Tenantcheck Insights · Case study
Tenancy Tribunal case 5496216 — Rent arrears at 23 Minerva Crescent, Woodend, Woodend 7610
Decided 9 June 2026 · Published 9 June 2026 · Application 5496216
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Woodend
Tribunal region
Adjudicator
R Morgan
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,449.00
- Total balance for Tenant to pay Landlord
- $1,449.00
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 10 June 2026 | $1,421.00 | Rent arrears (to 10 June 2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,449.00 | ||
| Total payable by Tenant to Landlord | $1,449.00 |
Claims and awards for application 5496216 — net $1,449.00 NZD. Verify on MoJ.
Rent arrears (to 10 June 2026
- Amount
- $1,421.00
- Awarded to
- Landlord
- Reason
- Rent arrears (to 10 June 2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,449.00
Total payable by Tenant to Landlord
Landlord $1,449.00
Claim types — money lines allowed on this order
Order
- Nicole Brice owes A1 Property Managers Limited As Agent For Jeffrey & Kay Mitchell $1,449.00 (“the debt”) as shown in the table below: DescriptionLandlord Rent arrears (to 10 June 2026)$1,421.00 Filing fee reimbursement$28.00 Total award$1,449.00 Total payable by Tenant to Landlord$1,449.00
- Nicole Brice must pay rent and the debt as follows: a. Payment of $2,098.00, being $649.00 for current rent and $1,449.00 for the debt on or before Friday 12 June 2026.
- Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears by Friday 12 June 2026: a. The tenancy at 23 Minerva Crescent, Woodend, Woodend 7610 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.
- If the tenant does pay $2,098.00 on or before Friday 12 June 2026, the parties are to notify the Tribunal, and the file will be returned to me for scheduling a further hearing in relation to compensation and/or work orders for the breaches of the tenant obligations.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
- 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. See section 56(1) Residential Tenancies Act 1986 (RTA).
- 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.
- The tenant has breached their obligations under the RTA by failing to pay rent in full as it falls due, failing to keep the premises reasonably clean and tidy, causing damage that is more than fair wear and tear. The tenant has also breached her obligations under the Tenancy Agreement by keeping a cat at the premises without consent.
- The landlord served four 14-day notices on the tenant: one in respect of each breach, and the tenant did not remedy any of the breaches within the required period. The landlord provided photographs, emails, text messages and evidence of the rent payments to establish each breach, in summary: a. By the date of the date of the hearing rent was $1,421.00 (15 days in arrears). The tenant has been paying $530 per week since 20 April, instead of the full weekly rent of $649.00. The tenant claimed that she was unaware of the arrears, notwithstanding this application, the 14-day Notice and other communication from the landlord. She said that the arrears were caused by a failure or issue with WINZ and could be rectified by the end of this week. The tenant is liable for the rent, not WINZ. She could and should have resolved this issue before the hearing. b. The landlord provided evidence from routine inspection which shows that the premises are not reasonably clean and tidy. The tenant asserted that the landlord is too fussy and critical. I do not accept that assertion. The photographs show that additional cleaning is required, particularly in the bathroom and kitchen. c. The landlord also provided evidence of a partially repaired windowsill that has had “bog” filler applied put remains unpainted. d. The tenant acknowledges that she has a pet at the premises, and that she has not sought approval from the landlord. The landlord says the smell for unhygienic, uncleaned kitty litter trays is overpowering. The tenant says that she will re-home the cat if the tenancy is allowed to continue.
- The landlord also provided evidence of the tenant repeatedly rescheduling inspections and making access difficult. The tenant is reminded that a landlord may enter the premises during the tenancy with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.
- If a tenant refuses access, after proper notice has been given and without reasonable excuse, they may be liable for exemplary damages up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A Residential Tenancies Act 1986.
- Each breach is relatively modest or minor. None of the issues or breaches on their own satisfy me that it would be inequitable to refuse to terminate the tenancy.
- However, the cumulative effect of the breaches, coupled with the tenant’s repeated rescheduling of inspections and refusal to allow access leads me to the conclusion that it is equitable to terminate the tenancy if the rent arrears and current rent are not paid on or before this Friday, 12 June 2026. See section 78(3) Residential Tenancies Act 1986.
- If the tenant does not pay the arrears and current rent this Friday, the tenancy will terminate immediately, and this application will be at an end.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- If the tenant does pay $2,098.00 on or before Friday 12 June 2026, the parties are to notify the Tribunal, and the file will be returned to me for scheduling a further hearing in relation to compensation and/or work orders for the breaches of the tenant obligations.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s48, s48(1), s56(1), s64(4), s78(3)
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 5496216?
The tribunal order states: Nicole Brice owes A1 Property Managers Limited As Agent For Jeffrey & Kay
How much money was awarded in case 5496216?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,421.00 awarded to landlord
What type of tenancy dispute was case 5496216?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5496216?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13720970-Tenancy_Tribunal_Order.pdf.