What was the outcome of Tenancy Tribunal case 5440389?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5440389?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5440389?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5440389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13521696-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5440389?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5440389?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5440389?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5440389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13521696-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 8, 4 Owens Road, Epsom, Auckland 1023 Tenancy Tribunal Case 5440389 — Rent arrears

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Reasons

The Landlord attended the hearing. The Tenant did not appear.

The Landlord has applied for rent arrears and termination. At the hearing, the Landlord withdrew their claim for rent arrears.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The applicant sought termination of the tenancy based on section 55(1)(a) and section 56 of the RTA. In support of this claim, they provided a tenant ledger, customer statement and 14 day notice to remedy dated 8 January 2026.

In terms of section 55(1)(a) RTA, this states that if rent was at least 21 days in arrears on the date the application was filed the tenancy is terminated.

Section 56 RTA states that the Tribunal may terminate the tenancy if the other party has committed a breach of the tenancy agreement, the Landlord provided a notice to the tenant specifying the breach and requiring the Tenant to remedy the breach within a reasonable period. If the Tenant fails to remedy this within the required period, and the breach is of such a serious nature that it would be inequitable to refuse termination, the Tribunal may make an Order for termination.

The landlord provided rent records which did not show that the rent was in arrears at least 21 days on 9 February 2026 when the Landlord submitted the application to the Tribunal. The landlord also did not provide rent records to show the rent was in arrears of $893.00 on 8 January 2026.

The Landlord relies on rent arrears as grounds for termination; however, no rent summary has been filed in accordance with the precedent outlined on the Tenancy Services website. A rent summary is necessary to enable the Tribunal to clearly identify the level of arrears as at 8 January 2026, which is important in confirming whether the 14-day notice to remedy issued to the Tenant was accurate. It would also establish whether the arrears had reached 21 days or more as at 9 February 2026. Based on the manual ledger and statement provided by the Landlord, it is not possible to determine the arrears as at 9 February 2026. The ledger does not include running rent arrears, and the statement fails to specify the date on which the Tenant made a payment of $307.00 between 5 February 2026 and 19 February 2026. The ability to identify rent arrears on certain dates via the rent summary are critical to establishing whether the statutory grounds for termination have been met.

The Landlord is a professional real estate company, and as such, there is a reasonable expectation that they provide a clear and accurate rent summary in support of an application for termination.

For these reasons, the claim for termination is dismissed.

As the Landlord has not been successful, name suppression is declined.

Reasons

The Landlord attended the hearing. The Tenant did not appear.

The Landlord has applied for rent arrears and termination. At the hearing, the Landlord withdrew their claim for rent arrears.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

In terms of section 55(1)(a) RTA, this states that if rent was at least 21 days in arrears on the date the application was filed the tenancy is terminated.

The Landlord is a professional real estate company, and as such, there is a reasonable expectation that they provide a clear and accurate rent summary in support of an application for termination.

For these reasons, the claim for termination is dismissed.

As the Landlord has not been successful, name suppression is declined.

Tenancy Tribunal case 5440389 — Rent arrears at Unit/Flat Flat 8, 4 Owens Road, Epsom, Auckland 1023

At a glance

Tenancy Tribunal case 5440389 — Rent arrears at Unit/Flat Flat 8, 4 Owens Road, Epsom, Auckland 1023

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions