Tenantcheck Insights · Case study
Tenancy Tribunal case 5437331 — Rent arrears at 60 Clover Drive, Massey, Auckland 0610
Decided 23 April 2026 · Published 23 April 2026 · Application 5437331
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
V Pasupati
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,909.86
- Total balance for Tenant to pay Landlord
- $4,909.86
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 23.4.2026 | $3,253.86 | Rent arrears to 23.4.2026 | |
| Rent payable to 11.5.2026 | $1,656.00 | Rent payable to 11.5.2026 | |
| Net award | $4,909.86 | ||
| Total payable by Tenant to Landlord | $4,909.86 |
Claims and awards for application 5437331 — net $4,909.86 NZD. Verify on MoJ.
Rent arrears to 23.4.2026
- Amount
- $3,253.86
- Awarded to
- Landlord
- Reason
- Rent arrears to 23.4.2026
Rent payable to 11.5.2026
- Amount
- $1,656.00
- Awarded to
- Landlord
- Reason
- Rent payable to 11.5.2026
Net award
Landlord $4,909.86
Total payable by Tenant to Landlord
Landlord $4,909.86
Claim types — money lines allowed on this order
Order
- The tenancy of Siaosi George Lee, Christina Lee at 60 Clover Drive, Massey, Auckland 0610 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 11.59pm on 11 May 2026.
- Siaosi George Lee, Christina Lee must pay Kāinga Ora–Homes and Communities $4,909.86 immediately, calculated as shown in the table below:
Reasons
- Only the landlord, represented by Ms Maturan-Abuid, attended the hearing, which was conducted by videoconference. The tenants did not join the video meeting at the scheduled time, either by video or telephone. The start of the hearing was delayed, but the tenants still did not attend. Two telephone calls to the tenants went to voicemail. As the tenants have been notified, the hearing proceeded.
- This tenancy began on 30 August 2022. The landlord has applied for termination of the tenancy and rent arrears. There is no bond.
Should the tenancy be terminated?
- The landlord requested a conditional termination order. However, as explained at the hearing, in the absence of the tenants, I have declined this request. When determining whether to grant a conditional termination order, the Tribunal needs to consider whether the requirements under section 55(1A) of the Residential Tenancies Act 1986 (the RTA) are met. This requires the Tribunal to be satisfied that the tenants will pay the arrears within the period specified, and that it is unlikely they will commit any further relevant breach. As the tenants have not attended the hearing, the Tribunal is unable to seek evidence from them regarding these requirements.
- Therefore, the Tribunal must consider termination of the tenancy in accordance with section 55(1)(a) of the RTA. I am satisfied that the landlord has established the grounds for termination of the tenancy under this provision. Rent was at least 21 days in arrears on the date the application was filed. At the date of the hearing, rent was well over 21 days in arrears. The landlord provided rent records and oral evidence in support.
- Accordingly, the tenancy is terminated under section 55(1)(a) of the RTA.
- The landlord’s rent records prove the amount owing at the date of the hearing. The landlord agrees to allow the tenants to remain in possession for an additional two weeks, until 11 May 2026, so the tenancy will end on this date. The tenants will be liable for rent up to this date, as noted in the table above. Filing fee and name suppression
- While successful, the landlord does not seek the filing fee or name suppression.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s55(1), s55(1A)
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5437331?
The tribunal order states: The tenancy of Siaosi George Lee, Christina Lee at 60 Clover Drive, Massey,
How much money was awarded in case 5437331?
Rent Arrears: $3,253.86 awarded to landlord; Rent Payable To 11.5.2026: $1,656.00 awarded to landlord
What type of tenancy dispute was case 5437331?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5437331?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13490003-Tenancy_Tribunal_Order.pdf.