What was Tenancy Tribunal case 5126868 about?

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

How much money was awarded in case 5126868?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,819.25 awarded to landlord

What type of tenancy dispute was case 5126868?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5126868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11754581-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5126868 about?

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

How much money was awarded in case 5126868?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,819.25 awarded to landlord

What type of tenancy dispute was case 5126868?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5126868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11754581-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5126868 — Rent arrears

Claims and awards in Tenancy Tribunal application 5126868 — net $1,846.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/4/2025	$1,819.25	Rent arrears to 15/4/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,846.25
Total payable by Tenant to Landlord	$1,846.25

Order

The Tribunal orders suppression of the Landlord and Tenant’s name and identifying details.
[The tenant/s] owes [The landlord/s] $1,846.25 (“the debt”), calculated in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By 61 weekly payments of $230.00, being $200.00 for rent and $30.00 for the debt. b. A final payment of $216.25, being $200.00 for rent and $16.25 for the debt. c. Payments will be every Wednesday, with the first payment on 23/04/2025 and continuing until 24/06/2026.
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 within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] 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

A hearing was held by teleconference on 16 April 2025. Both parties attended the hearing.
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 (“RTA”).
The tenant breached their obligation by failing to pay rent when it fell due. On 30 December 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. The landlord subsequently filed this application on 9 January 2025, at which time the arrears stood at $539.25.
As at the date of the hearing, the arrears had increased to $1,819.25. The tenant does not dispute the arrears and has expressed a strong desire to remain in the tenancy. The tenant has proposed a payment plan of $230.00 per week, comprising $200.00 for rent and $30.00 toward the arrears. The landlord has agreed to this proposal.
In considering an application under section 56(1), the Tribunal must determine whether it would be inequitable to terminate the tenancy. While there has been a clear breach of the tenancy agreement due to unpaid rent, section 56(2) gives the Tribunal discretion to refuse termination if the breach has been remedied or is unlikely to recur.
The tenant is currently receiving a benefit and has demonstrated good faith by proposing a reasonable and achievable repayment plan. Additionally, the tenant has shown a genuine commitment to resolving the matter by undertaking to engage with the Ministry of Social Development (MSD) to arrange a redirection of benefit payments. This redirection would ensure that both ongoing rent and arrears contributions are paid directly to the landlord. However, it is noted that the landlord has advised they are no longer registered as a supplier with Work and Income.
The Tribunal encourages the tenant to make further enquiries with Work and Income regarding the possibility of setting up a redirection. This payment method offers a secure and consistent mechanism, reduces the likelihood of future arrears, and supports the shared goal of sustaining the tenancy. The tenant is also encouraged to seek assistance from The People’s Project or another social service provider to help facilitate communication with MSD and to progress the redirection efficiently.
Given the significant arrears, the tenant’s willingness to engage, and the landlord’s agreement to the repayment plan, the Tribunal considers it would be inequitable to terminate the tenancy at this time. A conditional termination order is therefore appropriate. This provides both parties with certainty and allows the tenancy to continue, subject to compliance with the payment arrangement.
I have granted a conditional termination. See section 78(3) RTA.
The conditional termination order will lapse if it is fully complied with. If the tenant fails to meet the terms of the payment plan—specifically the weekly payment of $230.00—then the tenancy may be terminated without the need for a further hearing. The possession order is enforceable for 90 days from the first breach. See section 64(4)(b) RTA.
As the landlord has been wholly successful with the claim, the filing fee is to be reimbursed by the tenant.
Given that this is effectively a consent order, and the tenant has shown genuine commitment to remedying the breach, it is appropriate to grant suppression of the landlord and the tenant’s names and identifying details under section 95A(1)(b) RTA.

Claims and awards in Tenancy Tribunal application 5126868 — net $1,846.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/4/2025	$1,819.25	Rent arrears to 15/4/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,846.25
Total payable by Tenant to Landlord	$1,846.25

Order

The Tribunal orders suppression of the Landlord and Tenant’s name and identifying details.
[The tenant/s] owes [The landlord/s] $1,846.25 (“the debt”), calculated in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By 61 weekly payments of $230.00, being $200.00 for rent and $30.00 for the debt. b. A final payment of $216.25, being $200.00 for rent and $16.25 for the debt. c. Payments will be every Wednesday, with the first payment on 23/04/2025 and continuing until 24/06/2026.
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 within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] 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

A hearing was held by teleconference on 16 April 2025. Both parties attended the hearing.
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 (“RTA”).
The tenant breached their obligation by failing to pay rent when it fell due. On 30 December 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. The landlord subsequently filed this application on 9 January 2025, at which time the arrears stood at $539.25.
As at the date of the hearing, the arrears had increased to $1,819.25. The tenant does not dispute the arrears and has expressed a strong desire to remain in the tenancy. The tenant has proposed a payment plan of $230.00 per week, comprising $200.00 for rent and $30.00 toward the arrears. The landlord has agreed to this proposal.
In considering an application under section 56(1), the Tribunal must determine whether it would be inequitable to terminate the tenancy. While there has been a clear breach of the tenancy agreement due to unpaid rent, section 56(2) gives the Tribunal discretion to refuse termination if the breach has been remedied or is unlikely to recur.
The tenant is currently receiving a benefit and has demonstrated good faith by proposing a reasonable and achievable repayment plan. Additionally, the tenant has shown a genuine commitment to resolving the matter by undertaking to engage with the Ministry of Social Development (MSD) to arrange a redirection of benefit payments. This redirection would ensure that both ongoing rent and arrears contributions are paid directly to the landlord. However, it is noted that the landlord has advised they are no longer registered as a supplier with Work and Income.
The Tribunal encourages the tenant to make further enquiries with Work and Income regarding the possibility of setting up a redirection. This payment method offers a secure and consistent mechanism, reduces the likelihood of future arrears, and supports the shared goal of sustaining the tenancy. The tenant is also encouraged to seek assistance from The People’s Project or another social service provider to help facilitate communication with MSD and to progress the redirection efficiently.
Given the significant arrears, the tenant’s willingness to engage, and the landlord’s agreement to the repayment plan, the Tribunal considers it would be inequitable to terminate the tenancy at this time. A conditional termination order is therefore appropriate. This provides both parties with certainty and allows the tenancy to continue, subject to compliance with the payment arrangement.
I have granted a conditional termination. See section 78(3) RTA.
The conditional termination order will lapse if it is fully complied with. If the tenant fails to meet the terms of the payment plan—specifically the weekly payment of $230.00—then the tenancy may be terminated without the need for a further hearing. The possession order is enforceable for 90 days from the first breach. See section 64(4)(b) RTA.
As the landlord has been wholly successful with the claim, the filing fee is to be reimbursed by the tenant.
Given that this is effectively a consent order, and the tenant has shown genuine commitment to remedying the breach, it is appropriate to grant suppression of the landlord and the tenant’s names and identifying details under section 95A(1)(b) RTA.

Tenancy Tribunal case 5126868 — Rent arrears

At a glance

Tenancy Tribunal case 5126868 — 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