What was the outcome of Tenancy Tribunal case 5417450?

The tribunal order states: The tenancy of Venessa Minkley at Unit/Flat 1, 19A Crawford Avenue, Mangere

How much money was awarded in case 5417450?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $12,920.00 awarded to landlord; Water Rates: $168.44 awarded to landlord

What type of tenancy dispute was case 5417450?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5417450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12942079-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5417450?

The tribunal order states: The tenancy of Venessa Minkley at Unit/Flat 1, 19A Crawford Avenue, Mangere

How much money was awarded in case 5417450?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $12,920.00 awarded to landlord; Water Rates: $168.44 awarded to landlord

What type of tenancy dispute was case 5417450?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5417450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12942079-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 19A Crawford Avenue, Mangere Bridge, Tenancy Tribunal Case 5417450 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5417450 — net $10,116.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 January 2026	$12,920.00	Rent arrears to 11 January 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Water rates	$168.44	Water rates
Net award	$10,116.44
Total payable by Tenant to Landlord	$10,116.44

The tenancy of Venessa Minkley at Unit/Flat 1, 19A Crawford Avenue, Mangere Bridge, Auckland 2022 is terminated, and possession is granted to Frances Chan, at 11.59pm on Sunday 11 th January 2026.

Venessa Minkley must pay Frances Chan $10,116.44 immediately, being rent arrears to 11 January 2026, water bill and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears to 11 January 2026$12,920.00 Filing fee reimbursement$28.00 Water rates$168.44 Total award$13,116.44 Minus Bond-$3,000.00 Total payable by Tenant to Landlord$10,116.44

The Bond Centre is to pay the bond of $3,000.00 (6436206-002) to Frances Chan immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy, rent arrears, water bills, reimbursement of the filing fee and refund of the bond. Termination:

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The Residential Tenancies Act 1986 provides that a landlord may apply to the Tribunal to terminate a tenancy if the tenant is in significant rent arrears. Under section 55(1)(a) of the Act, the Tribunal must make an order terminating the tenancy if it is satisfied that the tenant is at least 21 days in arrears with the rent, unless the tenant can satisfy the Tribunal that the arrears have been paid or that it would be unjust to terminate the tenancy in the circumstances. Where the arrears are extreme and ongoing, and the tenant has not remedied the breach or provided a satisfactory explanation, termination is generally appropriate to protect the landlord’s interests and ensure compliance with the tenancy agreement

The tenant advised the Tribunal that she has become ill and unable to work, and as a result cannot pay the rent or the rent arrears. The situation is not going to change soon. The tenant has tried numerous avenues to get assistance with the rent arrears, to no avail.

The tenant was also given a 90 days’ notice on 23 September 2025 to terminate the tenancy as the owners were returning from overseas and needed to reside in the home. The final date for the termination was 21 December 2025. The tenant did not move and has remained in the property and the owners are waiting to take possession of the home.

The tenancy is terminated at 11.59pm on Sunday 11 January 2026 and the landlord is granted possession after that date and time. Rent arrears and water bills:

The landlord has applied for rent arrears and water bills and has provided rent records and water invoices which prove the amount owing. The rent arrears as of 11 January 2026 are $12,920.00 and the water bills are $168.44.

I am satisfied that the landlord has proven their claim for the rent arrears and water bills. Filing fee and Bond:

Because Frances Chan has wholly succeeded with the claim I must reimburse the filing fee.

The Bond Centre is to refund the bond to the landlord immediately to offset the debt owed by the tenant to the landlord. Trespass Notice:

The tenant has purported to serve a trespass notice on the landlord. However, a tenant cannot use a trespass notice to prevent a landlord from exercising their lawful rights of entry under the Residential Tenancies Act 1986.

The landlord’s rights of entry are set out in the Act and cannot be overridden by a trespass notice. In this case, the notice was not served properly, and there were no lawful grounds for issuing the trespass notice.

As confirmed in Cosmo Holdings Ltd v Tenant (NZTT 4306601, 4316217), the proper remedy for a tenant concerned about unlawful entry is to apply to the Tribunal for orders or compensation, not to serve a trespass notice. The District Court has also confirmed that rights such as quiet enjoyment are not unfettered and may be subject to reasonable rules and statutory rights (see Body Corporate 182881 v Dixon & Ors [2025] NZDC 7827).

Accordingly, the trespass notice is of no effect.

Claims and awards in Tenancy Tribunal application 5417450 — net $10,116.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 January 2026	$12,920.00	Rent arrears to 11 January 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Water rates	$168.44	Water rates
Net award	$10,116.44
Total payable by Tenant to Landlord	$10,116.44

Order

The tenancy of Venessa Minkley at Unit/Flat 1, 19A Crawford Avenue, Mangere Bridge, Auckland 2022 is terminated, and possession is granted to Frances Chan, at 11.59pm on Sunday 11 th January 2026.
Venessa Minkley must pay Frances Chan $10,116.44 immediately, being rent arrears to 11 January 2026, water bill and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears to 11 January 2026$12,920.00 Filing fee reimbursement$28.00 Water rates$168.44 Total award$13,116.44 Minus Bond-$3,000.00 Total payable by Tenant to Landlord$10,116.44
The Bond Centre is to pay the bond of $3,000.00 (6436206-002) to Frances Chan immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, water bills, reimbursement of the filing fee and refund of the bond. Termination:
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The Residential Tenancies Act 1986 provides that a landlord may apply to the Tribunal to terminate a tenancy if the tenant is in significant rent arrears. Under section 55(1)(a) of the Act, the Tribunal must make an order terminating the tenancy if it is satisfied that the tenant is at least 21 days in arrears with the rent, unless the tenant can satisfy the Tribunal that the arrears have been paid or that it would be unjust to terminate the tenancy in the circumstances. Where the arrears are extreme and ongoing, and the tenant has not remedied the breach or provided a satisfactory explanation, termination is generally appropriate to protect the landlord’s interests and ensure compliance with the tenancy agreement
The tenant advised the Tribunal that she has become ill and unable to work, and as a result cannot pay the rent or the rent arrears. The situation is not going to change soon. The tenant has tried numerous avenues to get assistance with the rent arrears, to no avail.
The tenant was also given a 90 days’ notice on 23 September 2025 to terminate the tenancy as the owners were returning from overseas and needed to reside in the home. The final date for the termination was 21 December 2025. The tenant did not move and has remained in the property and the owners are waiting to take possession of the home.
The tenancy is terminated at 11.59pm on Sunday 11 January 2026 and the landlord is granted possession after that date and time. Rent arrears and water bills:
The landlord has applied for rent arrears and water bills and has provided rent records and water invoices which prove the amount owing. The rent arrears as of 11 January 2026 are $12,920.00 and the water bills are $168.44.
I am satisfied that the landlord has proven their claim for the rent arrears and water bills. Filing fee and Bond:
Because Frances Chan has wholly succeeded with the claim I must reimburse the filing fee.
The Bond Centre is to refund the bond to the landlord immediately to offset the debt owed by the tenant to the landlord. Trespass Notice:
The tenant has purported to serve a trespass notice on the landlord. However, a tenant cannot use a trespass notice to prevent a landlord from exercising their lawful rights of entry under the Residential Tenancies Act 1986.
The landlord’s rights of entry are set out in the Act and cannot be overridden by a trespass notice. In this case, the notice was not served properly, and there were no lawful grounds for issuing the trespass notice.
As confirmed in Cosmo Holdings Ltd v Tenant (NZTT 4306601, 4316217), the proper remedy for a tenant concerned about unlawful entry is to apply to the Tribunal for orders or compensation, not to serve a trespass notice. The District Court has also confirmed that rights such as quiet enjoyment are not unfettered and may be subject to reasonable rules and statutory rights (see Body Corporate 182881 v Dixon & Ors [2025] NZDC 7827).
Accordingly, the trespass notice is of no effect.

Tenancy Tribunal case 5417450 — Rent arrears at Unit/Flat 1, 19A Crawford Avenue, Mangere Bridge,

At a glance

Tenancy Tribunal case 5417450 — Rent arrears at Unit/Flat 1, 19A Crawford Avenue, Mangere Bridge,

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions