Tenantcheck Insights · Case study
Tenancy Tribunal case 5453628 — Rent arrears at Unit/Flat Flat 7, 29 Ingestre Street, Whanganui, Whanganui
Decided 2 April 2026 · Published 2 April 2026 · Application 5453628
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Whanganui Central
Tribunal region
Adjudicator
N Bradley
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,985.00
- Bond payment as ordered
- −$1,520.00
- Total balance for Tenant to pay Landlord
- $1,465.00
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 3.3.26 | $2,957.00 | Rent arrears to 3.3.26 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,465.00 | ||
| Total payable by Tenant to Landlord | $1,465.00 |
Claims and awards for application 5453628 — net $1,465.00 NZD. Verify on MoJ.
Rent arrears to 3.3.26
- Amount
- $2,957.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 3.3.26
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,465.00
Total payable by Tenant to Landlord
Landlord $1,465.00
Claim types — money lines allowed on this order
Order
- The tenancy of James Bretherton at Unit/Flat Flat 7, 29 Ingestre Street, Whanganui, Whanganui central 4500 is terminated, and possession is granted to Rosalind Fitz Patrick, immediately.
- The Bond Centre is to pay the bond of $1,520.00 (BN-00158847) to Rosalind Fitz Patrick immediately.
- James Bretherton must pay Rosalind Fitz Patrick $1,465.00 immediately, calculated as shown in the table below:
Reasons
- Both parties attended the hearing.
- The landlord attended the hearing by video call.
- The tenant attended with the assistance of his mother, but they left part way through the hearing. The hearing proceeded without them.
- The landlord has applied for termination of the tenancy, rent arrears, payment of the bond and reimbursement of the filing fee.
- The landlord’s name is amended to record the name of the landlord recorded in the tenancy agreement, being the individual only, not the landlord’s trustee company. Termination
- The Tribunal shall make an order terminating the tenancy if satisfied that the rent was, at the date the application was filed, at least 21 days in arrears. 1 Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated.
- The tenant said he vacated in February 2026 following receiving a trespass notice from the body corporate.
- The landlord said he was not served with a trespass notice but rather a letter to not use the common areas. The landlord said the tenant still had access to the premises and advised her on 3 March 2026 he had vacated.
- For the avoidance of any doubt, I have made a termination order.
How much is owed for rent?
- The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 2
- The landlord provided rent records which prove the amount owing as of 3 March 2026 and she only seeks rent to this date.
- I record here that the hearing notice recorded that termination for abandonment was sought, however as the application was for termination for rent arrears I have determined the matter on this basis only, noting that rent to 3 March 2026 only is claimed. Bond 1 See section 55(1)(a) Residential Tenancies Act 1986. 2 See section 40 (1)(a) of the RTA.
- The bond is to be paid to the landlord immediately to offset the amounts ordered. Filing fee
- Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Suppression
- The landlord did not seek name suppression.
- The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published and may attach any conditions to that order the Tribunal considers appropriate. 3
- The tenant applied for name suppression. The tenant has been unsuccessful in this matter and the public interest in publication outweighs the tenant’s interests in suppression.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40, s55(1), s95A
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5453628?
The tribunal order states: The tenancy of James Bretherton at Unit/Flat Flat 7, 29 Ingestre Street,
How much money was awarded in case 5453628?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,957.00 awarded to landlord
What type of tenancy dispute was case 5453628?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5453628?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13391235-Tenancy_Tribunal_Order.pdf.