Tenantcheck Insights · Case study
Tenancy Tribunal case 5509952 — Rent arrears at Unit/Flat 1, 40 Oranga Avenue, Onehunga, Auckland 1061
Decided 19 Jun 2026 · Published 19 Jun 2026 · Application 5509952
Mixed / unclear
- Rent arrears
- 14-day notice
- Harassment
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
R Morgan
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The tenancy of Christine Patrica Rata at Unit/Flat 1, 40 Oranga Avenue, Onehunga, Auckland 1061 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, At 11:59pm on Friday, 3 July 2026.
- Christine Patrica Rata must pay Kāinga Ora–Homes and Communities $1,124.00 immediately, being rent arrears to 8 June 2026.
Reasons
- Both parties attended the hearing by video.
- The landlord has applied for termination of the tenancy and rent arrears.
- The landlord provided rent records which prove the amount owing at the date of the application and the hearing date.
- 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.
- Rent was at least 21 days in arrears on the date the application was filed (and at the date of hearing). The tenant wants to repay the arrears to avoid immediate termination. The landlord opposes a conditional termination order being made for the reasons set out below.
Should the tenancy be terminated?
- Subject to certain, limited, considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and b. on each occasion the landlord gave the tenant written notice— i. describing clearly which specific behaviour was considered to be anti-social and (if known to the landlord) who engaged in it; and ii. advising the tenant of the date, approximate time, and location of the behaviour; and iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and; c. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.
- The Act confirms that antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor.
- The landlord has served the tenant with three notices for anti-social behaviour under Section 55A as follows: a. 20 February 2026 (incident on 2 February 2026): She entered a neighbour's property early in the morning, made noise, threw objects, yelled, and accused the neighbour of an affair. b. 23 March 2026 (incident on 10 March 2026): Neighbours reported yelling and a physical fight at her property. Police attended, issued a Police Safety Order, and filed a report. Similar incidents occurred in the days before. c. 14 May 2026 (incident on 10 April 2026): Neighbours were disturbed at around 3AM by Ms Rata screaming and yelling expletives. Police were called to the incident; event numbers were provided. Another incident occurring on 25 April 2025 where Ms Rata accessed a neighbour’s gated property without their consent was also cited in the notice
- Evidence such as video footage and police reports support these incidents. The tenant maintained that she is not the tenant creating a disturbance in this complex. She said that she sometimes goes to the neighbour looking for her dog but disagrees that she creates a disturbance or causes alarm.
- I have taken into account the evidence presented by the parties as set out above.
- I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant or a person on the tenancy with the tenant’s permission. The landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
- It would not be unfair to terminate the tenancy taking into account the circumstances in which the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application. I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
- However, I can consider the circumstances in which the behaviour has arisen. The tenant pointed to recent upheaval in her life. She also referred to medical conditions. If these three incidents were isolated, I would have been inclined to make a conditional termination order. Unfortunately, they were not. The landlord referred to evidence of previous breaches of the neighbour’s peace and quiet from early 2025.
- On balance, I consider that I am required to terminate this tenancy.
- The tenancy is terminated, and possession is granted to Kāinga Ora–Homes and Communities, At 11:59pm on Friday, 3 July 2026
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s55(1), s55A
Key findings
- Dispute theme: rent arrears
- Dispute theme: termination 14day
- Dispute theme: harassment
Property management
- Kāinga Ora–Homes and Communities (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5509952?
The tribunal order states: The tenancy of Christine Patrica Rata at Unit/Flat 1, 40 Oranga Avenue,
How much money was awarded in case 5509952?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5509952?
The primary dispute was Rent arrears. Related themes: 14-day notice, Harassment.
Where can I read the official tribunal order for case 5509952?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13776447-Tenancy_Tribunal_Order.pdf.