What was Tenancy Tribunal case 5463349 about?

The tribunal order states: Investment Rentals Limited As Agent For Andrew Czupper is granted

How much money was awarded in case 5463349?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,228.57 awarded to landlord

What type of tenancy dispute was case 5463349?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5463349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13891831-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5463349 about?

The tribunal order states: Investment Rentals Limited As Agent For Andrew Czupper is granted

How much money was awarded in case 5463349?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,228.57 awarded to landlord

What type of tenancy dispute was case 5463349?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5463349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13891831-Tribunal_Order.pdf.

22 Keegan Drive, Massey, Auckland 0614 Tenancy Tribunal Case 5463349 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5463349 — net $2,256.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 July 2026	$2,228.57	Rent arrears to 14 July 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,256.57
Bond	$2,256.57
Total payable by Tenant to Landlord	$2,256.57

Investment Rentals Limited As Agent For Andrew Czupper is granted possession of the premises at 22 Keegan Drive, Massey, Auckland 0614 at 12:00pm, Monday 20 July 2026.

The Bond Centre is to pay $2,256.57 from the bond of $2,320.00 (5102357- 008) to Investment Rentals Limited As Agent For Andrew Czupper immediately, pursuant to the table below.

The balance of the bond of $63.43 is to remain at the Bond Centre.

Reasons

Both parties attended the hearing on 14 July 2026. Theunis Judeel appeared on behalf of the landlord.

The landlord seeks an order for possession, rent arrears and refund of the bond.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should a possession order be made in favour of the landlord?

The law

On the application of any person entitled to possession of the premises following the termination of a tenancy, the Tribunal shall make an order granting possession of the premises to that person. 1

A landlord may terminate a periodic tenancy in any case by giving at least 90 days’ notice. 2 Analysis

The landlord sent a 90-day termination notice to the tenant on 5 November 2025. Because the tenancy is a periodic tenancy, the landlord is entitled to end it by giving the tenant 90-days written notice.

The termination notice was sent to the tenant by email to the email address recorded as an address for service for them in the tenancy agreement. The contents of the notice comply with section 51(3) Residential Tenancies Act 1986 (RTA). There is at least 90 days between 5 November 2025 and the termination date recorded in the notice, namely 5 February 2026. For all of these reasons, I find the 90-day termination notice is valid.

The landlord granted the tenant two requests to extend the termination date, the most recent of which extended the termination date to 19 March 2026. I find the tenancy ended on this date and the landlord is entitled to possession of the premises.

The tenant claims that the termination notice is retaliatory, because it was sent in response to complaints made by the tenant about problems with the electricity at the premises. The tenant has not filed a cross-application with Tenancy Services for retaliatory notice. Therefore, I cannot consider this as a claim raised during the hearing. I declined to grant the tenant an adjournment to 1 Residential Tenancies Act 1986, section 64(1). 2 Residential Tenancies Act 1986, section 51(1). allow them more time to file a cross-application for retaliatory notice. This is because any cross-application would be filed more than 28 working days after the tenant received the termination notice. The Tribunal can only declare a termination notice to be retaliatory and of no effect if a claim is filed within 28 working days of the tenant receiving the termination notice. 3 Therefore, even if the tenant were able to prove that the termination notice was retaliatory, I would not be able to set it aside.

For all of these reasons, the landlord’s application for a possession order is granted. The landlord agreed to set the possession date to Monday, 20 July 2026 at 12:00pm. The tenant requested more time, which the landlord declined to permit. Therefore, I order possession of the premises to be granted to the landlord at 12:00pm, Monday 20 July 2026.

How much does the tenant owe in rent arrears?

The landlord submitted a rent summary, which records rent arrears as being $2,528.57 up to 14 July 2026. The landlord claims that since they filed the rent summary, the tenant has paid $300.00, which I accept. Therefore, I find the tenant owes rent arrears of $2,228.57 up to 14 July 2026.

The tenant disputes the accuracy of the landlord’s rent summary, but did not supply any supporting evidence of this. The tenant appears to have lived at the premises with other people, all of whom shared the payment of rent between them. Whilst the tenant’s portion of the rent, namely $300.00, has continued to be paid each week, it appears that other people living in the premises have not paid their portion of the rent. The tenant is the only named tenant on the tenancy agreement. Therefore, liability for rent arrears rests solely with them.

For all of these reasons, the landlord’s claim for rent arrears is granted for $2,228.57. 3 Residential Tenancies Act 1986, section 54(3). Filing fee

Because Investment Rentals Limited As Agent For Andrew Czupper has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5463349 — net $2,256.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 July 2026	$2,228.57	Rent arrears to 14 July 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,256.57
Bond	$2,256.57
Total payable by Tenant to Landlord	$2,256.57

Order

Investment Rentals Limited As Agent For Andrew Czupper is granted possession of the premises at 22 Keegan Drive, Massey, Auckland 0614 at 12:00pm, Monday 20 July 2026.
The Bond Centre is to pay $2,256.57 from the bond of $2,320.00 (5102357- 008) to Investment Rentals Limited As Agent For Andrew Czupper immediately, pursuant to the table below.
The balance of the bond of $63.43 is to remain at the Bond Centre.

Reasons

Both parties attended the hearing on 14 July 2026. Theunis Judeel appeared on behalf of the landlord.
The landlord seeks an order for possession, rent arrears and refund of the bond.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should a possession order be made in favour of the landlord?

The law

On the application of any person entitled to possession of the premises following the termination of a tenancy, the Tribunal shall make an order granting possession of the premises to that person. 1
A landlord may terminate a periodic tenancy in any case by giving at least 90 days’ notice. 2 Analysis
The landlord sent a 90-day termination notice to the tenant on 5 November 2025. Because the tenancy is a periodic tenancy, the landlord is entitled to end it by giving the tenant 90-days written notice.
The termination notice was sent to the tenant by email to the email address recorded as an address for service for them in the tenancy agreement. The contents of the notice comply with section 51(3) Residential Tenancies Act 1986 (RTA). There is at least 90 days between 5 November 2025 and the termination date recorded in the notice, namely 5 February 2026. For all of these reasons, I find the 90-day termination notice is valid.
The landlord granted the tenant two requests to extend the termination date, the most recent of which extended the termination date to 19 March 2026. I find the tenancy ended on this date and the landlord is entitled to possession of the premises.
The tenant claims that the termination notice is retaliatory, because it was sent in response to complaints made by the tenant about problems with the electricity at the premises. The tenant has not filed a cross-application with Tenancy Services for retaliatory notice. Therefore, I cannot consider this as a claim raised during the hearing. I declined to grant the tenant an adjournment to 1 Residential Tenancies Act 1986, section 64(1). 2 Residential Tenancies Act 1986, section 51(1). allow them more time to file a cross-application for retaliatory notice. This is because any cross-application would be filed more than 28 working days after the tenant received the termination notice. The Tribunal can only declare a termination notice to be retaliatory and of no effect if a claim is filed within 28 working days of the tenant receiving the termination notice. 3 Therefore, even if the tenant were able to prove that the termination notice was retaliatory, I would not be able to set it aside.
For all of these reasons, the landlord’s application for a possession order is granted. The landlord agreed to set the possession date to Monday, 20 July 2026 at 12:00pm. The tenant requested more time, which the landlord declined to permit. Therefore, I order possession of the premises to be granted to the landlord at 12:00pm, Monday 20 July 2026.

How much does the tenant owe in rent arrears?

The landlord submitted a rent summary, which records rent arrears as being $2,528.57 up to 14 July 2026. The landlord claims that since they filed the rent summary, the tenant has paid $300.00, which I accept. Therefore, I find the tenant owes rent arrears of $2,228.57 up to 14 July 2026.
The tenant disputes the accuracy of the landlord’s rent summary, but did not supply any supporting evidence of this. The tenant appears to have lived at the premises with other people, all of whom shared the payment of rent between them. Whilst the tenant’s portion of the rent, namely $300.00, has continued to be paid each week, it appears that other people living in the premises have not paid their portion of the rent. The tenant is the only named tenant on the tenancy agreement. Therefore, liability for rent arrears rests solely with them.
For all of these reasons, the landlord’s claim for rent arrears is granted for $2,228.57. 3 Residential Tenancies Act 1986, section 54(3). Filing fee
Because Investment Rentals Limited As Agent For Andrew Czupper has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5463349 — Rent arrears at 22 Keegan Drive, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5463349 — Rent arrears at 22 Keegan Drive, Massey, Auckland 0614

At a glance

Award balance

Claims & awards

Order

Reasons

Should a possession order be made in favour of the landlord?

How much does the tenant owe in rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a possession order be made in favour of the landlord?

How much does the tenant owe in rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions