought.
At a further hearing, the landlord said that the tenant’s family refused to move out. At the time they had property managers who advised them not to enforce the possession order.
Given the nature of the reasons for termination, that seems poor advice.
The landlord was given the opportunity to provide evidence from the agent that they gave that advice and to explain how the bond had been signed over to them if the tenant was in prison.
The landlord has now provided evidence from the property manager that the keys were returned to them on 17 November 2025. I am satisfied that rent is owed up to that date, but note that it is surprising that no action was taken to evict the occupants sooner, given the adjudicator’s ruling on 16 October: Usually, a possession order cannot be enforced (an eviction actioned) until 48 hours after the order is made. However, I can grant leave for the order to be enforced immediately; see section 138(1) of the District Court Act 2016. Section 106(2) RTA states that s 138(1) applies as if the reference to a District Court Judge, were a reference to a Tenancy Adjudicator. The landlord may make an immediate application for an eviction warrant to have bailiff and/or police assistance to obtain possession, if required.
The landlord is also reminded of section 49 of the RTA which says that parties have a duty to mitigate their loss.
The landlords have also had difficulty understanding how to complete a rent summary, despite the time taken at the first hearing to explain it. They say that the tenant stopped paying rent on 2 September 2025 and seek 9 weeks rent less the bond. That is $6600 less the bond of $2,960, which comes to $3640. They have filed a rent summary which shows a balance owing of $2,960, and so that is the amount ordered.
It is recommended that the tenants consider using a property manager or get further advice and assistance in their role as a landlord.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. T Baker, 12 May 2026

Tenancy Tribunal case 5431923 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5431923 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions