Tenantcheck Insights · Case study
Tenancy Tribunal case 5438208 — Rent arrears at 217 Vogel Street, Roslyn, Palmerston North 4414
Published 14 May 2026 · Application 5438208
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Palmerston North
Tribunal region
Adjudicator
A Aiolupotea
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $11,791.72
- Bond payment as ordered
- −$3,000.00
- Total balance for Tenant to pay Landlord
- $8,791.72
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $11,763.72 | Rent arrears | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $8,791.72 | ||
| Total payable by Tenant to Landlord | $8,791.72 |
Claims and awards for application 5438208 — net $8,791.72 NZD. Verify on MoJ.
Rent arrears
- Amount
- $11,763.72
- Awarded to
- Landlord
- Reason
- Rent arrears
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $8,791.72
Total payable by Tenant to Landlord
Landlord $8,791.72
Claim types — money lines allowed on this order
Order
- The tenancy of Pamela Te Are and James Wakefield at 217 Vogel Street, Roslyn, Palmerston North 4414 is terminated, and possession is granted to Karl Burgess, immediately.
- The Bond Centre is to pay the bond of $3,000.00 (BN-10110981) to Karl Burgess immediately.
- Pamela Te Are and James Wakefield must pay Karl Burgess $8,791.72 immediately, being rent arrears to 11 May 2026.
Reasons
- The Landlord attended the hearing. The Tenant failed to appear.
- The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of 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 at the end of the tenancy. The records initially contained multiple errors in the recording of rent payment dates. Following the hearing, the Landlord was provided an opportunity to correct those deficiencies. While most errors were subsequently rectified, the Landlord’s final rent summary continued to contain inaccuracies. For example, one rent period was recorded as running from 27 March 2026 to 2 April 2026, with the following rent period then recorded from 19 September 2026 to 9 April 2026.
- Although the “rent arrears” column accurately reflected the amount of rent incurred, the corresponding “rent due” and “rental period dates from” 3 April were not. Given the Landlord is not a professional property manager or real estate agency, I will accept that these errors were not a deliberate attempt to mislead the Tribunal. I am satisfied that the “rent period to” column accurately reflects the rent owing up to 11 May 2026, and I have therefore accepted the rent summary.
- However, the Landlord is advised that the Tribunal will not necessarily extend similar leniency in future proceedings. It is the Landlord’s responsibility to ensure rent records and summaries are accurate, coherent, and properly prepared prior to hearing. Poor record keeping may result in the Tribunal dismissing a claim.
- As Karl Burgess has wholly succeeded with the claim the Tenant must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s55(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 5438208?
The tribunal order states: The tenancy of Pamela Te Are and James Wakefield at 217 Vogel Street,
How much money was awarded in case 5438208?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $11,763.72 awarded to landlord
What type of tenancy dispute was case 5438208?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5438208?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13595042-Tenancy_Tribunal_Order.pdf.