Tenantcheck Insights · Case study
Tenancy Tribunal case 5476496 — Rent arrears at 275 Postman Road, Dairy Flat, RD 4, Dairy Flat 0794
Published 24 April 2026 · Application 5476496
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Dairy Flat
Tribunal region
Adjudicator
J Greene
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,948.00
- Total balance for Tenant to pay Landlord
- $3,948.00
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 24 April 2026 | $3,920.00 | Rent arrears to 24 April 2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $3,948.00 | ||
| Total payable by Tenant to Landlord | $3,948.00 |
Claims and awards for application 5476496 — net $3,948.00 NZD. Verify on MoJ.
Rent arrears to 24 April 2026
- Amount
- $3,920.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 24 April 2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $3,948.00
Total payable by Tenant to Landlord
Landlord $3,948.00
Claim types — money lines allowed on this order
Order
- The tenancy of Tyler Louise Fonua at 275 Postman Road, Dairy Flat, RD 4, Dairy Flat 0794 is terminated, and possession is granted to Montgomerie Property Limited, at 11.59pm on Friday 24 April 2026.
- Tyler Louise Fonua must pay Montgomerie Property Limited $3,948.00 immediately, as calculated below:
Reasons
- Ms Li counsel for and Mr Taafe a director of the applicant company attended the video hearing of this application together with one of the shareholders. The tenant did not attend.
- On 14 January 2026 the Tribunal made an order terminating the tenancy on application by the former landlord IHome Property Management Limited. Possession was granted to the landlord on 16 January 2026 1 .
- That landlord did not enforce the possession order, and it has now lapsed.
- The property was then sold. Montgomerie Property Limited (MPL) is the current owner registered on the record of title (copy produced).
- After the sale and purchase, MPL sent the tenant a change of landlord form and prepared a new tenancy agreement.
- The tenant did not sign the agreement but has paid rent to the current landlord. The payment of rent establishes the tenancy as between these parties 2 .
- The tenant last paid rent on 17 March 2026. The tenant is now in arrears, a breach of the tenancy agreement and of the Residential Tenancies Act 1986 (RTA).
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, and the filing fee.
Should the tenancy be terminated?
- Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears at the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) RTA.
- Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
How much does the tenant owe?
- The landlord provided rent records which prove the amount of rent owing as of today. 1 See [2026] NZTT 5388890 2 See section 2 RTA – definition of tenancy
- I have added the filing fee to the amount of rent owed. On a successful application the landlord is entitled to reimbursement of the filing fee. Date of possession
- I have made the possession order for the end of the day today. With the holiday weekend, the landlord will not be able to apply for enforcement until 2 working days have passed. That alone builds in time for the tenant to move.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s2, s55
Key findings
- Dispute theme: rent arrears
Property management
- MONTGOMERIE PROPERTY LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5476496?
The tribunal order states: The tenancy of Tyler Louise Fonua at 275 Postman Road, Dairy Flat, RD 4,
How much money was awarded in case 5476496?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,920.00 awarded to landlord
What type of tenancy dispute was case 5476496?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5476496?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13500729-Tenancy_Tribunal_Order.pdf.