Tenantcheck Insights · Case study
Tenancy Tribunal case 5426421 — Rent arrears at 2 Cosmo Place, Otara, Auckland 2023
Published 13 April 2026 · Application 5426421
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
N Bradley
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,040.27
- Bond payment as ordered
- −$2,300.00
- Total balance for Tenant to pay Landlord
- $740.27
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 15.4.26 | $2,618.14 | Rent arrears to 15.4.26 | |
| Water rates: 3/12/25 - by consent | $127.47 | Water rates: 3/12/25 - by consent | |
| Water rates: 9/1/26 - by consent | $111.20 | Water rates: 9/1/26 - by consent | |
| Water rates: 4/2/26 - by consent | $84.07 | Water rates: 4/2/26 - by consent | |
| Water rates: 6/3/26 - by consent | $71.39 | Water rates: 6/3/26 - by consent | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $740.27 | ||
| Total payable by Tenant to Landlord | $740.27 |
Claims and awards for application 5426421 — net $740.27 NZD. Verify on MoJ.
Rent arrears to 15.4.26
- Amount
- $2,618.14
- Awarded to
- Landlord
- Reason
- Rent arrears to 15.4.26
Water rates: 3/12/25 - by consent
- Amount
- $127.47
- Awarded to
- Landlord
- Reason
- Water rates: 3/12/25 - by consent
Water rates: 9/1/26 - by consent
- Amount
- $111.20
- Awarded to
- Landlord
- Reason
- Water rates: 9/1/26 - by consent
Water rates: 4/2/26 - by consent
- Amount
- $84.07
- Awarded to
- Landlord
- Reason
- Water rates: 4/2/26 - by consent
Water rates: 6/3/26 - by consent
- Amount
- $71.39
- Awarded to
- Landlord
- Reason
- Water rates: 6/3/26 - by consent
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $740.27
Total payable by Tenant to Landlord
Landlord $740.27
Claim types — money lines allowed on this order
Order
- The tenancy of Seleni Misa and Ivi Via Belford at 2 Cosmo Place, Otara, Auckland 2023 is terminated, and possession is granted to Baseden Property Management Limited As Agent For Sui Fong Wong, at 11.59pm on Wednesday 15 April 2026.
- The Bond Centre is to pay the bond of $2,300.00 (BN-10003154) to Baseden Property Management Limited As Agent For Sui Fong Wong immediately.
- Seleni Misa and Ivi Via Belford must pay Baseden Property Management Limited As Agent For Sui Fong Wong $740.27 immediately, calculated as shown in the table below:
Reasons
- Both parties attended the hearing. Ms Misa attended on behalf of both tenants.
- The landlord has applied for a. termination of the tenancy, b. rent arrears, c. water rates, d. payment of the bond and e. reimbursement of the filing fee. Termination
- 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. 1
- 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.
- The tenant breached their obligations by failing to pay the rent as and when it is due and payable under the tenancy agreement. 2 The landlord served a notice to remedy a breach on the tenant on 18 December 2025. The tenant did not remedy the breach. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. 3
- Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated
How much is owed for rent?
- The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 4 The landlord provided rent records which prove the amount owing as at the hearing date and I have made an order for rent arrears and rent to the termination date.
How much is owed for water rates?
- The tenant is responsible for water consumption charges. 5 The landlord provided water rates invoices and a statement to prove the amounts owing which were undisputed. 1 See section 56(1) RTA. 2 See section 40 (1) (a) RTA 3 See sections 55 and 56(2) RTA 4 See section 40 (1)(a) of the RTA. 5 See section 39 RTA. Bond
- The bond is to be paid to the landlord immediately to offset the amounts ordered Filing fee
- Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Suppression
- The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 6
- The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published and may attach any conditions to that order the Tribunal considers appropriate. 7
- The landlord did not apply for name suppression.
- The tenant applied for name suppression, however given the level of rent arrears, I consider the public interest outweighs the tenant’s interest in name suppression. Name suppression for the tenant is declined.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s39, s40, s55, s56(1), s95A
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 5426421?
The tribunal order states: The tenancy of Seleni Misa and Ivi Via Belford at 2 Cosmo Place, Otara,
How much money was awarded in case 5426421?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,618.14 awarded to landlord; Water Rates: $127.47 awarded to landlord; Water Rates: $84.07 awarded to landlord; Water Rates: $71.39 awarded to landlord; Water Rates: $111.20 awarded to landlord
What type of tenancy dispute was case 5426421?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5426421?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13432468-Tenancy_Tribunal_Order.pdf.