Tenantcheck Insights · Case study
Tenancy Tribunal case 5438097 — Rent arrears in Wesley, Auckland
Decided 25 March 2026 · Published 25 March 2026 · Application 5438097
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
M Feist
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $215.52
- Total balance for Tenant to pay Landlord
- $215.52
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 2 July 2026 | $215.52 | Rent arrears (to 2 July 2026 | |
| Net award | $215.52 | ||
| Total payable by Tenant to Landlord | $215.52 |
Claims and awards for application 5438097 — net $215.52 NZD. Verify on MoJ.
Rent arrears (to 2 July 2026
- Amount
- $215.52
- Awarded to
- Landlord
- Reason
- Rent arrears (to 2 July 2026
Net award
Landlord $215.52
Total payable by Tenant to Landlord
Landlord $215.52
Claim types — money lines allowed on this order
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
- The application for rehearing is granted.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $215.52 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 4 weekly payments of $155.00, being $105.00 for rent and $50.00 for the debt. b. A final payment of $120.52, being $105.00 for rent and $15.52 for the debt. c. Payments will be every Tuesday, with the first payment on 09/06/2026 and continuing until 07/07/2026.
- Payments will be allocated in the following order: rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within five working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- On 3 February 2026, the landlord filed an application seeking termination of the tenancy for breach of the tenant’s obligation to pay rent and rent arrears.
- Mr Alex Temu, Senior Tribunal Adviser, appeared for the landlord. The tenant appeared.
Should the application for rehearing be granted?
- The tenant has applied for a rehearing of the Tribunal order dated 25 March 2026 as they did not receive the original notice of hearing.
- On 27 February 2026, the Tribunal sent a notice of hearing to the tenant advising that the landlord’s claims would be heard by video conference on 29 April 2026 a 3:00pm.
- On 11 March 2026, the Tribunal issued a new notice of hearing to the tenant advising that the landlord’s claims had been amended and would be heard by video conference on 25 March 2026 at 9:30am.
- The tenant told the Tribunal that she had been travelling to Northland to care for a sick parent on a week about basis, and did not receive the new notice of hearing and was unaware of the earlier date.
- The landlord accepted the tenant’s evidence and did not oppose a rehearing.
- For the reasons set out above, I am satisfied that a miscarriage of justice may have occurred and a rehearing is granted. See section 105 Residential Tenancies Act 1986.
Should a conditional termination order be made?
- 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 landlord has provided up to date rent records that prove the amount owed. At the date of filing the tenant’s rent arrears totalled $390.52. The rent was at least 21 days in arrears.
- At the hearing, the landlord told the Tribunal they no longer sought immediate termination of the tenancy and asked for a conditional termination order. The landlord wants the rent and rent arrears paid and asked the Tribunal to formalise the rent debt repayment plan the parties agreed on 16 April 2026.
- The tenant told the Tribunal that she stopped paying rent over the Christmas period as she was over $600.00 in rent credit. The Tribunal heard the tenant overlooked restarting her rent payments once the rent credit ended, because she was travelling to Northland to care for her sick mother on a week-on week-off basis. The tenant said that once she discovered the issue with her rent account, she took steps to remedy the arrears by entering into a payment arrangement with the landlord.
- The tenant wants to pay off the arrears to avoid immediate termination of her tenancy.
- I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
- The tenancy is to continue on the condition that the tenant complies with the agreed repayment plan in addition to meeting all ongoing rent obligations as they fall due. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s16, s3, s55, s55(1), s55(2), s56(1)
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5438097?
The tribunal order states: An application for suppression has been made in this case, and the Tribunal
How much money was awarded in case 5438097?
Rent Arrears: $215.52 awarded to landlord
What type of tenancy dispute was case 5438097?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5438097?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13343763-Tenancy_Tribunal_Order.pdf.