What was Tenancy Tribunal case 5122895 about?

The tribunal order states: The Tribunal orders suppression of the Tenants’ and Landlord’s names and

How much money was awarded in case 5122895?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $856.00 awarded to landlord; Water Invoices: $370.83 awarded to landlord

What type of tenancy dispute was case 5122895?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5122895?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11750578-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5122895 about?

The tribunal order states: The Tribunal orders suppression of the Tenants’ and Landlord’s names and

How much money was awarded in case 5122895?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $856.00 awarded to landlord; Water Invoices: $370.83 awarded to landlord

What type of tenancy dispute was case 5122895?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5122895?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11750578-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5122895 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5122895 — net $1,253.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 17 April 2025	$856.00	Rent arrears as at 17 April 2025
Water invoices	$370.83	Water invoices
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,253.83
Total payable by Tenant to Landlord	$1,253.83

The Tribunal orders suppression of the Tenants’ and Landlord’s names and identifying details.

[The tenant/s] owes [The landlord/s] $1,253.83 (“the debt”), calculated in the table below:

The following terms were agreed and are recorded as part of this conditional termination order: a. Rent payments: [The tenant/s] will arrange for the weekly rent of $675.00 to be paid by direct credit from her salary each week when it falls due. The next payment is due on Saturday 26 April 2025. b. Rent arrears and water arrears: The tenants will pay the balance of rent arrears ($856.00) and water charges ($370.83) in full by midnight on Thursday 24 April 2025. c. Advance rent payments: The tenants will pay an additional $100.00 per week commencing Tuesday, 29 April 2025, and continuing every Tuesday thereafter until they are two weeks in advance in rent. d. Filing fee: The tenants are to pay the filing fee of $27.00 by midnight on Friday 2 May 2025. e. Consequential clause: If the tenants fail to comply with any of the above payment obligations within two working days of the due dates: (i)The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises and, (ii) the balance of the debt in order 2 above will be payable immediately.

Reasons

A hearing was held on 17 April 2025 by teleconference. The landlord attended the hearing and [the tenant/s] appeared on behalf of the tenants.

This tenancy commenced on 21 November 2020. The current rent is $675.00 per week.

The landlord has applied for termination of the tenancy, rent arrears and unpaid water invoices. 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 tenants breached their obligations by failing to pay rent when they fell due. The landlord served a 14-day notice on the tenants, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.

The landlord submitted that the tenants have persistently fallen into arrears. The pattern is that rent falls behind, the landlord applies to the Tribunal or attends mediation, and following that process the arrears are cleared. Despite numerous breach notices, previous applications, mediations and hearings, the breaches have continued to recur.

[The tenant/s], acknowledged the history of arrears and outstanding utility charges, attributing the issues to personal and health-related circumstances. [The tenant/s] expressed a clear commitment to remedy the situation and to ensure no further breaches occur in future. Both parties agreed that a final opportunity should be provided to the tenants to demonstrate compliance.

Given the tenants’ acknowledgment of the arrears and their willingness to enter into a repayment plan, I consider this to be a case where a conditional termination is justified. The tenancy will continue only on strict conditions. The agreement reached between the parties is fair and reasonable and provides the tenants with a final opportunity to maintain the tenancy.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants 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.

As the landlord has wholly succeeded with the claim, I must order the tenants to reimburse the filing fee.

Given this is effectively a consent order reached following meaningful discussion between the parties, and to protect the privacy of both landlord and tenants, I order suppression of their names and any identifying details pursuant to section 95A of the RTA.

Claims and awards in Tenancy Tribunal application 5122895 — net $1,253.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 17 April 2025	$856.00	Rent arrears as at 17 April 2025
Water invoices	$370.83	Water invoices
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,253.83
Total payable by Tenant to Landlord	$1,253.83

Order

The Tribunal orders suppression of the Tenants’ and Landlord’s names and identifying details.
[The tenant/s] owes [The landlord/s] $1,253.83 (“the debt”), calculated in the table below:
The following terms were agreed and are recorded as part of this conditional termination order: a. Rent payments: [The tenant/s] will arrange for the weekly rent of $675.00 to be paid by direct credit from her salary each week when it falls due. The next payment is due on Saturday 26 April 2025. b. Rent arrears and water arrears: The tenants will pay the balance of rent arrears ($856.00) and water charges ($370.83) in full by midnight on Thursday 24 April 2025. c. Advance rent payments: The tenants will pay an additional $100.00 per week commencing Tuesday, 29 April 2025, and continuing every Tuesday thereafter until they are two weeks in advance in rent. d. Filing fee: The tenants are to pay the filing fee of $27.00 by midnight on Friday 2 May 2025. e. Consequential clause: If the tenants fail to comply with any of the above payment obligations within two working days of the due dates: (i)The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises and, (ii) the balance of the debt in order 2 above will be payable immediately.

Reasons

A hearing was held on 17 April 2025 by teleconference. The landlord attended the hearing and [the tenant/s] appeared on behalf of the tenants.
This tenancy commenced on 21 November 2020. The current rent is $675.00 per week.
The landlord has applied for termination of the tenancy, rent arrears and unpaid water invoices. 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 tenants breached their obligations by failing to pay rent when they fell due. The landlord served a 14-day notice on the tenants, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
The landlord submitted that the tenants have persistently fallen into arrears. The pattern is that rent falls behind, the landlord applies to the Tribunal or attends mediation, and following that process the arrears are cleared. Despite numerous breach notices, previous applications, mediations and hearings, the breaches have continued to recur.
[The tenant/s], acknowledged the history of arrears and outstanding utility charges, attributing the issues to personal and health-related circumstances. [The tenant/s] expressed a clear commitment to remedy the situation and to ensure no further breaches occur in future. Both parties agreed that a final opportunity should be provided to the tenants to demonstrate compliance.
Given the tenants’ acknowledgment of the arrears and their willingness to enter into a repayment plan, I consider this to be a case where a conditional termination is justified. The tenancy will continue only on strict conditions. The agreement reached between the parties is fair and reasonable and provides the tenants with a final opportunity to maintain the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants 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.
As the landlord has wholly succeeded with the claim, I must order the tenants to reimburse the filing fee.
Given this is effectively a consent order reached following meaningful discussion between the parties, and to protect the privacy of both landlord and tenants, I order suppression of their names and any identifying details pursuant to section 95A of the RTA.

Tenancy Tribunal case 5122895 — Rent arrears

At a glance

Tenancy Tribunal case 5122895 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions