What was the outcome of Tenancy Tribunal case 5284640?

The tribunal order states: Matalena Pologa owes Auckland Property Management Limited, as agent for

How much money was awarded in case 5284640?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,260.00 awarded to landlord; Water Rates: $369.46 awarded to landlord

What type of tenancy dispute was case 5284640?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5284640?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12306578-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5284640?

The tribunal order states: Matalena Pologa owes Auckland Property Management Limited, as agent for

How much money was awarded in case 5284640?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,260.00 awarded to landlord; Water Rates: $369.46 awarded to landlord

What type of tenancy dispute was case 5284640?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5284640?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12306578-Tenancy_Tribunal_Order.pdf.

Flat 1, 111 Sturges Road, Henderson, Auckland 0612 Tenancy Tribunal Case 5284640 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5284640 — net $1,656.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 August 2025	$1,260.00	Rent arrears to 11 August 2025
Water rates as of 28 July 2025	$369.46	Water rates as of 28 July 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,656.46
Total payable by Tenant to Landlord	$1,656.46

Matalena Pologa owes Auckland Property Management Limited, as agent for Wenxin Xu, a total amount of $1,656.46 ("the debt"), which is calculated as follows:

Matalena Pologa must pay both the ongoing rent and the outstanding debt as follows: a. By 13 weekly payments of $750.00, comprised of $630.00 towards rent and $120.00 towards the debt. b. By a final payment of $726.46, comprised of $630.00 for rent and $96.46 towards the remaining debt. c. These payments must be made every Tuesday, with the first payment due no later than 26 August 2025, and continue weekly until the debt is paid in full.

Payments must be allocated in the following order: current rent, then rent arrears, followed by the filing fee.

If the tenant fails to make any rent or arrears payment within two working days of the due date: a. The tenancy at Unit/Flat 1, 111 Sturges Road, Henderson, Auckland 0612 will be terminated immediately, and the landlord will be entitled to possession of the premises. b. The balance of the outstanding debt will become immediately payable in full.

Reasons

The landlord’s application

Both parties attended the hearing.

The landlord applied for termination of the tenancy, recovery of rent arrears, water supply charges, and reimbursement of the filing fee. The tenant attended the hearing and indicated a willingness to repay the debt to avoid immediate termination.

How much does the tenant owe?

The landlord provided rent records that clearly establish the rent arrears amount. The tenant accepted the figures presented.

The landlord also sought reimbursement for outstanding water consumption charges as of 28 July 2025. These were not disputed by the tenant and are also accepted.

Should a conditional termination order be made?

Under sections 55(1)(a) and section 55(1A) of the Residential Tenancies Act 1986, where rent is at least 21 days in arrears on the application date, the Tribunal must make either a final or conditional termination order.

The landlord requested a final termination order on the following grounds: a. There has been a pattern of ongoing rent arrears over the past year, raising concerns about the tenant's ability to consistently meet her obligations. b. The property manager expressed frustration with the tenant's lack of communication and responsiveness, despite multiple attempts to make contact. c. There was little reassurance that the tenant could prevent future arrears from arising.

In response, the tenant: a. Stated that paying the arrears in full now would leave her unable to cover ongoing rent, and she therefore requested time to pay both. b. Referred to significant personal difficulties over the past year that contributed to the arrears. c. Apologised for her lack of communication and acknowledged the impact her conduct had on the landlord. d. Noted that she had otherwise been a good tenant for four years, and that her difficulties were confined to the past year. e. Explained that she is a single mother and is committed to clearing her debt to avoid homelessness for her family.

In making this decision, I am required to apply section 85 of the Act, which requires the Tribunal to resolve disputes in a fair and expeditious manner and according to the substantial merits and justice of the case. While legal rights are relevant, the Tribunal is not bound to apply them rigidly where it would be unjust to do so.

Considering the tenant’s recent willingness to pay (albeit belatedly) and her acknowledgment of responsibility, I am satisfied that she is likely to meet the repayment terms and avoid further breach. I have therefore issued a conditional termination order.

This order will lapse if the tenant complies fully with the repayment terms. If she breaches the order, the landlord may enforce possession within 90 days from the date of the breach, under section 64(4)(b) of the Act.

This decision should not be interpreted as diminishing the landlord’s legitimate frustration or the seriousness of the tenant's past conduct. The tenant should understand that this may be her final opportunity to remedy the situation, and any further non-compliance is unlikely to be tolerated.

Should the landlord be reimbursed for the filing fee?

As Auckland Property Management Limited, acting as agent for Wenxin Xu, has substantially succeeded in its application, the Tribunal orders reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5284640 — net $1,656.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 August 2025	$1,260.00	Rent arrears to 11 August 2025
Water rates as of 28 July 2025	$369.46	Water rates as of 28 July 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,656.46
Total payable by Tenant to Landlord	$1,656.46

Order

Matalena Pologa owes Auckland Property Management Limited, as agent for Wenxin Xu, a total amount of $1,656.46 ("the debt"), which is calculated as follows:
Matalena Pologa must pay both the ongoing rent and the outstanding debt as follows: a. By 13 weekly payments of $750.00, comprised of $630.00 towards rent and $120.00 towards the debt. b. By a final payment of $726.46, comprised of $630.00 for rent and $96.46 towards the remaining debt. c. These payments must be made every Tuesday, with the first payment due no later than 26 August 2025, and continue weekly until the debt is paid in full.
Payments must be allocated in the following order: current rent, then rent arrears, followed by the filing fee.
If the tenant fails to make any rent or arrears payment within two working days of the due date: a. The tenancy at Unit/Flat 1, 111 Sturges Road, Henderson, Auckland 0612 will be terminated immediately, and the landlord will be entitled to possession of the premises. b. The balance of the outstanding debt will become immediately payable in full.

Reasons

The landlord’s application

Both parties attended the hearing.
The landlord applied for termination of the tenancy, recovery of rent arrears, water supply charges, and reimbursement of the filing fee. The tenant attended the hearing and indicated a willingness to repay the debt to avoid immediate termination.

How much does the tenant owe?

The landlord provided rent records that clearly establish the rent arrears amount. The tenant accepted the figures presented.
The landlord also sought reimbursement for outstanding water consumption charges as of 28 July 2025. These were not disputed by the tenant and are also accepted.

Should a conditional termination order be made?

Under sections 55(1)(a) and section 55(1A) of the Residential Tenancies Act 1986, where rent is at least 21 days in arrears on the application date, the Tribunal must make either a final or conditional termination order.
The landlord requested a final termination order on the following grounds: a. There has been a pattern of ongoing rent arrears over the past year, raising concerns about the tenant's ability to consistently meet her obligations. b. The property manager expressed frustration with the tenant's lack of communication and responsiveness, despite multiple attempts to make contact. c. There was little reassurance that the tenant could prevent future arrears from arising.
In response, the tenant: a. Stated that paying the arrears in full now would leave her unable to cover ongoing rent, and she therefore requested time to pay both. b. Referred to significant personal difficulties over the past year that contributed to the arrears. c. Apologised for her lack of communication and acknowledged the impact her conduct had on the landlord. d. Noted that she had otherwise been a good tenant for four years, and that her difficulties were confined to the past year. e. Explained that she is a single mother and is committed to clearing her debt to avoid homelessness for her family.
In making this decision, I am required to apply section 85 of the Act, which requires the Tribunal to resolve disputes in a fair and expeditious manner and according to the substantial merits and justice of the case. While legal rights are relevant, the Tribunal is not bound to apply them rigidly where it would be unjust to do so.
Considering the tenant’s recent willingness to pay (albeit belatedly) and her acknowledgment of responsibility, I am satisfied that she is likely to meet the repayment terms and avoid further breach. I have therefore issued a conditional termination order.
This order will lapse if the tenant complies fully with the repayment terms. If she breaches the order, the landlord may enforce possession within 90 days from the date of the breach, under section 64(4)(b) of the Act.
This decision should not be interpreted as diminishing the landlord’s legitimate frustration or the seriousness of the tenant's past conduct. The tenant should understand that this may be her final opportunity to remedy the situation, and any further non-compliance is unlikely to be tolerated.

Should the landlord be reimbursed for the filing fee?

As Auckland Property Management Limited, acting as agent for Wenxin Xu, has substantially succeeded in its application, the Tribunal orders reimbursement of the filing fee.

Tenancy Tribunal case 5284640 — Rent arrears at Flat 1, 111 Sturges Road, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 5284640 — Rent arrears at Flat 1, 111 Sturges Road, Henderson, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe?

Should a conditional termination order be made?

Should the landlord be reimbursed for the filing fee?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe?

Should a conditional termination order be made?

Should the landlord be reimbursed for the filing fee?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions