What was Tenancy Tribunal case 5536597 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at 13A Waller Avenue, Bucklands Beach,

How much money was awarded in case 5536597?

Trustees Of Nicola Mouncey Family Tr…: $29.00 awarded to landlord

What type of tenancy dispute was case 5536597?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5536597?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14001296-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5536597 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at 13A Waller Avenue, Bucklands Beach,

How much money was awarded in case 5536597?

Trustees Of Nicola Mouncey Family Tr…: $29.00 awarded to landlord

What type of tenancy dispute was case 5536597?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5536597?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14001296-Tenancy_Tribunal_Order.pdf.

13A Waller Avenue, Bucklands Beach, Auckland 2012 Tenancy Tribunal Case 5536597 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5536597. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Trustees Of Nicola Mouncey Family Trust	$29.00		Trustees Of Nicola Mouncey Family Trust

The tenancy of [The tenant/s] tenant/s] at 13A Waller Avenue, Bucklands Beach, Auckland 2012 is terminated, and possession is granted to Five Am Property Management Limited As Agent For Nicola Anne Mouncey, [The tenant/s] landlord/s] And Michelle Donovan As Trustees Of Nicola Mouncey Family Trust, at 11:59pm on Wednesday, 26 August 2026.

[The tenant/s] tenant/s] must pay Five Am Property Management Limited As Agent For Nicola Anne Mouncey, [The tenant/s] landlord/s] And Michelle Donovan As Trustees Of Nicola Mouncey Family Trust $29.00 immediately, being the filing fee on this application.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy and rent arrears.

The rent was more than 21 days in arrears at the date of the application. The arrears were up to 35 days (five weeks) in arrears but were paid in full on 20 July. The rent has been kept up to date since then.

Where rent is at least 21 days in arrears at the date of the application, the Tribunal must terminate the tenancy. See s55 Residential Tenancies Act (RTA).

Even though the rent has been brought up to date, the Tribunal has very limited jurisdiction to refuse termination. I can only refuse to terminate if I am satisfied that the rent has been brought up to date, the landlord has been compensated for any loss arising from the late rent payments and the tenant is unlikely to fall into arrears again. See s55(2) RTA. 1

The property manager understood that her principal has incurred mortgage penalties as a result of the late rent payments, but she did not have any evidence of the penalties.

Based on the evidence before me, I cannot be satisfied that a further breach is unlikely. The tenant was vague about her household income, and there was no evidence of payslips or other income which would allow me to confidently assess whether rent of $1,000 per week is affordable. Based on the rent summary from the start of this tenancy (in April 2026), I am inclined to accept the landlord’s submission that the rent is not affordable and rent is likely to fall into arrears again.

In the circumstances, I must terminate the tenancy. As rent is currently up to date, I have allowed the tenant three weeks to find another home. They must pay current rent until the end of the tenancy. The tenancy will end at 11:59pm on Wednesday, 26 August 2026.

As the landlord was the successful party, I also award reimbursement of the Tribunal application fee.

Order

Claims and awards in Tenancy Tribunal application 5536597. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Trustees Of Nicola Mouncey Family Trust	$29.00		Trustees Of Nicola Mouncey Family Trust

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy and rent arrears.

Where rent is at least 21 days in arrears at the date of the application, the Tribunal must terminate the tenancy. See s55 Residential Tenancies Act (RTA).

The property manager understood that her principal has incurred mortgage penalties as a result of the late rent payments, but she did not have any evidence of the penalties.

As the landlord was the successful party, I also award reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5536597 — Rent arrears at 13A Waller Avenue, Bucklands Beach, Auckland 2012

At a glance

Tenancy Tribunal case 5536597 — Rent arrears at 13A Waller Avenue, Bucklands Beach, Auckland 2012

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.