What was the outcome of Tenancy Tribunal case 5448268?

The tribunal order states: The tenancy of SOPHIA ANNE CARTER at 12 Odlin Crescent, Nawton,

How much money was awarded in case 5448268?

Rent Arrears: $7,418.00 awarded to landlord

What type of tenancy dispute was case 5448268?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5448268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13273447-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5448268?

The tribunal order states: The tenancy of SOPHIA ANNE CARTER at 12 Odlin Crescent, Nawton,

How much money was awarded in case 5448268?

Rent Arrears: $7,418.00 awarded to landlord

What type of tenancy dispute was case 5448268?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5448268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13273447-Tenancy_Tribunal_Order.pdf.

12 Odlin Crescent, Nawton, Hamilton 3200 Tenancy Tribunal Case 5448268 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5448268 — net $7,418.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 11 March 2026	$7,418.00	Rent arrears (to 11 March 2026
Net award	$7,418.00
Total payable by Tenant to Landlord	$7,418.00

On 18 February 2026, the landlord filed an application seeking: a. Termination of the tenancy for rent arrears. b. Termination of the tenancy for abandonment; and c. Termination of the tenancy for breach of the tenant’s obligations.

The hearing proceeded in person. Ms Thompson-Wise, Senior Tribunal Adviser, appeared for the landlord by telephone. The tenant did not appear. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.

That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.

This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence. History of the tenancy

The tenancy commenced on 1 February 2003 and was periodic.

On 4 December 2025, the tenant’s income related rent increased from $159.00 per week to $645.00 per week.

On 27 February 2026 MBIE advised the landlord the tenant left New Zealand on 27 April 2025 and had not returned since.

Should the tenancy be terminated?

Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears.

The application was filed on 18 February 20269. At that time, the tenant’s rent arrears totalled $5,803.00. Rent was at least 21 days in arrears, and the tenancy is terminated, and the landlord is granted immediate possession of the property.

How much is owed in rent?

The landlord provided rent records which prove the amount owing at the date of hearing total $7,418.00. The amount claimed is ordered. Termination of the tenancy for abandonment and breach of the tenant’s obligations.

As the Tribunal terminated the tenancy for rent arrears the landlord did not proceed with their applications for termination for abandonment and breach of the tenant’s obligation. These claims are dismissed. Other matters

Despite being wholly successful the landlord did not seek reimbursement of the filing fee.

The landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5448268 — net $7,418.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 11 March 2026	$7,418.00	Rent arrears (to 11 March 2026
Net award	$7,418.00
Total payable by Tenant to Landlord	$7,418.00

Order

The tenancy of SOPHIA ANNE CARTER at 12 Odlin Crescent, Nawton, Hamilton 3200 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
SOPHIA ANNE CARTER must pay Kāinga Ora–Homes And Communities $7,418.00 immediately, being rent arrears to 11 March 2026.

Reasons

On 18 February 2026, the landlord filed an application seeking: a. Termination of the tenancy for rent arrears. b. Termination of the tenancy for abandonment; and c. Termination of the tenancy for breach of the tenant’s obligations.
The hearing proceeded in person. Ms Thompson-Wise, Senior Tribunal Adviser, appeared for the landlord by telephone. The tenant did not appear. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence. History of the tenancy
The tenancy commenced on 1 February 2003 and was periodic.
On 4 December 2025, the tenant’s income related rent increased from $159.00 per week to $645.00 per week.
On 27 February 2026 MBIE advised the landlord the tenant left New Zealand on 27 April 2025 and had not returned since.

Should the tenancy be terminated?

Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears.
The application was filed on 18 February 20269. At that time, the tenant’s rent arrears totalled $5,803.00. Rent was at least 21 days in arrears, and the tenancy is terminated, and the landlord is granted immediate possession of the property.

How much is owed in rent?

The landlord provided rent records which prove the amount owing at the date of hearing total $7,418.00. The amount claimed is ordered. Termination of the tenancy for abandonment and breach of the tenant’s obligations.
As the Tribunal terminated the tenancy for rent arrears the landlord did not proceed with their applications for termination for abandonment and breach of the tenant’s obligation. These claims are dismissed. Other matters
Despite being wholly successful the landlord did not seek reimbursement of the filing fee.
The landlord did not seek name suppression.

Tenancy Tribunal case 5448268 — Rent arrears at 12 Odlin Crescent, Nawton, Hamilton 3200

At a glance

Tenancy Tribunal case 5448268 — Rent arrears at 12 Odlin Crescent, Nawton, Hamilton 3200

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed in rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed in rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions