Tenantcheck Insights · Case study
Tenancy Tribunal case 5388762 — Rent arrears at 37A Anthony Crescent, Bader, Hamilton 3206
Published 13 January 2026 · Application 5388762
- Rent arrears
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Hamilton
Tribunal region
Adjudicator
L Ryken
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $10,745.77
- Total balance for Tenant to pay Landlord
- $845.77
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Previous order application 5299908 dated 26/08/2025 | $5,578.00 | Previous order application 5299908 dated 26/08/2025 | |
| Order 5299908 | $714.29 | Order 5299908 | |
| Rent arrears from 3 September 2025 – 5 November 2025 | $245.53 | Rent arrears from 3 September 2025 – 5 November 2025 | |
| Lock/key replacement | $129.95 | Lock/key replacement | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Rent arrears paid by tenant under previous Tribunal | $4,050.00 | Rent arrears paid by tenant under previous Tribunal | |
| Total award | $6,695.77 | $4,050.00 | |
| Net award | $845.77 | ||
| Total payable by Tenant to Landlord | $845.77 |
Claims and awards for application 5388762 — net $845.77 NZD. Verify on MoJ.
Previous order application 5299908 dated 26/08/2025
- Amount
- $5,578.00
- Awarded to
- Landlord
- Reason
- Previous order application 5299908 dated 26/08/2025
Order 5299908
- Amount
- $714.29
- Awarded to
- Landlord
- Reason
- Order 5299908
Rent arrears from 3 September 2025 – 5 November 2025
- Amount
- $245.53
- Awarded to
- Landlord
- Reason
- Rent arrears from 3 September 2025 – 5 November 2025
Lock/key replacement
- Amount
- $129.95
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Rent arrears paid by tenant under previous Tribunal
- Amount
- $4,050.00
- Awarded to
- Tenant
- Reason
- Rent arrears paid by tenant under previous Tribunal
Total award
Landlord $6,695.77 · Tenant $4,050.00
Net award
Landlord $845.77
Total payable by Tenant to Landlord
Landlord $845.77
Claim types — money lines allowed on this order
Order
- The previous Tribunal order application number 5299908 dated 26 August 2025 is incorporated into the terms of this order for enforcement purposes.
- Patricia Penney must pay Online Rentals Limited T/A Ray White Hamilton As Agent For Timothy & Monique Neeson $845.77 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,800.00 (3527667-015) to Online Rentals Limited T/A Ray White Hamilton As Agent For Timothy & Monique Neeson immediately.
Reasons
- The landlord attended the hearing. The tenant did not.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
How much does the tenant owe in rent arrears?
- On 26 August 2025, the Tribunal made an order requiring the tenant to pay the landlord $5,578.00. This included rent arrears of $5,500.00 up to 2 September 2025 and the application fee of $28.00. The landlord submitted a rent summary, which proves the tenant has paid $4,050.00 towards the debt, leaving a balance of $1,528.00 owing.
- The rent summary also proves the tenant has accrued further rent arrears totalling $714.29 from 3 September 2025 – 5 November 2025.
- The Tribunal does not usually incorporate the terms of a previous order into a new order where the previous order is under arrangement however, I have departed from the standard practice in this case. This is because the landlord has submitted clear evidence in the form of a rent summary, which proves the total amount paid by the tenant towards the debt contained in the order dated 26 August 2025. If the terms of the previous order were not incorporated into this order, the bond would be split between the landlord and tenant. This would result in an unjust outcome, because the total amount owed by the tenant exceeds the bond.
- For these reasons, the previous order is incorporated into the terms of this order and the landlord’s claim for rent arrears is granted for $714.29.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy, the tenant must return the keys and remove all rubbish. 1
- The landlord gave evidence that the tenant did not return the keys at the end of the tenancy. I accept the landlord’s evidence. The landlord’s claim for compensation of $129.95 to replace the locks and keys is granted in full. The landlord submitted an invoice for this amount.
- The photographs taken at the end of the tenancy prove the tenant did not remove all rubbish. The rubbish bins are full and excess rubbish has been left outside the premises. The landlord’s claim for compensation of $245.53 for rubbish removal is granted in full. The landlord submitted an invoice for this amount. Filing fee
- Because Online Rentals Limited T/A Ray White Hamilton As Agent For Timothy & Monique Neeson has wholly succeeded with the claim I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1)
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5388762?
The tribunal order states: The previous Tribunal order application number 5299908 dated 26 August 2025
How much money was awarded in case 5388762?
Filing Fee: $28.00 awarded to landlord; Order 5299908: $714.29 awarded to landlord; Previous Order Application 5299908 D…: $5,578.00 awarded to landlord; Property Damage: $129.95 awarded to landlord; Rent Arrears: $245.53 awarded to landlord; Rent Arrears: $4,050.00 awarded to tenant
What type of tenancy dispute was case 5388762?
The primary dispute was Rent arrears. Related themes: Property damage.
Where can I read the official tribunal order for case 5388762?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12959173-Tenancy_Tribunal_Order.pdf.