What was Tenancy Tribunal case 5521731 about?

The tribunal order states: The tenancy of Sabrina Byers-Kite at Unit/Flat Flat 202, 155 Beach Road,

How much money was awarded in case 5521731?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,900.00 awarded to landlord

What type of tenancy dispute was case 5521731?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5521731?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13818222-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5521731 about?

The tribunal order states: The tenancy of Sabrina Byers-Kite at Unit/Flat Flat 202, 155 Beach Road,

How much money was awarded in case 5521731?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,900.00 awarded to landlord

What type of tenancy dispute was case 5521731?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5521731?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13818222-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 202, 155 Beach Road, Auckland Central, Tenancy Tribunal Case 5521731 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5521731 — net $728.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,900.00	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$728.00
Total payable by Tenant to Landlord	$728.00

The tenancy of Sabrina Byers-Kite at Unit/Flat Flat 202, 155 Beach Road, Auckland Central, Auckland 1010, The Cube Apartments is terminated, and possession is granted to Edward Robert Meili, at 11.59 am on Friday 3 July 2026.

The Bond Centre is to pay the bond of $2,200.00 (BN-55063577) to Edward Robert Meili immediately.

Sabrina Byers-Kite must pay Edward Robert Meili $728.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the remote hearing.

The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, compensation, exemplary damages for breach of the tenant’s obligations, reimbursement of the filing fee and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

The landlord’s applications to terminate the tenancy as a result of having served anti- social behaviour notices and recidivist rent arrears notices are dismissed as the tenancy is a fixed term tenancy. The anti-social behaviour notice and recidivist rent arrears procedures are only available where the tenancy is periodic. This is a fixed term tenancy.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $2,900.00.

The landlord applied for compensation for fines issued by the body corporate to the owner, for breach of the body corporate rules by the tenant. No evidence of the fines being issued by the body corporate and paid by the owner was provided to the Tribunal . The application is dismissed.

Edward Robert Meili claims the tenant has disturbed their neighbours.

A tenant must not cause or permit interference with the reasonable peace, comfort, or privacy of the landlord's other tenants or of anyone else living in the neighbourhood. See section 40(2)(c) Residential Tenancies Act 1986.

Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 40(3A)(d) and Schedule 1A Residential Tenancies Act 1986.

Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.

The burden of proving this claim is on the landlord. The Tribunal would generally require supporting evidence of some kind. This might be evidence from the complainant neighbours or CCTV footage. In this case, no direct supporting evidence has been provided by the landlord. I am not satisfied that it is more likely than not that the tenant has breached her obligation under.s40(2)(c) RTA. The claim is dismissed.

As Edward Robert Meili has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5521731 — net $728.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,900.00	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$728.00
Total payable by Tenant to Landlord	$728.00

Order

The tenancy of Sabrina Byers-Kite at Unit/Flat Flat 202, 155 Beach Road, Auckland Central, Auckland 1010, The Cube Apartments is terminated, and possession is granted to Edward Robert Meili, at 11.59 am on Friday 3 July 2026.
The Bond Centre is to pay the bond of $2,200.00 (BN-55063577) to Edward Robert Meili immediately.
Sabrina Byers-Kite must pay Edward Robert Meili $728.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, compensation, exemplary damages for breach of the tenant’s obligations, reimbursement of the filing fee and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
The landlord’s applications to terminate the tenancy as a result of having served anti- social behaviour notices and recidivist rent arrears notices are dismissed as the tenancy is a fixed term tenancy. The anti-social behaviour notice and recidivist rent arrears procedures are only available where the tenancy is periodic. This is a fixed term tenancy.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $2,900.00.
The landlord applied for compensation for fines issued by the body corporate to the owner, for breach of the body corporate rules by the tenant. No evidence of the fines being issued by the body corporate and paid by the owner was provided to the Tribunal . The application is dismissed.
Edward Robert Meili claims the tenant has disturbed their neighbours.
A tenant must not cause or permit interference with the reasonable peace, comfort, or privacy of the landlord's other tenants or of anyone else living in the neighbourhood. See section 40(2)(c) Residential Tenancies Act 1986.
Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 40(3A)(d) and Schedule 1A Residential Tenancies Act 1986.
Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
The burden of proving this claim is on the landlord. The Tribunal would generally require supporting evidence of some kind. This might be evidence from the complainant neighbours or CCTV footage. In this case, no direct supporting evidence has been provided by the landlord. I am not satisfied that it is more likely than not that the tenant has breached her obligation under.s40(2)(c) RTA. The claim is dismissed.
As Edward Robert Meili has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 5521731 — Rent arrears at Unit/Flat Flat 202, 155 Beach Road, Auckland Central,

At a glance

Tenancy Tribunal case 5521731 — Rent arrears at Unit/Flat Flat 202, 155 Beach Road, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions