What was the outcome of Tenancy Tribunal case 5434011?

The tribunal order states: The tenancy of Jason Whear and Amy Buttery at 540 Burnside Road, Makarau,

How much money was awarded in case 5434011?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $10,175.00 awarded to landlord; Rubbish Bin Fee: $107.65 awarded to landlord

What type of tenancy dispute was case 5434011?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5434011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13487495-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5434011?

The tribunal order states: The tenancy of Jason Whear and Amy Buttery at 540 Burnside Road, Makarau,

How much money was awarded in case 5434011?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $10,175.00 awarded to landlord; Rubbish Bin Fee: $107.65 awarded to landlord

What type of tenancy dispute was case 5434011?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5434011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13487495-Tenancy_Tribunal_Order.pdf.

540 Burnside Road, Makarau, RD 3, Warkworth 0873 Tenancy Tribunal Case 5434011 — Rent arrears

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540 Burnside Road, Makarau, RD 3, Warkworth 0873 Tenancy Tribunal Case 5434011 — 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 5434011 — net $10,310.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 08/05/2026	$10,175.00	Rent arrears to 08/05/2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Rubbish bin fee	$107.65	Rubbish bin fee
Net award	$10,310.65
Total payable by Tenant to Landlord	$10,310.65

Claims and awards for application 5434011 — net $10,310.65 NZD. Verify on MoJ.

Rent arrears to 08/05/2026

Amount: $10,175.00
Awarded to: Landlord
Reason: Rent arrears to 08/05/2026

Filing fee reimbursement

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

Rubbish bin fee

Amount: $107.65
Awarded to: Landlord
Reason: Rubbish bin fee

Net award

Landlord $10,310.65

Total payable by Tenant to Landlord

Landlord $10,310.65

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Jason Whear and Amy Buttery at 540 Burnside Road, Makarau, RD 3, Warkworth 0873 is terminated, and possession is granted to Mackys Real Estate Limited T/A Bayleys In The North, at 11:59 on Friday 8 May 2026.
Jason Whear and Amy Buttery owe Mackys Real Estate Limited T/A Bayleys In The North $10,310.65, calculated as shown in the table below:

Jason Whear and Amy Buttery will make the following payments to Mackys Real Estate Limited T/A Bayleys In The North towards the debt in order 2: a. $2200.00 on Wednesday 22 April 2026 b. $$3300.00 on Wednesday 29 April 2026 c. $4810.65 on Friday 8 May 2026
If the tenant make the payments specified in order 4a and 4b: a. The tenancy at 540 Burnside Road, Makarau, RD 3, Warkworth 0873 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to make the payment specified in order 4c within 2 working days of the due date, the amount will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, a rubbish bin fee and the filing fee.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing to the 24 th of April 2026. They tell me they have received an additional payment of $2200.00 not reflected in the rent summary. I have deducted this amount and added a further two weeks rent to the total to reflect the amount owing to the end of the tenancy.
The applicant is also seeking a rubbish fee incurred because of a tenant request to the local council for a larger bin. The respondent consents to this cost.
Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
The tenants have told me they are able to make the two payments specified in orders 4a and 4b. The two additional weeks this gives the tenants in the tenancy is within the range of what the tribunal would usually consider when determining the date of termination under section 55. It also improves the landlords position. I have therefore made a conditional termination order on these promised payments and made a final termination order for the 8 th of May 2026.
Because the applicant has been wholly successful in their application I have awarded the application filing fee.

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 5434011 — net $10,310.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 08/05/2026	$10,175.00	Rent arrears to 08/05/2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Rubbish bin fee	$107.65	Rubbish bin fee
Net award	$10,310.65
Total payable by Tenant to Landlord	$10,310.65

Claims and awards for application 5434011 — net $10,310.65 NZD. Verify on MoJ.

Rent arrears to 08/05/2026

Amount: $10,175.00
Awarded to: Landlord
Reason: Rent arrears to 08/05/2026

Filing fee reimbursement

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

Rubbish bin fee

Amount: $107.65
Awarded to: Landlord
Reason: Rubbish bin fee

Net award

Landlord $10,310.65

Total payable by Tenant to Landlord

Landlord $10,310.65

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Jason Whear and Amy Buttery at 540 Burnside Road, Makarau, RD 3, Warkworth 0873 is terminated, and possession is granted to Mackys Real Estate Limited T/A Bayleys In The North, at 11:59 on Friday 8 May 2026.
Jason Whear and Amy Buttery owe Mackys Real Estate Limited T/A Bayleys In The North $10,310.65, calculated as shown in the table below:

Jason Whear and Amy Buttery will make the following payments to Mackys Real Estate Limited T/A Bayleys In The North towards the debt in order 2: a. $2200.00 on Wednesday 22 April 2026 b. $$3300.00 on Wednesday 29 April 2026 c. $4810.65 on Friday 8 May 2026
If the tenant make the payments specified in order 4a and 4b: a. The tenancy at 540 Burnside Road, Makarau, RD 3, Warkworth 0873 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to make the payment specified in order 4c within 2 working days of the due date, the amount will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, a rubbish bin fee and the filing fee.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing to the 24 th of April 2026. They tell me they have received an additional payment of $2200.00 not reflected in the rent summary. I have deducted this amount and added a further two weeks rent to the total to reflect the amount owing to the end of the tenancy.
The applicant is also seeking a rubbish fee incurred because of a tenant request to the local council for a larger bin. The respondent consents to this cost.
Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
The tenants have told me they are able to make the two payments specified in orders 4a and 4b. The two additional weeks this gives the tenants in the tenancy is within the range of what the tribunal would usually consider when determining the date of termination under section 55. It also improves the landlords position. I have therefore made a conditional termination order on these promised payments and made a final termination order for the 8 th of May 2026.
Because the applicant has been wholly successful in their application I have awarded the application filing fee.

Tenancy Tribunal case 5434011 — Rent arrears at 540 Burnside Road, Makarau, RD 3, Warkworth 0873

At a glance

Tenancy Tribunal case 5434011 — Rent arrears at 540 Burnside Road, Makarau, RD 3, Warkworth 0873

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions