Tenantcheck Insights · Case study
Tenancy Tribunal case 5419952 — Rent arrears at 34 Noel Street, Leamington, Cambridge 3432
Published 17 March 2026 · Application 5419952
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Cambridge
Tribunal region
Adjudicator
M Feist
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $708.00
- Total balance for Tenant to pay Landlord
- $708.00
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 5 December 2025 | $680.00 | Rent arrears (to 5 December 2025 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $708.00 | ||
| Total payable by Tenant to Landlord | $708.00 |
Claims and awards for application 5419952 — net $708.00 NZD. Verify on MoJ.
Rent arrears (to 5 December 2025
- Amount
- $680.00
- Awarded to
- Landlord
- Reason
- Rent arrears (to 5 December 2025
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $708.00
Total payable by Tenant to Landlord
Landlord $708.00
Dismissed claims
- Other Claims — All other claims dismissed
Claim types — money lines allowed on this order
Order
- Sara- Kay Lewis must pay Kevin Deane Real Estate (Cambridge) Limited As Agent For Colin Cameron $0.00 immediately, being rent arrears to 5 December 2025.
- The Bond Centre is to pay $708.00 from the bond of $2,280.00 (5020988-004) to Kevin Deane Real Estate (Cambridge) Limited As Agent For Colin Cameron immediately.
- The balance of the bond of $1,572.00 is to remain at the Bond Centre.
- All other claims are dismissed.
Reasons
- On 13 November 2025, the tenant filed an application seeking compensation, exemplary damages, and reimbursement of the filing fee.
- On 23 December 2025, the landlord filed an application seeking rent arrears, refund of the bond and reimbursement of the filing fee.
- The hearing proceeded in person. Mr Michael Morton, Property Manager, appeared for the landlord. The tenant did not appear. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence. Relevant legal considerations
- The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).
- With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
- That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
- This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
- As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence. History of the tenancy
- The tenancy commenced on 4 November 2022 and was periodic.
- The tenant gave notice terminating the tenancy. The tenancy ended on 5 December 2025. Landlord’s claims
- At the hearing, the landlord sought to amend their application to include a claim for compensation.
- Section 91(2) of the Residential Tenancies Act 1986 and the principles of fairness and natural justice apply. Parties must be fairly informed of the matters to be determined by the Tribunal. The notice of hearing identified the landlord’s claims as being rent arrears, refund of the bond and reimbursement of the filing fee. The tenant has not been fairly informed of the landlord’s intention to seek compensation. The application to amend the claim was declined.
- The landlord advised the Tribunal they will be filing a separate claim for compensation and the amount of $596.55 should be held in dispute by the Bond Centre.
How much is owed at the end of the tenancy?
- The landlord provided up to date rent records which prove the amount owing at the end of the tenancy totalled $680.00. The amount claimed is ordered. Tenant’s claims
- As the tenant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled, their application was dismissed. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986. Other matters
- Because Kevin Deane Real Estate (Cambridge) Limited As Agent For Colin Cameron has wholly succeeded with the claim I must reimburse the filing fee.
- Despite being wholly successful the landlord did not seek name suppression.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s11, s15, s16, s4, s78(1), s91(2)
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 5419952?
The tribunal order states: Sara- Kay Lewis must pay Kevin Deane Real Estate (Cambridge) Limited As
How much money was awarded in case 5419952?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $680.00 awarded to landlord
What type of tenancy dispute was case 5419952?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5419952?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13297017-Tenancy_Tribunal_Order.pdf.