What was Tenancy Tribunal case 5155635 about?

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

How much money was awarded in case 5155635?

Filing Fee: $27.00 awarded to landlord; Water Rates: $365.15 awarded to landlord

What type of tenancy dispute was case 5155635?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5155635?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11496796-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5155635 about?

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

How much money was awarded in case 5155635?

Filing Fee: $27.00 awarded to landlord; Water Rates: $365.15 awarded to landlord

What type of tenancy dispute was case 5155635?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5155635?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11496796-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5155635 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5155635. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$365.15		Water rates
Filing fee reimbursement	$27.00		Filing fee reimbursement

The landlord attended the hearing. The Tribunal called the tenant on the cell phone number provided for her in the application, but the calls diverted to voicemail. I am satisfied that the tenant received notice of the hearing and chose not to attend.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986 (RTA).

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.

The tenant has breached their obligations by incurring rent arrears and outstanding water rates. The landlord served a 14-day notice on the tenant on 29 January 2025. The tenant has since remedied the rent arrears but has not paid outstanding water rates which total $365.15 as shown in records provided by the landlord.

In the circumstances, the landlord does not seek termination of the tenancy and I consider it would not be fair and equitable to terminate the tenancy. Therefore, an order for payment of the water rates only is made.

The landlord notes that the next rent payment is due on Saturday 1 March 2025. Should the tenant fail to make payment, the landlord may file a further application for termination. Where there is a pattern of arrears and a tenant fails to comply with a 14-day notice, the Tribunal terminate the tenancy under section 56 RTA, even if arrears are less than 21 days. Where the rent is at least 21 days in arrears, termination can be ordered under section 55(1)(a) RTA.

Under section 95A(1) RTA, 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. Under s95A(4), the Tribunal may on its own initiative, having regard to the interests of the parties and to the public interest, order that the name or any identifying particulars of any party not be published.

The landlord has applied for and is entitled to suppression, having substantially succeeded. The tenant paid off the arrears so that a termination order was not made. Therefore, she has also substantially succeeded in defending that claim.. While there are water rates outstanding, I also consider publication of the order for payment of water rates is not in the Public interest and I order suppression of the tenant’s name and identifying details as well.

Reasons

Claims and awards in Tenancy Tribunal application 5155635. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$365.15		Water rates
Filing fee reimbursement	$27.00		Filing fee reimbursement

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

Tenancy Tribunal case 5155635 — Rent arrears

At a glance

Tenancy Tribunal case 5155635 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions