What was the outcome of Tenancy Tribunal case 5434188?

The tribunal order states: The tenancy of Timothy Andrews and Shawnte Graham at 37F Flanshaw Road,

How much money was awarded in case 5434188?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,873.57 awarded to landlord; Water Rates: $380.13 awarded to landlord

What type of tenancy dispute was case 5434188?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5434188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13364501-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5434188?

The tribunal order states: The tenancy of Timothy Andrews and Shawnte Graham at 37F Flanshaw Road,

How much money was awarded in case 5434188?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,873.57 awarded to landlord; Water Rates: $380.13 awarded to landlord

What type of tenancy dispute was case 5434188?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5434188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13364501-Tenancy_Tribunal_Order.pdf.

37F Flanshaw Road, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 5434188 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5434188 — net $2,521.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to Monday 30 March 2026	$4,873.57	Rent arrears to Monday 30 March 2026
Water rates: 19 September 2025 - 20 March 2026	$380.13	Water rates: 19 September 2025 - 20 March 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,521.70
Total payable by Tenant to Landlord	$2,521.70

The tenancy of Timothy Andrews and Shawnte Graham at 37F Flanshaw Road, Te Atatu South, Auckland 0610 is terminated, and possession is granted to Barfoot & Thompson Limited as Agent for Zoe and Jeffrey McCrone, at midnight on Monday 30 March 2026

The Bond Centre is to pay the bond of $2,760.00 (BN-00153415) to Barfoot & Thompson Limited as Agent for Zoe and Jeffrey McCrone immediately.

Timothy Andrews and Shawnte Graham must pay Barfoot & Thompson Limited as Agent for Zoe and Jeffrey McCrone $2,521.70 immediately, calculated as shown in the table below:

Reasons

Ms Williams and Ms Burnie appeared for the landlord by video. There was no appearance by the tenant.

The tenancy commenced on 15 September 2025. On 17 February 2026, the landlord filed a claim for termination on the grounds that the rent arrears were at least 21 days at the date the application was filed, and that the tenant failed to remedy a 14-day breach notice issued for rent arrears on 21 January 2026.

The landlord also seeks outstanding water and wastewater charges for the period 19 September 2025 to 20 March 2026 of $380.13. The landlord has produced water and wastewater invoices for the period. The landlord advises that copies of the invoices have been sent to the tenant.

The landlord has produced an up-to-date summary, which they state records all of the rent payments received. Law

Under section 55(1)(a) of the Residential Tenancies Act 1986 (Act), the Tribunal must terminate the tenancy if the rent was at least 21 days in arrears at the date the application was filed.

Under section 56(1) of the Act, the Tribunal may terminate a tenancy for breach where, having regard to the nature or extent of the breach, it would be inequitable to refuse to terminate.

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.

Under section 39 of the Act, the tenant is responsible for outgoings that are exclusively attributable to their occupation of the premises, such as electricity, gas, telephone, and water and wastewater charges (were supply is exclusively attributable to the tenant’s use and is metered). Analysis and decision

The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish that it is more likely than not that the tenant has breached the terms of the agreement or provisions of the Act.

Only one of the statutory provisions under section 55(1) or section 56(1) need to be satisfied.

In this case, the rent summary shows that the rent was at least 21 days in arrears at the time the application was filed on 17 February 2026. In addition, the breach notice issued on 21 January 2026 was not remedied. I note that since 15 January 2026 that the tenant has made partial rent payments, with no payments received in the past three weeks. The last rent payment was received on 26 January 2026.

Accordingly, the tenancy is terminated, and possession granted to the landlord at midnight on Monday 30 March 2026.

I award rent arrears to the end of the tenancy.

I am satisfied that the water and wastewater charges claimed are based on the tenant’s consumption and exclusively attributable to their occupation of the premises. I am satisfied that the calculations are correct. The amount claimed is awarded. Costs

Because Barfoot & Thompson Limited as Agent for Zoe and Jeffrey McCrone has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

Although the landlord is entitled to name suppression, they do not seek it, and no orders are made.

Claims and awards in Tenancy Tribunal application 5434188 — net $2,521.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to Monday 30 March 2026	$4,873.57	Rent arrears to Monday 30 March 2026
Water rates: 19 September 2025 - 20 March 2026	$380.13	Water rates: 19 September 2025 - 20 March 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,521.70
Total payable by Tenant to Landlord	$2,521.70

Order

The tenancy of Timothy Andrews and Shawnte Graham at 37F Flanshaw Road, Te Atatu South, Auckland 0610 is terminated, and possession is granted to Barfoot & Thompson Limited as Agent for Zoe and Jeffrey McCrone, at midnight on Monday 30 March 2026
The Bond Centre is to pay the bond of $2,760.00 (BN-00153415) to Barfoot & Thompson Limited as Agent for Zoe and Jeffrey McCrone immediately.
Timothy Andrews and Shawnte Graham must pay Barfoot & Thompson Limited as Agent for Zoe and Jeffrey McCrone $2,521.70 immediately, calculated as shown in the table below:

Reasons

Ms Williams and Ms Burnie appeared for the landlord by video. There was no appearance by the tenant.
The tenancy commenced on 15 September 2025. On 17 February 2026, the landlord filed a claim for termination on the grounds that the rent arrears were at least 21 days at the date the application was filed, and that the tenant failed to remedy a 14-day breach notice issued for rent arrears on 21 January 2026.
The landlord also seeks outstanding water and wastewater charges for the period 19 September 2025 to 20 March 2026 of $380.13. The landlord has produced water and wastewater invoices for the period. The landlord advises that copies of the invoices have been sent to the tenant.
The landlord has produced an up-to-date summary, which they state records all of the rent payments received. Law
Under section 55(1)(a) of the Residential Tenancies Act 1986 (Act), the Tribunal must terminate the tenancy if the rent was at least 21 days in arrears at the date the application was filed.
Under section 56(1) of the Act, the Tribunal may terminate a tenancy for breach where, having regard to the nature or extent of the breach, it would be inequitable to refuse to terminate.
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.
Under section 39 of the Act, the tenant is responsible for outgoings that are exclusively attributable to their occupation of the premises, such as electricity, gas, telephone, and water and wastewater charges (were supply is exclusively attributable to the tenant’s use and is metered). Analysis and decision
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish that it is more likely than not that the tenant has breached the terms of the agreement or provisions of the Act.
Only one of the statutory provisions under section 55(1) or section 56(1) need to be satisfied.
In this case, the rent summary shows that the rent was at least 21 days in arrears at the time the application was filed on 17 February 2026. In addition, the breach notice issued on 21 January 2026 was not remedied. I note that since 15 January 2026 that the tenant has made partial rent payments, with no payments received in the past three weeks. The last rent payment was received on 26 January 2026.
Accordingly, the tenancy is terminated, and possession granted to the landlord at midnight on Monday 30 March 2026.
I award rent arrears to the end of the tenancy.
I am satisfied that the water and wastewater charges claimed are based on the tenant’s consumption and exclusively attributable to their occupation of the premises. I am satisfied that the calculations are correct. The amount claimed is awarded. Costs
Because Barfoot & Thompson Limited as Agent for Zoe and Jeffrey McCrone has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Although the landlord is entitled to name suppression, they do not seek it, and no orders are made.

Tenancy Tribunal case 5434188 — Rent arrears at 37F Flanshaw Road, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 5434188 — Rent arrears at 37F Flanshaw Road, Te Atatu South, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions