What was Tenancy Tribunal case 5118109 about?

The tribunal order states: The Tribunal orders suppression of the Tenant’s name and identifying details

How much money was awarded in case 5118109?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5118109?

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

Where can I read the official tribunal order for case 5118109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11394975-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5118109 about?

The tribunal order states: The Tribunal orders suppression of the Tenant’s name and identifying details

How much money was awarded in case 5118109?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5118109?

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

Where can I read the official tribunal order for case 5118109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11394975-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5118109 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the hearing which was held by phone. The landlord was represented by Mr Temu.

This is a social housing tenancy which began on 28 August 2014.

The landlord has applied for an order for termination of the tenancy (or in the alternative a conditional termination order) on the basis that the rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).

The landlord provided a rent summary showing arrears in the amount of $34,933.22 at the date of the application on 20 December 2024. The rent summary shows current arrears of $34,783.22.

However the landlord previously made an application to the Tribunal for rent arrears owing in this tenancy to 4 July 2024. The landlord sought and obtained a monetary Tribunal Order for rent owing to that date in the amount of $34,153.22.

The tenant says that after the Tribunal Order was made she has entered into a payment arrangement with the landlord through her Case Managers in which she pays her usual rent of $350 per week together with an additional $50 per fortnight ($750 every fortnight).

Mr Temu explained that the landlord is concerned to ensure that the tenant keeps up the payment arrangement. It appears that some payments may have been missed.

As explained at the hearing the landlord is not entitled to a termination order (or conditional termination order). The landlord already has a monetary Tribunal Order for rent owing to 4 July 2024. The landlord cannot come back to the Tribunal to seek a different remedy in respect of the same arrears 1 .

In reviewing the rent summary it does not appear that any further rent arrears have accrued at (or even close to) the level of the prescribed 21 day period. The arrears appear to have gone up slightly since the Tribunal Order dated 4 July 2024 was granted but this appears to be mainly because of the timing of rent being charged and payment being made by the tenant.

The informal arrangement as to payment of the monetary Tribunal Order dated 4 July 2024 is a matter between the landlord and tenant and not a matter on which the Tribunal is able to make orders.

The landlord’s application is therefore dismissed. Matters going forward

The tenant will need to continue to pay rent as it falls due to avoid arrears accruing.

If the tenant has any queries or concerns about the payments being made towards the monetary Tribunal Order dated 4 July 2024, or is not sure about the current balance owing, she should contact her Case Manager to discuss as soon as possible. 1 See Henderson v Henderson [1843] 3 Hare 100 and Marks v Robb [2021] NZTT 4282507,

The landlord’s claim has been dismissed and so the tenant is the successful party. The tenant is entitled to an order for name suppression under section 95A RTA.