Tenantcheck Insights · Case study
Tenancy Tribunal case 5422612 — Rent arrears at 7 McCarthy Terrace, Waipukurau 4200
Published 3 March 2026 · Application 5422612
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Waipukurau
Tribunal region
Adjudicator
G Barnett
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $7,170.86
- Bond payment as ordered
- −$2,200.00
- Total balance for Tenant to pay Landlord
- $4,970.86
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 03 March 2026 | $7,142.86 | Rent arrears to 03 March 2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $4,970.86 | ||
| Total payable by Tenant to Landlord | $4,970.86 |
Claims and awards for application 5422612 — net $4,970.86 NZD. Verify on MoJ.
Rent arrears to 03 March 2026
- Amount
- $7,142.86
- Awarded to
- Landlord
- Reason
- Rent arrears to 03 March 2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $4,970.86
Total payable by Tenant to Landlord
Landlord $4,970.86
Claim types — money lines allowed on this order
Order
- The tenancy of Ra Smith at 7 McCarthy Terrace, Waipukurau 4200 is terminated, and possession is granted to Property Brokers Limited Tina Burgers, immediately.
- The Bond Centre is to pay the bond of $2,200.00 (BN-00159051) to Property Brokers Limited Tina Burgers immediately.
- Ra Smith must pay Property Brokers Limited Tina Burgers $4,970.86 immediately, calculated as shown in the table below:
Reasons
- The hearing was conducted by video. Ms Burgers, Property Manager, appeared for the landlord. There was no appearance by the tenant.
- The tenancy commenced on 26 September 2025 and is periodic. On 07 January 2026, the landlord filed a claim for termination of the tenancy for rent arrears of at least 21 days, and that the tenant had failed to remedy 14-day breach notices issued for rent arrears, and other alleged breaches.
- On 22 January 2026, the application was scheduled for hearing today, 03 March 2026. On 20 February 2026, the landlord visited the property to conduct an inspection and discovered that it was completely empty. On 23 February 2026, the landlord filed a separate claim for expedited abandonment. Expedited abandonment is a process under section 91AA of the Residential Tenancies Act 1986 (Act) that allows certain landlord applications for abandonment of premises to be fast-tracked and determined "on the papers," meaning without the need for a hearing.
- On 02 March 2026, the Tribunal dealt with the application on the papers. The Tribunal declined expedited abandonment and rescheduled the matter for full a hearing on 13 March 2026. Upon being advised that the application for expedited abandonment had been declined, the landlord requested that abandonment be added to the application before me today.
- I have discussed the matter with the landlord. While the Tribunal could amend the application to one of abandonment, it would then have to adjourn the application so that the tenant could be properly advised of the claims made. As the actual application for abandonment is separate and has been scheduled for hearing on 13 March 2026, it would not be proper to bring it forward and consider it today without giving the tenant adequate notice. The landlord seeks possession as soon as possible so that they can mitigate any loss. I will deal with the application before me today, unamended, which is for termination and possession for rent arrears of at least 21 days, rent arrears, refund of the bond, and reimbursement of the filing fee.
- The landlord has produced an up-to-date rent summary showing all the rent payments received, together with 14-day breach notices dated: 14 October 2025 (interfering with neighbours’ reasonable peace, comfort, and privacy), 20 October 2025 (rent arrears), 7 January 2026 (rent arrears), 20 January 2026 (failing to maintain grounds), 21 January 2026 (rent arrears), and 21 January 2026 (keeping a dog in breach of agreement). Law
- 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) of the Act.
- 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. See section 56(1) of the Act.
- 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. Analysis and decision
- There is sufficient evidence to establish that the tenant has failed to remedy the 14-day breach notices for rent arrears. There is insufficient evidence to establish that the tenant has necessarily failed to remedy the notices relating to maintenance of the grounds, keeping a dog, or interference with the neighbours.
- The rent summary shows that the tenant was at least 21 days in arrears at the time the application was filed. The rent arrears continue to accrue, with no payments since 17 December 2025.
- Only one statutory ground for termination is required. I am satisfied that the rent was in arrears by at least 21 days at the time the application was filed. Accordingly, the tenancy is terminated, and possession is granted to the landlord immediately. I award the landlord rent arrears to the end of the tenancy.
- The landlord has advised that they intend to withdraw the application scheduled on 13 March 2026, as it is no longer required. Costs
- Because Property Brokers Limited Tina Burgers has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
- Although the landlord is entitled to name suppression, they do not seek it, and no orders are made.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s14, s55(1), s56(1), s91AA
Key findings
- Dispute theme: rent arrears
Property management
- PROPERTY BROKERS LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5422612?
The tribunal order states: The tenancy of Ra Smith at 7 McCarthy Terrace, Waipukurau 4200 is terminated,
How much money was awarded in case 5422612?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $7,142.86 awarded to landlord
What type of tenancy dispute was case 5422612?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5422612?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13221559-Tenancy_Tribunal_Order.pdf.