Published tribunal order
Tenancy Tribunal case 5465613 — Rent arrears at 5 Gatman Street, Birkdale, Auckland 0626
Decided 22 Apr 2026 · Published 22 Apr 2026 · Application 5465613
- Rent arrears
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the landlord’s name and identifying details.
- The tenancy of Makayla Emily Merrilees-Bignell, Terry Alan Merrilees and Velina Carmen Merrilees at 5 Gatman Street , Birkdale , Auckland 0626 is terminated and possession granted to the landlord immediately.
- Makayla Emily Merrilees-Bignell, Terry Alan Merrilees and Velina Carmen Merrilees must pay [The landlord/s] $935.14 immediately as set out in the table below:
Reasons
- [ Property manager] appeared for the landlord by video. There was no appearance by the tenant.
- The landlord has applied for immediate termination of the tenancy for breach of the tenant’s obligations.
- The landlord is also claiming compensation for power and gas usage between 09 December 2025 and 16 December 2025. Evidence
- The landlord has produced a 14-day breach notice dated 02 March 2026 to remedy rent arrears by 16 March 2026.
- The landlord has provided an up-to-date rent summary.
- The landlord states that, at the start of the tenancy, the electricity and gas accounts were in the landlord’s name. The landlord agreed to keep the accounts in their name until the tenant arranged their own provider, and the tenant agreed to reimburse the landlord for any usage from the start of the tenancy until the changeover date.
- The landlord has received and paid the account for this period and is now seeking reimbursement from the tenant. The landlord states they have sent the details of the amount due to the tenant, but it has not been paid. The landlord has provided an invoice from the electricity and gas provider. Law
- Under section 56(1) of the Residential Tenancies Act 1986 (Act), 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.
- Under section 56(2) of the Act, where a landlord applies to terminate for breach under section 56(1), and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy.
- Section 56(2) applies whether or not the breach notice issued under section 56(1) has been remedied.
- Under section 39 of the Act, the tenant is responsible for outgoings that are exclusively attributable to their occupation of the premises, such as electricity, gas, telephone, and water and wastewater charges. Analysis and decision
- The 14-day breach notice was remedied; however, as at today’s hearing date the rent is in arrears by at least 21 days. Accordingly, the tenancy is terminated and possession granted to the landlord immediately. Rent arrears are awarded to the end of the tenancy.
- Concerning the electricity and gas charges, while I am satisfied that the landlord is entitled to be reimbursed for usage attributable to the tenant, I cannot reconcile the amount claimed with the invoice provided. There is insufficient evidence. The claim is withdrawn, with the understanding that the landlord may bring it again if further evidence is available. Costs
- Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
- The landlord seeks name suppression.
- Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that their name or identifying particulars of that party not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
- The landlord has been substantially successful and is granted name suppression.