How much money was awarded in case 5132269?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $990.00 awarded to landlord

What type of tenancy dispute was case 5132269?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5132269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11570944-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5132269?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $990.00 awarded to landlord

What type of tenancy dispute was case 5132269?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5132269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11570944-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5132269 — Rent arrears

Q: What was Tenancy Tribunal case 5132269 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5132269 — net $567.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 March 2025	$990.00	Rent arrears to 12 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$567.00
Total payable by Tenant to Landlord	$567.00

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

The tenancy of Alan Smith at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 pm on the 1 April 2025.

Alan Smith may end the tenancy earlier than the 1 April 2025 by giving the landlord 24 hours written notice.

The Bond Centre is to pay the bond of $450.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Alan Smith must pay [The landlord/s] $567.00 immediately, calculated as shown in the table below:

Alan Smith must pay the weekly rent of $170 for each week from the date of this order until his tenancy terminates.

Reasons

Both parties attended the hearing held yesterday.

Mr Smith had previously applied for an adjournment on the basis that he preferred to have a face-to-face hearing because of his disabilities and speech impediment. I declined that adjournment as I was confident that Mr Smith would be able to articulate himself at the hearing.

I record that when Mr Smith did not attend by video, he was then called and answered the phone call. Mr Smith has a speech impediment, but I considered that I was able to hear and understand him.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date. Mr Smith says that he has not paid rent because of ‘hardship’. Most of the rent arrears seem to have arisen from the rent being increased on the 3 December 2024 and Mr Smith’s refusal to pay the increased amount. Since the 12 February the tenant has not paid any rent.

When I asked if Mr Smith had any submissions as to why I should not terminate his tenancy he told me that he accepted that his tenancy would be terminated.

The tenancy is terminated.

Usually when a tenancy is terminated the termination is immediate or soon after. The tenant requires time to exit his premises, this is made more difficult for him due to his age and health. The landlord has agreed that Mr Smith will have three weeks to move out. I consider this reasonable in the circumstances. Mr Smith will remain liable for rent for the time he remains in occupation.

If Mr Smith finds alternative accommodation before the 1 April then he may give 24 hours notice to the landlord to terminate the tenancy. This will mean he will not be liable for two rents at once and will allow the landlord to take back possession sooner.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and grant name suppression as requested.

Claims and awards in Tenancy Tribunal application 5132269 — net $567.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 March 2025	$990.00	Rent arrears to 12 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$567.00
Total payable by Tenant to Landlord	$567.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Alan Smith at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 pm on the 1 April 2025.
Alan Smith may end the tenancy earlier than the 1 April 2025 by giving the landlord 24 hours written notice.
The Bond Centre is to pay the bond of $450.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Alan Smith must pay [The landlord/s] $567.00 immediately, calculated as shown in the table below:
Alan Smith must pay the weekly rent of $170 for each week from the date of this order until his tenancy terminates.

Reasons

Both parties attended the hearing held yesterday.
Mr Smith had previously applied for an adjournment on the basis that he preferred to have a face-to-face hearing because of his disabilities and speech impediment. I declined that adjournment as I was confident that Mr Smith would be able to articulate himself at the hearing.
I record that when Mr Smith did not attend by video, he was then called and answered the phone call. Mr Smith has a speech impediment, but I considered that I was able to hear and understand him.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. Mr Smith says that he has not paid rent because of ‘hardship’. Most of the rent arrears seem to have arisen from the rent being increased on the 3 December 2024 and Mr Smith’s refusal to pay the increased amount. Since the 12 February the tenant has not paid any rent.
When I asked if Mr Smith had any submissions as to why I should not terminate his tenancy he told me that he accepted that his tenancy would be terminated.
The tenancy is terminated.
Usually when a tenancy is terminated the termination is immediate or soon after. The tenant requires time to exit his premises, this is made more difficult for him due to his age and health. The landlord has agreed that Mr Smith will have three weeks to move out. I consider this reasonable in the circumstances. Mr Smith will remain liable for rent for the time he remains in occupation.
If Mr Smith finds alternative accommodation before the 1 April then he may give 24 hours notice to the landlord to terminate the tenancy. This will mean he will not be liable for two rents at once and will allow the landlord to take back possession sooner.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and grant name suppression as requested.

Tenancy Tribunal case 5132269 — Rent arrears

At a glance

Tenancy Tribunal case 5132269 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions