Tenantcheck Insights · Case study
Tenancy Tribunal case 5434011 — Rent arrears at 540 Burnside Road, Makarau, RD 3, Warkworth 0873
Published 22 April 2026 · Application 5434011
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Warkworth
Tribunal region
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $10,310.65
- Total balance for Tenant to pay Landlord
- $10,310.65
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 08/05/2026 | $10,175.00 | Rent arrears to 08/05/2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Rubbish bin fee | $107.65 | Rubbish bin fee | |
| Net award | $10,310.65 | ||
| Total payable by Tenant to Landlord | $10,310.65 |
Claims and awards for application 5434011 — net $10,310.65 NZD. Verify on MoJ.
Rent arrears to 08/05/2026
- Amount
- $10,175.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 08/05/2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Rubbish bin fee
- Amount
- $107.65
- Awarded to
- Landlord
- Reason
- Rubbish bin fee
Net award
Landlord $10,310.65
Total payable by Tenant to Landlord
Landlord $10,310.65
Claim types — money lines allowed on this order
Order
- The tenancy of Jason Whear and Amy Buttery at 540 Burnside Road, Makarau, RD 3, Warkworth 0873 is terminated, and possession is granted to Mackys Real Estate Limited T/A Bayleys In The North, at 11:59 on Friday 8 May 2026.
- Jason Whear and Amy Buttery owe Mackys Real Estate Limited T/A Bayleys In The North $10,310.65, calculated as shown in the table below:
- Jason Whear and Amy Buttery will make the following payments to Mackys Real Estate Limited T/A Bayleys In The North towards the debt in order 2: a. $2200.00 on Wednesday 22 April 2026 b. $$3300.00 on Wednesday 29 April 2026 c. $4810.65 on Friday 8 May 2026
- If the tenant make the payments specified in order 4a and 4b: a. The tenancy at 540 Burnside Road, Makarau, RD 3, Warkworth 0873 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to make the payment specified in order 4c within 2 working days of the due date, the amount will be payable immediately.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears, a rubbish bin fee and the filing fee.
- 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 landlord provided rent records which prove the amount owing to the 24 th of April 2026. They tell me they have received an additional payment of $2200.00 not reflected in the rent summary. I have deducted this amount and added a further two weeks rent to the total to reflect the amount owing to the end of the tenancy.
- The applicant is also seeking a rubbish fee incurred because of a tenant request to the local council for a larger bin. The respondent consents to this cost.
- 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) Residential Tenancies Act 1986.
- The tenants have told me they are able to make the two payments specified in orders 4a and 4b. The two additional weeks this gives the tenants in the tenancy is within the range of what the tribunal would usually consider when determining the date of termination under section 55. It also improves the landlords position. I have therefore made a conditional termination order on these promised payments and made a final termination order for the 8 th of May 2026.
- Because the applicant has been wholly successful in their application I have awarded the application filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s4a, s55, s55(1)
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 5434011?
The tribunal order states: The tenancy of Jason Whear and Amy Buttery at 540 Burnside Road, Makarau,
How much money was awarded in case 5434011?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $10,175.00 awarded to landlord; Rubbish Bin Fee: $107.65 awarded to landlord
What type of tenancy dispute was case 5434011?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5434011?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13487495-Tenancy_Tribunal_Order.pdf.