Tenantcheck Insights · Case study
Tenancy Tribunal case 5447430 — Rent arrears at 13 Dixon Avenue, Hawera, Hawera 4610
Published 25 May 2026 · Application 5447430
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Hawera
Tribunal region
Adjudicator
M Feist
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $885.14
- Total balance for Tenant to pay Landlord
- $885.14
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 25 May 2026 | $857.14 | Rent arrears (to 25 May 2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $885.14 | ||
| Total payable by Tenant to Landlord | $885.14 |
Claims and awards for application 5447430 — net $885.14 NZD. Verify on MoJ.
Rent arrears (to 25 May 2026
- Amount
- $857.14
- Awarded to
- Landlord
- Reason
- Rent arrears (to 25 May 2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $885.14
Total payable by Tenant to Landlord
Landlord $885.14
Claim types — money lines allowed on this order
Order
- Lavenia Tiplady and Benjamin Tiplady owes Mills Gibbon & Co Ltd T/A First National Collective As Agent For Dylan Moffitt $885.14 (“the debt”).
- Lavenia Tiplady and Benjamin Tiplady must pay rent and the debt as follows: a. By 17 weekly payments of $590.00, being $540.00 for rent and $50.00 for the debt. b. A final payment of $575.14, being $540.00 for rent and $35.14 for the debt. c. Payments will be every Wednesday, with the first payment on 27/05/2026 and continuing until 23/09/2026.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 13 Dixon Avenue, Hawera, Hawera 4610 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- On 17 February 2026, the landlord filed an application seeking termination of the tenancy, rent arrears and reimbursement of the filing fee.
- The hearing proceeded by way of video conference. Ms O’Keefe-Hosking, Property Manager, appeared for the landlord. The tenants failed to appear. The Tribunal was satisfied the tenants were properly served with the notice of hearing and the case proceeded in their absence.
Should a conditional termination order be made?
- At the hearing, the landlord advised the Tribunal they no longer sought immediate termination of the tenancy. The tenant had been paying the rent and the rent arrears off on an informal, ad hoc basis. The landlord seeks a formal order to regularise these payments.
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by failing to pay rent as and when it fell due. On 19 January 2026, the landlord served a 14-day notice on the tenant advising the tenant they were $2,160.00 in rent arrears. The breach was not remedied within the required period.
- 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. When the application was filed the rent arrears totalled $1,697.14. Rent was as least 21 days in arrears.
- At the date of hearing the tenant’s rent arrears totalled $857.14. The tenant has been paying up to an additional $200.00 per week, on an ad hoc basis, to clear the rent debt since 18 February 2026.
- There is sufficient evidence to order termination of the tenancy for rent arrears. However, I have been persuaded by the landlord’s evidence 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 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. Costs
- Because Mills Gibbon & Co Ltd T/A First National Collective As Agent For Dylan Moffitt has wholly succeeded with the claim I must reimburse the filing fee.
- Despite being wholly successful the landlord did not seek name suppression.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s11, s55(1), s56(1), s64(4)
Key findings
- Dispute theme: rent arrears
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5447430?
The tribunal order states: Lavenia Tiplady and Benjamin Tiplady owes Mills Gibbon & Co Ltd T/A First
How much money was awarded in case 5447430?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $857.14 awarded to landlord
What type of tenancy dispute was case 5447430?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5447430?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13648105-Tenancy_Tribunal_Order.pdf.