Tenantcheck Insights · Case study
Tenancy Tribunal case 5444769 — Rent arrears at 18 Top Road, Dairy Flat, RD 2, Dairy Flat 0792
Published 16 April 2026 · Application 5444769
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Dairy Flat
Tribunal region
Adjudicator
J Setefano
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $22,218.00
- Total balance for Tenant to pay Landlord
- $22,218.00
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 08/03/2026 | $22,190.00 | Rent arrears to 08/03/2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $22,218.00 | ||
| Total payable by Tenant to Landlord | $22,218.00 |
Claims and awards for application 5444769 — net $22,218.00 NZD. Verify on MoJ.
Rent arrears to 08/03/2026
- Amount
- $22,190.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 08/03/2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $22,218.00
Total payable by Tenant to Landlord
Landlord $22,218.00
Claim types — money lines allowed on this order
Order
- Ming Zhang is granted possession of the premises at 18 Top Road, Dairy Flat, RD 2, Dairy Flat 0792 immediately.
- Barney Cornaga must pay Ming Zhang $22,218.00 immediately, as set out in the table below:
Reasons
- A hearing of this matter was held by video conference on 16 April 2026. The landlord and tenant both attended. A Mandarin interpreter was present and assisted throughout the hearing.
- The landlord seeks orders for rent arrears and possession of the premises following the end of a long-standing tenancy. The tenant accepts that rent fell into arrears but relies on difficulties arising from subtenancies and personal hardship. Background
- The tenancy commenced on 4 March 2014. The weekly rent was $1,650.
- At the hearing it was confirmed that the tenant gave notice to end the tenancy effective 1 March 2026, which was subsequently extended by agreement to 8 March 2026. I therefore find that the tenancy lawfully ended on 8 March 2026.
- The landlord applied for termination, possession, and rent arrears. As the tenancy has ended, termination is no longer required. The remaining issues are possession and rent arrears. Issues
- The issues for determination are: a. Whether the landlord is entitled to a possession order. b. The amount of rent arrears properly payable by the tenant. c. Matters arising from sub-occupants and goods remaining at the premises. Possession
- The landlord seeks possession of the premises, including against all other persons in occupation.
- Although the tenant has vacated, it was confirmed at the hearing that subtenants remain residing in the main house, minor dwelling, and granny flat. Those persons entered into occupation through arrangements with the tenant and do not have any direct tenancy agreement with the landlord.
- Where a tenancy has ended but the premises have not been returned with vacant possession, the Tribunal may make an order for possession. Section 64(1) of the Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal may order possession if the tenancy has terminated, and the application is made within the statutory timeframe. I am satisfied that the tenancy ended on 8 March 2026 and that the landlord’s application has been made within 90 days of termination. The requirements of section 64(1) are therefore met.
- I am further satisfied that any remaining occupants derive their right of occupation solely through the tenant. Following the termination of the head tenancy, and in the absence of any agreement with the landlord, those persons are in occupation without lawful authority.
- In those circumstances, it is appropriate to make a possession order against the tenant and all other persons in occupation to enable the landlord to recover vacant possession of the premises. Rent Arrears
- The landlord provided a rent summary. He gave evidence that as at 1 March 2026 the arrears were $20,540.00 and $28,930.00 calculated to the date of hearing.
- The tenant does not dispute that rent fell into arrears but explains that this arose due to non-payment by subtenants, loss of income following his partner’s illness, and financial hardship.
- Under section 40(1)(a) of the RTA, the tenant is required to pay rent when it falls due. This is a fundamental obligation.
- The tenancy ended on 8 March 2026. As a matter of law, rent is payable only up to the date the tenancy ends, unless there is a further lawful basis for ongoing liability. In this case, there is no such basis. The landlord is therefore entitled to rent arrears accrued up to 8 March 2026, but not beyond that date.
- I am satisfied on the evidence that rent arrears to 8 March 2026 total $22,190.00. I accept the landlord’s rent summary and calculations, noting that the tenant has not provided any alternative accounting or evidence to challenge the figures.
- The tenant’s reliance on the conduct of subtenants does not affect liability. Any subletting or flatting arrangements are private arrangements between the tenant and those occupants. The tenant remains responsible for ensuring rent is paid in full. Any losses caused by subtenants must be pursued separately and do not reduce the landlord’s entitlement to arrears.
- I also acknowledge the tenant’s age, financial position, and personal circumstances. While these matters are relevant to the Tribunal’s understanding of the situation, they do not extinguish the statutory obligation to pay rent. Subtenants and Recovery Options
- The tenant advised that significant sums are owed by subtenants and a flatmate. It is open to the tenant to pursue those parties directly.
- Claims against subtenants who occupied self-contained parts of the premises may be brought in the Tenancy Tribunal, while claims against flatmates may be brought in the Disputes Tribunal. The tenant may seek assistance from Tenancy Services, Citizens Advice Bureau, or a Community Law Centre in relation to those processes.
- Given the level of arrears, the tenant is strongly encouraged to take appropriate steps to recover any amounts owed. Goods Left at the Premises
- The landlord raised concerns about a significant quantity of goods remaining at the property, apparently belonging to one or more sub-occupants.
- Where goods are left behind following the end of a tenancy, sections 62A, B, and C of the RTA set out the process a landlord must follow. This includes making reasonable efforts to identify and contact the owner of the goods, storing the goods for the required period, and dealing with disposal or sale in accordance with the Act.
- This statutory process applies regardless of whether the goods belong to the tenant or to persons who occupied the premises under the tenant’s authority. The landlord’s obligations arise because the goods have been left at the premises following the end of the tenancy.
- No formal application has been made in this proceeding for compensation or disposal costs, and there is insufficient evidence to make any such orders. It remains open to the landlord to apply for further orders, including a disposal order if required, in accordance with the Act. Findings
- I find that: a. The tenancy ended on 8 March 2026. b. The premises have not been returned with vacant possession. c. The landlord is entitled to an order for possession against the tenant and all other persons in occupation. d. Rent arrears to 8 March 2026 total $22,190.00 and are payable by the tenant immediately and is enforceable as a debt.
- As the landlord is wholly successful with the application, I must order the tenant to 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
s12, s19, s22, s26, s40(1), s6, s62A, s64(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 5444769?
The tribunal order states: Ming Zhang is granted possession of the premises at 18 Top Road, Dairy Flat,
How much money was awarded in case 5444769?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $22,190.00 awarded to landlord
What type of tenancy dispute was case 5444769?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5444769?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13459708-Tenancy_Tribunal_Order.pdf.