Tenantcheck Insights · Case study

Tenancy Tribunal case 5362066 — Rent arrears at 305 Shakespeare Street, Leamington, Cambridge 3432

Published 24 March 2026 · Application 5362066

Dismissed

Rent arrears
14-day notice

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Outcome

Dismissed

From published order

Location

Cambridge

Tribunal region

Adjudicator

G Barnett

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 application is dismissed.

Reasons

The tenant appeared. Mr Morton appeared for the landlord.
On 09 October 2025, the tenant filed a claim for travel costs. The claim has been made on the basis that the landlord has committed fraud, by producing false documents, and had also prevented the tenant from attending a Tribunal hearing.
The tenancy commenced on 01 July 2022 and was periodic. On 13 September 2023, the landlord filed a claim that the tenant had failed to remedy a 14 day notice to remove a rooster from the property. That matter was scheduled but was resolved and withdrawn prior to hearing.
On 13 February 2024, the landlord served a 90-day notice terminating the tenancy on 12 May 2024 on the basis that they intended to sell the property. The tenant did not vacate the property, and on 13 May 2024 applied for possession. The application was scheduled for hearing on 30 May 2024.
Separately, on 12 April 2024, the landlord applied for termination for rent arrears. On 23 May 2024, the Tribunal terminated the tenancy effective 30 May 2024 and awarded rent arrears. The tenant did not attend the hearing.
On 27 May 2025, the tenant applied for a rehearing and stay. The application for rehearing was granted on the papers, a stay is not recorded.
On 30 May 2024, both parties appeared for the landlord’s possession claim filed 13 May 2024. The Tribunal granted the landlord possession effective 09 June 2024. It does not appear that the Tribunal was aware of the application for termination for rent arrears and the rehearing, which had been granted but not yet scheduled.
The possession order was not challenged by the tenant, no application for rehearing was made or appeal lodged.
On or about 09 June 2024, the tenant vacated the property and possession passed to the landlord.
On 25 June 2024, the rehearing, granted 27 May 2024, was scheduled for hearing on 11 July 2024 and a notice of hearing sent to the parties. On the same date, a letter was sent to the tenant stating that their application had been withdrawn cancelling the rehearing.
The tenant had not withdrawn their application.
It appears that, upon receiving the notice of hearing, the landlord may have advised the Registry that, as possession had already been obtained, they no longer sought termination for rent arrears. This appears to have led to some confusion regarding the status of the rehearing application.
The tenant subsequently visited the Registry in November 2024, December 2024, and January 2025 seeking clarification.
On 09 January 2025, the error was discovered and the rehearing of the termination and rent arrears matter was scheduled for 24 January 2025.
On 24 January 2025, the tenant did not appear. The Tribunal proceeded to rehear the landlord’s claim for rent arrears. The issue of termination was not addressed, as the landlord already had possession.
Although the tenant is disputing the finding of rent arrears, they did not seek a rehearing nor lodge an appeal.
On 09 October 2025, the tenant filed their present claim. Law
Under section 102(2) of the Residential Tenancies Act 1986 (Act), in addition to damages, the Tribunal can award a successful party to proceedings costs.
Section 80 of the Act states: 80 Orders of the Tribunal to be final Subject to sections 105 and 117 to 120, every order made by the Tribunal shall, unless it is expressed to be an interim order made under section 79, be final and binding on all parties to the proceedings.
Section 80 of the Act confirms the common law doctrine of res judicata, which prevents a party re litigating a matter already decided by the Court. Analysis and decision
In each substantive claim made by the landlord, the tenant has been an unsuccessful party. They did not seek a rehearing (section 105) or appeal (sections 117 – 120) in respect of the possession order made on 30 May 2024. They also did not attend the rehearing on 24 January 2025, nor did they seek a rehearing or lodge an appeal. They now essentially seek to relitigate the matters.
Once the Tribunal has determined a matter, it cannot be reheard unless there is a rehearing granted, or an appeal is successful, and the matter (in whole or in part), is referred back by the Court.
The tenant’s present application does not raise any claim within the Tribunal’s jurisdiction.
While there appears to have been a procedural scheduling error, this was subsequently identified and corrected, with notices of hearing sent to the parties on 9 January 2025.
There is insufficient evidence that the landlord engaged in any conduct intended to prevent the tenant from attending the hearing on 24 January 2025 or that would amount to a breach of the Act.
If the tenant did not receive the notice of hearing, or has another explanation for not attending, they may consider applying for a rehearing under section 105 of the Act. However, the Tribunal cannot advise on the merits of such an application.
The application is dismissed.
Name suppression is not sought by either party and no orders are made.

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

Rent arrears 14-day notice Cambridge

Residential Tenancies Act sections

s102(2), s105, s117, s79, s80

Key findings

Dispute theme: rent arrears
Dispute theme: termination 14day

Property management

KEVIN DEANE REAL ESTATE LIMITED C/o Harcourts as agent for Juliette Drysdale (respondent)

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was the outcome of Tenancy Tribunal case 5362066?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5362066?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5362066?

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

Where can I read the official tribunal order for case 5362066?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13327177-Tenancy_Tribunal_Order.pdf.

Reasons

The tenant appeared. Mr Morton appeared for the landlord.

On 09 October 2025, the tenant filed a claim for travel costs. The claim has been made on the basis that the landlord has committed fraud, by producing false documents, and had also prevented the tenant from attending a Tribunal hearing.

The tenancy commenced on 01 July 2022 and was periodic. On 13 September 2023, the landlord filed a claim that the tenant had failed to remedy a 14 day notice to remove a rooster from the property. That matter was scheduled but was resolved and withdrawn prior to hearing.

On 13 February 2024, the landlord served a 90-day notice terminating the tenancy on 12 May 2024 on the basis that they intended to sell the property. The tenant did not vacate the property, and on 13 May 2024 applied for possession. The application was scheduled for hearing on 30 May 2024.

Separately, on 12 April 2024, the landlord applied for termination for rent arrears. On 23 May 2024, the Tribunal terminated the tenancy effective 30 May 2024 and awarded rent arrears. The tenant did not attend the hearing.

On 27 May 2025, the tenant applied for a rehearing and stay. The application for rehearing was granted on the papers, a stay is not recorded.

On 30 May 2024, both parties appeared for the landlord’s possession claim filed 13 May 2024. The Tribunal granted the landlord possession effective 09 June 2024. It does not appear that the Tribunal was aware of the application for termination for rent arrears and the rehearing, which had been granted but not yet scheduled.

The possession order was not challenged by the tenant, no application for rehearing was made or appeal lodged.

On or about 09 June 2024, the tenant vacated the property and possession passed to the landlord.

On 25 June 2024, the rehearing, granted 27 May 2024, was scheduled for hearing on 11 July 2024 and a notice of hearing sent to the parties. On the same date, a letter was sent to the tenant stating that their application had been withdrawn cancelling the rehearing.

The tenant had not withdrawn their application.

It appears that, upon receiving the notice of hearing, the landlord may have advised the Registry that, as possession had already been obtained, they no longer sought termination for rent arrears. This appears to have led to some confusion regarding the status of the rehearing application.

The tenant subsequently visited the Registry in November 2024, December 2024, and January 2025 seeking clarification.

On 09 January 2025, the error was discovered and the rehearing of the termination and rent arrears matter was scheduled for 24 January 2025.

On 24 January 2025, the tenant did not appear. The Tribunal proceeded to rehear the landlord’s claim for rent arrears. The issue of termination was not addressed, as the landlord already had possession.

Although the tenant is disputing the finding of rent arrears, they did not seek a rehearing nor lodge an appeal.

On 09 October 2025, the tenant filed their present claim. Law

Under section 102(2) of the Residential Tenancies Act 1986 (Act), in addition to damages, the Tribunal can award a successful party to proceedings costs.

Section 80 of the Act states: 80 Orders of the Tribunal to be final Subject to sections 105 and 117 to 120, every order made by the Tribunal shall, unless it is expressed to be an interim order made under section 79, be final and binding on all parties to the proceedings.

Section 80 of the Act confirms the common law doctrine of res judicata, which prevents a party re litigating a matter already decided by the Court. Analysis and decision

In each substantive claim made by the landlord, the tenant has been an unsuccessful party. They did not seek a rehearing (section 105) or appeal (sections 117 – 120) in respect of the possession order made on 30 May 2024. They also did not attend the rehearing on 24 January 2025, nor did they seek a rehearing or lodge an appeal. They now essentially seek to relitigate the matters.

Once the Tribunal has determined a matter, it cannot be reheard unless there is a rehearing granted, or an appeal is successful, and the matter (in whole or in part), is referred back by the Court.

The tenant’s present application does not raise any claim within the Tribunal’s jurisdiction.

While there appears to have been a procedural scheduling error, this was subsequently identified and corrected, with notices of hearing sent to the parties on 9 January 2025.

There is insufficient evidence that the landlord engaged in any conduct intended to prevent the tenant from attending the hearing on 24 January 2025 or that would amount to a breach of the Act.

If the tenant did not receive the notice of hearing, or has another explanation for not attending, they may consider applying for a rehearing under section 105 of the Act. However, the Tribunal cannot advise on the merits of such an application.

The application is dismissed.

Name suppression is not sought by either party and no orders are made.