Tenantcheck Insights · Case study
Tenancy Tribunal case 5418971 — Rent arrears at Unit/Flat Unit 314, 75 Fourth Avenue, Tauranga, Tauranga
Published 12 March 2026 · Application 5418971
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Tauranga
Tribunal region
Adjudicator
J Setefano
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $10,106.64
- Bond payment as ordered
- −$2,560.00
- Total balance for Tenant to pay Landlord
- $7,546.64
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 12/03/2026 | $9,920.00 | Rent arrears to 12/03/2026 | |
| Water rates | $158.64 | Water rates | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $7,546.64 | ||
| Total payable by Tenant to Landlord | $7,546.64 |
Claims and awards for application 5418971 — net $7,546.64 NZD. Verify on MoJ.
Rent arrears to 12/03/2026
- Amount
- $9,920.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 12/03/2026
Water rates
- Amount
- $158.64
- Awarded to
- Landlord
- Reason
- Water rates
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $7,546.64
Total payable by Tenant to Landlord
Landlord $7,546.64
Claim types — money lines allowed on this order
Order
- The tenancy of Jamahl Tioko Ellis-Kuka at Unit/Flat Unit 314, 75 Fourth Avenue, Tauranga, Tauranga 3110 is terminated, and possession is granted to Behome Realty Limited, at 11.59pm on Thursday 12 March 2026.
- Jamahl Tioko Ellis-Kuka must pay Behome Realty Limited $7,546.64 immediately, calculated as shown in the table below:
- The Bond Centre is to pay the bond of $2,560.00 (BN-00126296) to Behome Realty Limited immediately.
Reasons
- This is the landlord’s application for termination of the tenancy and recovery of rent arrears and water charges. The landlord seeks termination of the tenancy under section 55(1)(a) of the Residential Tenancies Act 1986 (the Act) on the basis that the tenant was in significant rent arrears at the time the application was filed.
- A hearing was held by video conference. The landlord attended the hearing. The tenant did not attend. Proceeding in the Tenant’s Absence
- Prior to the hearing the tenant contacted the Tribunal requesting an adjournment due to a family emergency. The Tribunal acknowledges that the tenant may have been experiencing difficult personal circumstances. However, the Tribunal must also consider the nature of the proceedings and the interests of justice, including the prejudice to the landlord caused by further delay.
- This application concerns significant rent arrears and a request for termination of the tenancy. The evidence before the Tribunal shows that rent arrears continued to increase substantially after the application was filed. In those circumstances, further delay would be prejudicial to the landlord. The tenant had notice of the hearing and the opportunity to participate.
- In the absence of the tenant and with no further supporting information provided for the adjournment request, I was satisfied it was appropriate to proceed with the hearing in the tenant’s absence. Background
- The tenancy commenced on 15 July 2025. The weekly rent is $640 and the bond is $2,560.
- The landlord filed the present application on 21 December 2025 seeking termination of the tenancy and recovery of rent arrears and water charges. At the time the application was filed, the landlord’s rent summary recorded rent arrears of $2,560.
- By the date of the hearing, the landlord’s updated rent records show that arrears had increased to $9,920. The landlord also seeks recovery of unpaid water charges of $158.64.
- The landlord produced a rent ledger and supporting records. I am satisfied on the evidence provided that the amounts claimed are established. Termination of the Tenancy
- Section 40(1)(a) of the Act requires tenants to pay rent when it becomes due.
- Section 55(1)(a) of the Act provides that the Tribunal must make an order terminating the tenancy if, on the date the landlord filed the application, the tenant was in arrears with rent by an amount equal to or greater than 21 days’ rent.
- The evidence shows that when the application was filed on 21 December 2025, rent arrears of $2,560 were owing. Given the weekly rent of $640, the tenant was four weeks in arrears at that time. The statutory threshold of at least 21 days’ rent arrears under section 55(1)(a) was therefore clearly met.
- I am satisfied that the landlord has proved that rent was at least 21 days in arrears at the time the application was filed. Section 55 requires the Tribunal to terminate the tenancy in those circumstances.
- The evidence further shows that the tenant has continued to fall further behind in rent payments. Rent arrears have increased significantly since the filing of the application and now total $9,920. This confirms that the tenancy is no longer sustainable.
- Accordingly, I am satisfied the requirements of section 55(1)(a) of the Act are met and the tenancy must be terminated. Termination is therefore ordered with immediate effect. Rent Arrears
- Under section 40(1)(a) of the Act, tenants must pay rent when it is due. Where rent remains unpaid, the landlord is entitled to recover the arrears through the Tribunal.
- The landlord’s rent ledger shows rent arrears of $9,920 as at the date of the hearing. I accept the landlord’s evidence and find that the tenant is liable for that amount. Water Charges
- The landlord also claims unpaid water charges of $158.64.
- Under section 39 of the Act, tenants are responsible for water charges relating to their consumption where the premises are separately metered. The landlord has produced evidence of the outstanding charges.
- In the absence of any evidence from the tenant disputing the charges, I am satisfied that the water charges claimed are properly payable by the tenant. Filing fee
- As the landlord 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
s16, s18, s39, s40(1), s55, s55(1)
Key findings
- Dispute theme: rent arrears
Property management
- BEHOME REALTY LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5418971?
The tribunal order states: The tenancy of Jamahl Tioko Ellis-Kuka at Unit/Flat Unit 314, 75 Fourth Avenue,
How much money was awarded in case 5418971?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $9,920.00 awarded to landlord; Water Rates: $158.64 awarded to landlord
What type of tenancy dispute was case 5418971?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5418971?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13278328-Tenancy_Tribunal_Order.pdf.