Tenantcheck Insights · Case study
Tenancy Tribunal case 5411029 — Rent arrears at 123 Bain Street, Kingswell, Invercargill 9812
Published 16 February 2026 · Application 5411029
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Invercargill
Tribunal region
Adjudicator
S Munro
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,252.29
- Total balance for Tenant to pay Landlord
- $1,252.29
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $1,224.29 | Rent arrears | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,252.29 | ||
| Total payable by Tenant to Landlord | $1,252.29 |
Claims and awards for application 5411029 — net $1,252.29 NZD. Verify on MoJ.
Rent arrears
- Amount
- $1,224.29
- Awarded to
- Landlord
- Reason
- Rent arrears
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,252.29
Total payable by Tenant to Landlord
Landlord $1,252.29
Claim types — money lines allowed on this order
Order
- Shandley Aupouri owes Rent South Limited As Agent For Simon Pearce & Mei Ling Av $1,224.29 for rent arrears and $28.00 for the filing fee, a total of $1252.29 (“the debt”).
- Shandley Aupouri must pay rent and the debt as follows: a. By making weekly payments of $520.00, being $470.00 for rent and $50.00 for the debt. b. Payments will be every Wednesday, with the first payment on 18 th February and continuing until .
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 123 Bain Street, Kingswell, Invercargill 9812 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
- 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. 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. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by falling behind in his rent. He was unemployed for the first time in his career and was unable to meet his rent commitments. He made one lump sum payment on 22 January 2026 leaving a balance of $1090.00. He then continued to pay his weekly rent. On 20 November 2025 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- Because Rent South Limited As Agent For Simon Pearce & Mei Ling Av 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
s55(1), s56(1), s64(4), s78(3)
Key findings
- Dispute theme: rent arrears
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5411029?
The tribunal order states: Shandley Aupouri owes Rent South Limited As Agent For Simon Pearce & Mei
How much money was awarded in case 5411029?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,224.29 awarded to landlord
What type of tenancy dispute was case 5411029?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5411029?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13129469-Tenancy_Tribunal_Order.pdf.