What was Tenancy Tribunal case 5568404 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at 51 Border Road, Henderson, Auckland

How much money was awarded in case 5568404?

Filing Fee: $29.00 awarded to landlord; Rent Arrears: $1,599.29 awarded to landlord

What type of tenancy dispute was case 5568404?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5568404?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14161232-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5568404 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at 51 Border Road, Henderson, Auckland

How much money was awarded in case 5568404?

Filing Fee: $29.00 awarded to landlord; Rent Arrears: $1,599.29 awarded to landlord

What type of tenancy dispute was case 5568404?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5568404?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14161232-Tenancy_Tribunal_Order.pdf.

51 Border Road, Henderson, Auckland 0612 Tenancy Tribunal Case 5568404 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5568404 — net $1,628.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6/9/26	$1,599.29	Rent arrears to 6/9/26
Filing fee reimbursement	$29.00	Filing fee reimbursement
Net award	$1,628.29
Total payable by Tenant to Landlord	$1,628.29

The tenancy of [The tenant/s] tenant/s] at 51 Border Road, Henderson, Auckland 0612 is terminated, and possession is granted to A Cube Rentals Limited As Agent For Grow Reality Ltd, at 11.59pm on Sunday 6 September 2026.

A Cube Rentals Limited As Agent For Grow Reality Ltd presently hold the tenants bond of $2,720. $1628.29 of the bond is to be applied and retained by the landlord to satisfy the debt as shown in the table below.

A Cube Rentals Limited As Agent For Grow Reality Ltd must lodge the remaining $1,091.71 of the bond with the Bond Centre immediately.

Reasons

Only the landlord attended the hearing that took place remotely.

I am satisfied that the tenant has been served and so the hearing proceeded in her absence. I telephoned her twice, but she did not answer or join the hearing using the information provided.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and the filing fee.

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 by falling into, and then not clearing her rent arrears. The landlord served a 14-day notice on the tenant on 17 August 2026 and the tenant did not remedy the breach within the required period.

The rent arrears are presently $1,307.86 (to 3/9/26). This is just over 14 days in arrears.

It would be inequitable to refuse to terminate the tenancy because: a. The tenancy is very new (having started in mid-July) but rent payments have not been regular in amount or frequency; b. The landlord says that the tenant has not paid any sums for water rates since the tenancy has started thereby increasing her potential debt to the landlord; c. I am satisfied that the tenant has, during the tenancy, kept a dog at the premises without the landlord’s consent in breach of section 42C RTA and that the dog has caused a nuisance in the neighbourhood with barking as this is evidenced by very strongly worded text messages sent to the property manager from neighbours both before and during the validity of a 14 day notice sent to the tenant about this; d. There have also been noise complaints about the tenant’s music causing neighbours to complain very late at night (3am); e. Although it is not sufficiently proven whether the tenant has now removed the dog or whether there have been additional disturbances after the 14 day notice period I accept that this conduct combined with the rent arrears highlights a concern about the sustainability of the tenancy.

The tenancy is terminated on Sunday 6 September because the landlord as willing to afford the tenant a short time to vacate. Rent arrears have been ordered to this date.

Because A Cube Rentals Limited As Agent For Grow Reality Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5568404 — net $1,628.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6/9/26	$1,599.29	Rent arrears to 6/9/26
Filing fee reimbursement	$29.00	Filing fee reimbursement
Net award	$1,628.29
Total payable by Tenant to Landlord	$1,628.29

Order

The tenancy of [The tenant/s] tenant/s] at 51 Border Road, Henderson, Auckland 0612 is terminated, and possession is granted to A Cube Rentals Limited As Agent For Grow Reality Ltd, at 11.59pm on Sunday 6 September 2026.
A Cube Rentals Limited As Agent For Grow Reality Ltd presently hold the tenants bond of $2,720. $1628.29 of the bond is to be applied and retained by the landlord to satisfy the debt as shown in the table below.
A Cube Rentals Limited As Agent For Grow Reality Ltd must lodge the remaining $1,091.71 of the bond with the Bond Centre immediately.

Reasons

Only the landlord attended the hearing that took place remotely.
I am satisfied that the tenant has been served and so the hearing proceeded in her absence. I telephoned her twice, but she did not answer or join the hearing using the information provided.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and the filing fee.

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 by falling into, and then not clearing her rent arrears. The landlord served a 14-day notice on the tenant on 17 August 2026 and the tenant did not remedy the breach within the required period.
The rent arrears are presently $1,307.86 (to 3/9/26). This is just over 14 days in arrears.
It would be inequitable to refuse to terminate the tenancy because: a. The tenancy is very new (having started in mid-July) but rent payments have not been regular in amount or frequency; b. The landlord says that the tenant has not paid any sums for water rates since the tenancy has started thereby increasing her potential debt to the landlord; c. I am satisfied that the tenant has, during the tenancy, kept a dog at the premises without the landlord’s consent in breach of section 42C RTA and that the dog has caused a nuisance in the neighbourhood with barking as this is evidenced by very strongly worded text messages sent to the property manager from neighbours both before and during the validity of a 14 day notice sent to the tenant about this; d. There have also been noise complaints about the tenant’s music causing neighbours to complain very late at night (3am); e. Although it is not sufficiently proven whether the tenant has now removed the dog or whether there have been additional disturbances after the 14 day notice period I accept that this conduct combined with the rent arrears highlights a concern about the sustainability of the tenancy.
The tenancy is terminated on Sunday 6 September because the landlord as willing to afford the tenant a short time to vacate. Rent arrears have been ordered to this date.
Because A Cube Rentals Limited As Agent For Grow Reality Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5568404 — Rent arrears at 51 Border Road, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 5568404 — Rent arrears at 51 Border Road, Henderson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.