Tenantcheck Insights · Case study
Tenancy Tribunal case 5477189 — Rent arrears at Unit/Flat Unit 6, 21 Moor Avenue, Te Atatu Peninsula,
Decided 11 June 2026 · Published 11 June 2026 · Application 5477189
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
M Kan
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $408.00
- Total balance for Tenant to pay Landlord
- $408.00
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 11 June 2026 | $380.00 | Rent arrears to 11 June 2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $408.00 | ||
| Total payable by Tenant to Landlord | $408.00 |
Claims and awards for application 5477189 — net $408.00 NZD. Verify on MoJ.
Rent arrears to 11 June 2026
- Amount
- $380.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 11 June 2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $408.00
Total payable by Tenant to Landlord
Landlord $408.00
Claim types — money lines allowed on this order
Order
- David Bell owes Barfoot & Thompson Limited As Agent For Rynat Investments Ltd $408.00 (“the debt”).
- David Bell must pay rent and the debt as follows: a. By 20 weekly payments of $580.00, being $560.00 for current rent and $20.00 for the debt. b. A final payment of $568.00, being $560.00 for current rent and $8.00 for the debt. c. Payments will be every Tuesday, with the first payment on 16/06/2026 and continuing until 03/11/2026.
- Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat Unit 6, 21 Moor Avenue, Te Atatu Peninsula, Auckland 0610 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 pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- The hearing was conducted by teleconference.
- Ms Williams attended on behalf of the landlord. Mr Bell, the tenant, did not attend the hearing and did not contact the Registry to explain his absence or seek an adjournment.
- Prior to commencing the hearing, I attempted to contact Mr Bell on his cell phone number ending 6108 on two occasions. The calls did not connect. The number appeared either deactivated or switched off.
- Ms Williams confirmed that the number dialled was the contact number held on the landlord's records. She advised that the landlord's last direct telephone communication with Mr Bell was more than one month before the hearing. She also advised that a property manager had subsequently spoken with Mr Bell during a routine inspection, at which time rent arrears were discussed and Mr Bell indicated he intended to seek financial assistance to address them.
- I was satisfied that reasonable steps had been taken to contact Mr Bell and proceeded in his absence.
- The landlord has applied for rent arrears and reimbursement of the filing fee.
Should a conditional termination order be made?
- The Tribunal may terminate a tenancy for breach where, due 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. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by 25 March 2026. On 26 March 2026, the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. The evidence establishes that the breach was not fully remedied within the notice period. Although the arrears have reduced from $560 to $380, a balance has remained outstanding since 13 April 2026. It would be inequitable to refuse to terminate the tenancy.
- Ms Williams also referred to other outstanding debts, including unpaid water charges. While those matters are not the subject of the present application, they provide context for the tenant's ongoing non-compliance with his obligations under the tenancy.
- The evidence before me demonstrates continuing breaches of the tenancy agreement. In those circumstances, it would be inequitable to refuse an application for termination. However, the landlord is not seeking immediate termination of the tenancy. Rather, the landlord seeks a conditional termination order to provide the tenant with a final opportunity to clear the arrears while maintaining the tenancy.
- I accept that the tenant has continued making regular rental payments and that the arrears have reduced since the notice was served. I also accept that the landlord is willing to allow the tenant to remain in the premises provided the outstanding arrears are repaid by instalments.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Filing fee
- Because Barfoot & Thompson Limited As Agent For Rynat Investments Ltd has wholly succeeded with the claim I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s56(1), s64(4), s78(3)
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 5477189?
The tribunal order states: David Bell owes Barfoot & Thompson Limited As Agent For Rynat Investments
How much money was awarded in case 5477189?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $380.00 awarded to landlord
What type of tenancy dispute was case 5477189?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5477189?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13733048-Tenancy_Tribunal_Order.pdf.