What was Tenancy Tribunal case 5134688 about?

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

How much money was awarded in case 5134688?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,517.14 awarded to landlord

What type of tenancy dispute was case 5134688?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5134688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11629868-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5134688 about?

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

How much money was awarded in case 5134688?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,517.14 awarded to landlord

What type of tenancy dispute was case 5134688?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5134688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11629868-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5134688 — Rent arrears

Claims and awards in Tenancy Tribunal application 5134688 — net $1,544.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,517.14	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,544.14
Total payable by Tenant to Landlord	$1,544.14

Claims and awards in Tenancy Tribunal application 5134688 — net $1,544.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,517.14	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,544.14
Total payable by Tenant to Landlord	$1,544.14

Order

dated 25 March 2025 has been recalled and reissued. Unfortunately, there has been an error identified with the filing fee shown in the table, and the debt calculation at paragraph 4c. The filing fee in the table is amended to $27.00. Paragraph 4c is amended, and now reads: “After 08 April 2025, this will increase to weekly payments of $530.00, being $430.00 for rent and $100.00 for the debt on Tuesday 15 April 2025 and every Tuesday thereafter until the debt is paid”. There are no other changes to the order.

ORDER

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s and landlord’s name and identifying details.
The claims for damage, assaulting a neighbour, and interference with the neighbour’s reasonable peace comfort and privacy are dismissed.
[The tenant/s] owes [The landlord/s] $1,544.14 (being rent arrears to 24 March 2025 plus reimbursement of $27.00 filing fee “the debt”).
[The tenant/s] must pay rent and the debt as follows: a. A payment of $430.00 (the current rent) which is due today, Tuesday 25 March 2025, b. Then by weekly payments of $480.00, being $430.00 for rent and $50.00 for the debt, due on Tuesday 01 April 2025, and Tuesday 08 April 2025. c. After 08 April 2025, this will increase to weekly payments of $530.00, being $430.00 for rent and $100.00 for the debt on Tuesday 15 April 2025 and every Tuesday thereafter until the debt is paid.
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. and can be enforced through the District Court.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
When the debt has been paid in full the conditional termination order will lapse.

Reasons

This matter was initially scheduled for hearing on 03 March 2025 and then adjourned to 25 March 2025.
On both occasions [The landlord’s representative] has appeared for the landlord. The tenant has appeared supported by their mother.
The tenancy was a joint tenancy that commenced on 02 June 2023 and was for a fixed term ending on 06 June 2024, after which it became periodic. There was a change of landlord on 21 November 2024. The tenants were in a domestic relationship. On or about 30 November 2024, the other tenant gave notice to withdraw from the tenancy due to domestic violence. It appears the notice to withdraw was given under section 56B of the Residential Tenancies Act 1986 (The “Act”). The tenant remained the sole occupant.
On 17 January 2025, the landlord filed an application seeking termination of the tenancy on the following grounds: i. The rent was at least 21 days in arrears at the time the application was filed, section 55(1) of the Act, ii. That the tenant failed to remedy a 14-day breach notice for rent arrears and it would be inequitable to refuse to terminate the tenancy, section 56(1) (c) of the Act, iii. That the tenant had interfered with their neighbour’s reasonable peace comfort and privacy, section 40(2) (c) of the Act, iv. That the tenant had assaulted a neighbour, section 55(1) (c) (v) of the Act,
The landlord also claims that the tenant is liable for damage caused to a window that is more than fair wear and tear.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Act. Rent arrears.
Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears.
Under section 56(1) of the Act, the Tribunal may terminate a tenancy if the tenant has failed to remedy a 14-day breach notice for rent arrears, and it would be inequitable to refuse termination.
Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act. Decision
The difficulty the landlord initially faced in relying on these provisions is that after the other tenant withdrew for domestic violence, the landlord had failed to apply the formula reducing the tenant’s rent obligation for the fortnight following the withdrawal, see section 56B (5) of the Act.
To properly determine an application under both section 55(1) and 56(1), the Tribunal required an updated rent summary. Additionally, the 14-day breach notice issued for rent arrears, which appeared to be the only one issued, was undated.
On 03 March 2025, the Tribunal expressed concern over the tenant’s admission that they had stopped paying rent on 29 January 2025. The rent summary produced showed that the tenant was more than 21 days in arrears, with arrears in the region of $2,584.00. The tenant stated that following their relationship breakdown they had become overwhelmed and ceased paying rent. While the Tribunal understood the tenant’s neurodiversity, paying rent is fundamental to any tenancy agreement.
The landlord’s application for termination for rent arrears was adjourned.
An updated rent summary has been produced, recording the reduction in rent for a fortnight after the joint tenant was removed from the agreement. The rent summary also confirms that at the time of the 14-day notice, the rent was in arrears, and that the tenant, despite making payments, had failed to remedy the breach. The summary further shows that as of today’s hearing date the rent is just over three weeks in arrears.
There is sufficient evidence to order termination of the tenancy for rent arrears. However, the tenant wants to repay the debt to avoid immediate termination.
Section 55(1A) states that the Tribunal may refuse making a final termination order for non-payment of rent under section 55(1) and (2) if, and only if, it is satisfied that the tenant will pay any rent arrears within the period specified by the Tribunal, and going forward is unlikely to commit any further breaches for rent arrears.
The tenant states that after the last hearing, they had a meeting with WINZ. The tenant states that they showed their caseworker a copy of the Tribunal adjournment order, but it was insufficient to obtain financial assistance as it did not show the amount owing. WINZ required evidence confirming the outstanding amount.
The tenant states that, in order to reduce the rent arrears to a more manageable amount, thus making it more attractive to WINZ to provide assistance, with the help of their mother, they had reduced the arrears with a lump sum payment of $1,500.00, and other smaller payments.
The tenant’s mother stated that since the break-up of the tenant’s relationship with the joint tenant, the tenant’s mental health had declined, and confirmed that in November 2024, the tenant had lost their full-time employment.
The tenant is a young person. The tenant’s mother also advised that until the tenant is back on their feet both emotionally and financially, she would continue to provide financial support, viewing the tenancy as important to the tenant’s recovery.
The tenants mother confirmed that the tenant maintained regular contact with their doctor and had been referred to a local community mental health provider, with whom they had had a previous involvement, and that she was taking the tenant to another assessment today.
The tenant stated that the tenancy agreement allowed for two occupants, and that as the joint tenant had left, they wished to have a flatmate. The tenancy agreement contains a clause that the tenant may not sublet or part with possession of the property without the landlord’s consent. It appears that the tenant has been making applications to the landlord for someone they view as suitable to join as a joint tenant, although, it does not appear that the agreement bars the tenant having a flatmate or boarder.
The tenant states the relationship breakdown had been a traumatic experience, resulting in a significant decline in their mental health. This was confirmed by the tenant’s mother. Prior to that, the rent summary shows that the rent was paid regularly, and no previous rent breaches had occurred. They state given the opportunity they would seek financial assistance from WINZ, continue their treatment regime and ongoing engagement and support from community mental health services, and that they were confident they could remedy the arrears and meet their rent obligations going forward.
The landlord states that the tenant falling into rent arrears resulted in hardship to the owners, who had mortgage obligations. The landlord is a limited liability company. While they have empathy for the tenant’s position, demonstrated by [The landlord’s representative] today, they are not convinced that moving forward they will meet their obligations to pay rent.
Having heard from the tenant and their mother, I am satisfied by a narrow margin that the tenant 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.
The tenant must understand that if they breach the terms of the order the tenancy will end immediately. It will be in the tenant’s best interest to clear the arrears as soon as possible.
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) of the Act. Assault and interference matters.
It is clear from observing the tenant that their neurodiversity has brought them into conflict with their immediate neighbours, who are also tenants of the landlord.
Under section 40(2)(c) of the Act, tenants must not interfere with the reasonable peace, comfort, and privacy of any of the landlord’s other tenants. A landlord may issue a tenant a 14 day notice to stop breaching this obligation. If the tenant fails to comply, the landlord may file an application under section 56(1) of the Act for termination of the tenancy.
If a breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breaches before it will exercise its discretion to terminate.
Section 55(1)(c) states that the Tribunal shall terminate the tenancy if the tenant has assaulted or threatened to assault any neighbour of the property. Decision
The issue with these claims is the sufficiency of evidence. The landlord has provided only a brief summary of the complaints, including the assault complaint. Apart from a heavily redacted 105 online police report, which is not about the assault allegation, which is undated, there are no dates or times of the alleged interferences, no statements, emails, letters, or any other evidence from the affected neighbours. There is simply insufficient evidence to establish the claims, and they are dismissed. Damage
The damage claim concerns a cracked window in the kitchen in which the kitchen extractor fan is located. The landlord has produced a quote to repair the window. However, the tenant states that the damage has since been repaired. This was confirmed by the tenant’s mother, and a photograph has been produced. The claim for the window is declined. Costs
As the landlord has been substantially successful, I order reimbursement of the filing fee. Name suppression.
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been substantially successful and is granted name suppression.
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
Having observed the tenant during these proceedings, and having heard from the tenant and their mother, it is clear that name suppression for the tenant is appropriate. Accordingly, orders are also made suppressing the tenant’s name and details.

Tenancy Tribunal case 5134688 — Rent arrears

At a glance

Tenancy Tribunal case 5134688 — Rent arrears

At a glance

Award balance

Claims & awards

Order

ORDER

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

ORDER

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions