What was Tenancy Tribunal case 5155337 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 5155337?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,627.39 awarded to landlord

What type of tenancy dispute was case 5155337?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5155337?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11626445-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5155337 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 5155337?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,627.39 awarded to landlord

What type of tenancy dispute was case 5155337?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5155337?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11626445-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5155337 — Rent arrears

Claims and awards in Tenancy Tribunal application 5155337 — net $4,334.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 March 2025	$6,627.39	Rent arrears to 26 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,334.39
Total payable by Tenant to Landlord	$4,334.39

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Amy Bradley and Justin Lewis owes [The landlord] $4,334.39, calculated as shown in table below (“the debt”).
The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to [The landlord] immediately.
Amy Bradley and Justin Lewis must repay the debt by making one payment of $4,334.39 by Monday 31 March 2025 at 5pm. If they fail to make this payment within 2 working days of the due date, their tenancy will terminate immediately.
Amy Bradley and Justin Lewis must pay their next rent payment of $600.00 on time, being Thursday 27 March at 5pm. If they fail to make this payment within 2 working days of the due date, their tenancy will terminate immediately.
Amy Bradley and Justin Lewis have confirmed to the Tribunal that they will take a copy of this Order to Work and Income New Zealand (WINZ) and authorise their $600.00 weekly rent repayments to be deducted directly from their WINZ benefit and paid to Rent 2.0 Limited to its bank account. [Name suppressed] can be contacted by WINZ on [details suppressed] or by email to [details suppressed] if WINZ requires any additional information to set up the direct debit. The first direct debit must be made by 5pm on Thursday 3 April 2025. If this payment is not made within 2 working days of the due date, the tenancy will terminate immediately.
The landlord must provide the tenants with the correct bank account number for the account the landlord requires WINZ to directly pay the tenants rent payment into. The landlord must provide this bank account number to the tenants in writing within 24 hours of this Order being issued.

Reasons

Both parties attended the hearing today, albeit the landlord was 15 minutes late in appearing and somewhat disorganised.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee. The tenants want to repay the debt to avoid immediate termination of their tenancy.

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 tenant breached their obligations by failing to pay their rent in full and on time over a lengthy period. As at the date the landlord made its application to the Tribunal, the rent was more than 21 days in arrears, but I am not satisfied that the tenants have received an accurate rent summary for some time. They did not know at today’s hearing how much rent they owed. In addition, the landlord provided two conflicting rent arrear amounts to the Tribunal and had to manually calculate the rent arrears during the hearing. For those reasons I refused to terminate the tenancy immediately, as I do not believe it is equitable in all the circumstances to do so.
The tenants have asked for time to speak to WINZ about how they may assist the tenants to remain in the tenancy. I am satisfied the tenants will pay the debt within the period specified in the Order and are unlikely to commit any further breach, as they have agreed to WINZ paying their rent directly from their combined benefit before the tenants receive the remainder of their benefit. I have granted a conditional termination for all the reasons I have set out in paragraphs [4] and [5] above. 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. Reimbursement of filing fee
Because the applicant has substantially succeeded with its claims, I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 5155337 — net $4,334.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 March 2025	$6,627.39	Rent arrears to 26 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,334.39
Total payable by Tenant to Landlord	$4,334.39

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Amy Bradley and Justin Lewis owes [The landlord] $4,334.39, calculated as shown in table below (“the debt”).
The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to [The landlord] immediately.
Amy Bradley and Justin Lewis must repay the debt by making one payment of $4,334.39 by Monday 31 March 2025 at 5pm. If they fail to make this payment within 2 working days of the due date, their tenancy will terminate immediately.
Amy Bradley and Justin Lewis must pay their next rent payment of $600.00 on time, being Thursday 27 March at 5pm. If they fail to make this payment within 2 working days of the due date, their tenancy will terminate immediately.
Amy Bradley and Justin Lewis have confirmed to the Tribunal that they will take a copy of this Order to Work and Income New Zealand (WINZ) and authorise their $600.00 weekly rent repayments to be deducted directly from their WINZ benefit and paid to Rent 2.0 Limited to its bank account. [Name suppressed] can be contacted by WINZ on [details suppressed] or by email to [details suppressed] if WINZ requires any additional information to set up the direct debit. The first direct debit must be made by 5pm on Thursday 3 April 2025. If this payment is not made within 2 working days of the due date, the tenancy will terminate immediately.
The landlord must provide the tenants with the correct bank account number for the account the landlord requires WINZ to directly pay the tenants rent payment into. The landlord must provide this bank account number to the tenants in writing within 24 hours of this Order being issued.

Reasons

Both parties attended the hearing today, albeit the landlord was 15 minutes late in appearing and somewhat disorganised.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee. The tenants want to repay the debt to avoid immediate termination of their tenancy.

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 tenant breached their obligations by failing to pay their rent in full and on time over a lengthy period. As at the date the landlord made its application to the Tribunal, the rent was more than 21 days in arrears, but I am not satisfied that the tenants have received an accurate rent summary for some time. They did not know at today’s hearing how much rent they owed. In addition, the landlord provided two conflicting rent arrear amounts to the Tribunal and had to manually calculate the rent arrears during the hearing. For those reasons I refused to terminate the tenancy immediately, as I do not believe it is equitable in all the circumstances to do so.
The tenants have asked for time to speak to WINZ about how they may assist the tenants to remain in the tenancy. I am satisfied the tenants will pay the debt within the period specified in the Order and are unlikely to commit any further breach, as they have agreed to WINZ paying their rent directly from their combined benefit before the tenants receive the remainder of their benefit. I have granted a conditional termination for all the reasons I have set out in paragraphs [4] and [5] above. 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. Reimbursement of filing fee
Because the applicant has substantially succeeded with its claims, I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 5155337 — Rent arrears

At a glance

Tenancy Tribunal case 5155337 — 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