Tenantcheck Insights · Case study
Tenancy Tribunal case 5495738 — Rent arrears at 74 Turner Drive, Western Heights, Rotorua 3015
Published 20 May 2026 · Application 5495738
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Rotorua
Tribunal region
Adjudicator
B King
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,383.72
- Total balance for Tenant to pay Landlord
- $1,383.72
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 Monday 25 May 2026 | $1,355.72 | Rent arrears to Monday 25 May 2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,383.72 | ||
| Total payable by Tenant to Landlord | $1,383.72 |
Claims and awards for application 5495738 — net $1,383.72 NZD. Verify on MoJ.
Rent arrears to Monday 25 May 2026
- Amount
- $1,355.72
- Awarded to
- Landlord
- Reason
- Rent arrears to Monday 25 May 2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,383.72
Total payable by Tenant to Landlord
Landlord $1,383.72
Claim types — money lines allowed on this order
Order
- Henare Pirika owes ETB Realty Limited as Agent for Karl-Friedrick Bader $1,383.72 (“the debt”) calculated as:
- Henare Pirika must pay rent and the debt as follows: a. by a payment of $200.00 toward the arrears no later than Friday 22 May 2026; b. by fortnightly payments of $1,675.00, being $1,300.00 for rent and $375.00 toward the debt.
- The payments required by Order 2 b. will begin on Tuesday 26 May 2026 and will continue every second Tuesday after that until the debt is fully repaid and the tenant is paying the rent fortnightly in advance. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears or if, within 3 months from the date of this Order, any fortnightly rent payment is not paid, within 2 working days of the due date: a. the tenancy at 74 Turner Drive, Western Heights, Rotorua 3015 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
- Both parties attended the hearing by video/ teleconference.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
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 his obligations by filing to ensure the rent was paid weekly in advance as required by the agreement.
- The landlord issued a 14-day notice to the tenant on 25 March 2026. On the same day, the landlord issued the first of 3 rent breach notices under s.55(1)(aa). The rent has not been brought up to date.
- The landlord is entitled to request an Order terminating the tenancy. That request was clearly and strongly put by the property manager
- The Tribunal must make either a termination or conditional termination Order.
- Having heard the evidence, and taking into account that part of the issue has been the tenant paying fortnightly rather than weekly, I am satisfied, on balance that the tenant will pay the debt within the period specified in the order and once the arrears are cleared and rent paid properly in advance, is unlikely to commit any further breach.
- The agreement requires that the tenant pay the rent of $650.00 weekly in advance. The tenant wants to pay the rent fortnightly. That means he must be taken to have agreed that the rent will be paid fortnightly in advance. The landlord is not required to accept rent falling into arrears between fortnightly payments. The tenant must therefore keep paying the additional $375.00 per fortnight until those fortnightly payments are paying the rent 2 weeks ahead.
- Because rent has been in arrears for some time, the landlord is entitled to require that the tenant demonstrate an ability to make sure the rent will be paid when due in an ongoing way.
- For those reasons I have granted a conditional termination on the above terms. 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.
- Because ETB Realty Limited as Agent for Karl-Friedrick Bader 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 5495738?
The tribunal order states: Henare Pirika owes ETB Realty Limited as Agent for Karl-Friedrick Bader
How much money was awarded in case 5495738?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,355.72 awarded to landlord
What type of tenancy dispute was case 5495738?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5495738?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13627755-Tenancy_Tribunal_Order.pdf.