What was Tenancy Tribunal case 5436928 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,752.75 immediately,

How much money was awarded in case 5436928?

Electricity: $227.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Microwave: $50.00 awarded to landlord; Rent Arrears: $1,447.00 awarded to landlord

What type of tenancy dispute was case 5436928?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5436928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13767666-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5436928 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,752.75 immediately,

How much money was awarded in case 5436928?

Electricity: $227.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Microwave: $50.00 awarded to landlord; Rent Arrears: $1,447.00 awarded to landlord

What type of tenancy dispute was case 5436928?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5436928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13767666-Tenancy_Tribunal_Order.pdf.

95 Hart Road, Richmond, Richmond 7020 Tenancy Tribunal Case 5436928 — Rent arrears

Claims and awards in Tenancy Tribunal application 5436928 — net $1,752.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 January 2026	$1,447.00	Rent arrears to 9 January 2026
Electricity	$227.75	Electricity
Microwave	$50.00	Microwave
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,752.75
Total payable by Tenant to Landlord	$1,752.75

Order

[The tenant/s] must pay [The landlord/s] $1,752.75 immediately, calculated as shown in table below.
A stay on proceedings is put in place. That remains in place until Friday 3 July 2026, or if [The tenant/s] has had an application processed by Tenancy Services by that date, the stay will remain in place until that application is heard. This monetary order can be included in any subsequent order that follows any tenant application, or the stay lapses.

Reasons

Both parties attended the hearing. This was a continuation after the first hearing on 16 April 2026.
The landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy.
As with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That means that it is for the party bringing the application to establish their claims “on the balance of probabilities.” That means that in this case, the landlord must establish that what they are claiming is more likely than not.
The term “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 more likely. I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely. It is not a question of a party not being “right” or not telling the truth, the sole issue is whether they have on the evidence presented, proven that their claim is more likely than not.
This tenancy lacked a written tenancy agreement and rent was paid by various methods, including cash.
In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered where applicable to the claims to be determined today.

How much is owed for rent?

The tenancy ended on 9 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy, accounting for cash as received.
There were ongoing rent arrears throughout the tenancy, generally varying within the $200-300 range. This was acknowledged by the tenant. The arrears increased near the end of the tenancy and the tenant disputed the way the tenancy ended, although based on the evidence I am satisfied 9 January 2026 is a reasonable date to set as when it ended and possession returned to the landlord. Given that, and no evidence from the tenant of non-accounted for payments, I accept and award the landlord $1,447.00 for rent arrears, as claimed.
The tenant claims an equitable set off may exist, but no counterclaim has been lodged. The conditional stay on proceedings is put in place to allow him time to lodge any claim as he chooses. This order may be enforced after 3 July 2026 if by that date no counterclaim has been processed by Tenancy Services, or if any application remains on hold as part processed. The landlord will receive advice from Tenancy Services of any lodgement as received.
The Court of Appeal in Hamilton Ice Arena Ltd v Perry Developments Ltd [2002] 1 NZLR 309 stated: ...a tenant has a right to set off against rent cross claims which arise not only out of the same contact as the claim but also where the cross-claim arises directly out of the relationship of landlord and tenant or out of an agreement for lease, or otherwise where there is a sufficiently close connection between the transaction giving rise to the cost claim for the equitable doctrine of set-off to apply.
The High Court in O’Shea v Brown Auckland AP 110 – PL 01, held that equitable set-off applied to residential tenancies.
Given the hearing history since the application was lodged on 2 February 2026, as well as tenant prior advice as to the need to lodge a counterclaim (as evidenced in his submission), I make a conditional stay only.

How much is owed for electricity?

The landlord submitted accounting for electricity costs of $227.75. This was accepted by the tenant and is awarded.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claimed a number of missing chattels at the end of the tenancy, being a microwave, bedside cabinets and lights (x2), office chairs (x2) and an antique mirror.
There was no chattel list for this tenancy but the landlord used the police to pursue the return of the chattels after the tenancy ended. By the date of this hearing, the majority of chattels had been returned. There was a remaining dispute regarding a microwave. The crux of the issue appears the tenant considered that he sold it on behalf of the landlord (with her knowledge), with $50.00 to be paid to her. The landlord wanted it returned. The tenant said he could not as he had sold it. He wanted to pay the $50.00 to the landlord.
This due payment of $50.00 is accepted and it is recorded in this order. Filing fee
The landlord has been substantially successful and is therefore entitled to have the filing fee returned.

Claims and awards in Tenancy Tribunal application 5436928 — net $1,752.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 January 2026	$1,447.00	Rent arrears to 9 January 2026
Electricity	$227.75	Electricity
Microwave	$50.00	Microwave
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,752.75
Total payable by Tenant to Landlord	$1,752.75

Order

[The tenant/s] must pay [The landlord/s] $1,752.75 immediately, calculated as shown in table below.
A stay on proceedings is put in place. That remains in place until Friday 3 July 2026, or if [The tenant/s] has had an application processed by Tenancy Services by that date, the stay will remain in place until that application is heard. This monetary order can be included in any subsequent order that follows any tenant application, or the stay lapses.

Reasons

Both parties attended the hearing. This was a continuation after the first hearing on 16 April 2026.
The landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy.
As with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That means that it is for the party bringing the application to establish their claims “on the balance of probabilities.” That means that in this case, the landlord must establish that what they are claiming is more likely than not.
The term “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 more likely. I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely. It is not a question of a party not being “right” or not telling the truth, the sole issue is whether they have on the evidence presented, proven that their claim is more likely than not.
This tenancy lacked a written tenancy agreement and rent was paid by various methods, including cash.
In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered where applicable to the claims to be determined today.

How much is owed for rent?

The tenancy ended on 9 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy, accounting for cash as received.
There were ongoing rent arrears throughout the tenancy, generally varying within the $200-300 range. This was acknowledged by the tenant. The arrears increased near the end of the tenancy and the tenant disputed the way the tenancy ended, although based on the evidence I am satisfied 9 January 2026 is a reasonable date to set as when it ended and possession returned to the landlord. Given that, and no evidence from the tenant of non-accounted for payments, I accept and award the landlord $1,447.00 for rent arrears, as claimed.
The tenant claims an equitable set off may exist, but no counterclaim has been lodged. The conditional stay on proceedings is put in place to allow him time to lodge any claim as he chooses. This order may be enforced after 3 July 2026 if by that date no counterclaim has been processed by Tenancy Services, or if any application remains on hold as part processed. The landlord will receive advice from Tenancy Services of any lodgement as received.
The Court of Appeal in Hamilton Ice Arena Ltd v Perry Developments Ltd [2002] 1 NZLR 309 stated: ...a tenant has a right to set off against rent cross claims which arise not only out of the same contact as the claim but also where the cross-claim arises directly out of the relationship of landlord and tenant or out of an agreement for lease, or otherwise where there is a sufficiently close connection between the transaction giving rise to the cost claim for the equitable doctrine of set-off to apply.
The High Court in O’Shea v Brown Auckland AP 110 – PL 01, held that equitable set-off applied to residential tenancies.
Given the hearing history since the application was lodged on 2 February 2026, as well as tenant prior advice as to the need to lodge a counterclaim (as evidenced in his submission), I make a conditional stay only.

How much is owed for electricity?

The landlord submitted accounting for electricity costs of $227.75. This was accepted by the tenant and is awarded.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claimed a number of missing chattels at the end of the tenancy, being a microwave, bedside cabinets and lights (x2), office chairs (x2) and an antique mirror.
There was no chattel list for this tenancy but the landlord used the police to pursue the return of the chattels after the tenancy ended. By the date of this hearing, the majority of chattels had been returned. There was a remaining dispute regarding a microwave. The crux of the issue appears the tenant considered that he sold it on behalf of the landlord (with her knowledge), with $50.00 to be paid to her. The landlord wanted it returned. The tenant said he could not as he had sold it. He wanted to pay the $50.00 to the landlord.
This due payment of $50.00 is accepted and it is recorded in this order. Filing fee
The landlord has been substantially successful and is therefore entitled to have the filing fee returned.

Tenancy Tribunal case 5436928 — Rent arrears at 95 Hart Road, Richmond, Richmond 7020

At a glance

Tenancy Tribunal case 5436928 — Rent arrears at 95 Hart Road, Richmond, Richmond 7020

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

How much is owed for electricity?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

How much is owed for electricity?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions