What was Tenancy Tribunal case 5158573 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 5158573?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,221.43 awarded to landlord; Water Rates: $809.87 awarded to landlord

What type of tenancy dispute was case 5158573?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5158573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11721138-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5158573 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 5158573?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,221.43 awarded to landlord; Water Rates: $809.87 awarded to landlord

What type of tenancy dispute was case 5158573?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5158573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11721138-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5158573 — Rent arrears

Claims and awards in Tenancy Tribunal application 5158573 — net $4,058.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2025	$3,221.43	Rent arrears to 15 April 2025
Water rates to 03 April 2025	$809.87	Water rates to 03 April 2025
Reimbursement of filing fee	$27.00	Reimbursement of filing fee
Net award	$4,058.30
Total payable by Tenant to Landlord	$4,058.30

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and tenant’s name and identifying details.
[The tenant/s] owes [The landlord/s] $4,031.30 (Rent arrears to 15 April 2025 of $3,221.43, water rates to 03 April 2025 of $809.87, and the filing fee of $27.00 “the debt”).
[The tenant/s] must pay rent and the debt as follows: a. A lump sum payment of $ 3,104.00 (being $2,360.00 for rent arrears and $744.00 for water rates) by Friday 25 April 2025, b. Then by weekly payments of $690.00, being $590.00 for rent and $100.00 toward the debt commencing Friday 25 April 2025. c. Payments will be every Friday until the debt is paid in full.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If the tenant fails to pay rent and rent arrears within 3 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 3 working days of the due date, the filing fee will be payable immediately.

Reasons

The hearing was conducted by telephone. The tenant appeared. [ Property manager] appeared for the landlord.
The landlord has applied for termination of the tenancy, rent arrears, water rates, refund of the bond, and reimbursement of the filing fee.
The tenancy commenced on 15 June 2018.
The landlord has issued notices for rent arrears, the most recent being on 21 January 2025 and 18 February 2025. The notice dated 21 January 2025 was partially remedied; the notice issued on 18 February 2025 was not. The landlord’s application for termination is made under section 56(1) of the Residential Tenancies Act 1986 (The “Act”). Under this section, 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.
In cases where an application has been made under section 56(1), and the rent is at least 21 days in arrears on the date the application is heard, the Tribunal must, under section 56(2), treat the application as if it had been made under section 55(1) of the Act. Section 55(1) provides that if the rent is more than 21 days in arrears at the time the application was filed, the Tribunal must terminate the tenancy.
However, under section 55(1A), the Tribunal may refuse making a final termination order for non-payment of rent under section 55(1) 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 has failed to remedy the breach notices, and the rent arrears as at the date of hearing are more than 21 days. There are grounds to terminate the tenancy. However, the tenant wishes to repay the debt to avoid immediate termination.
The landlord has provided invoices confirming the outstanding water and wastewater rates up to 03 April 2025. The amounts claimed are for usage only and do not include fixed charges payable regardless of whether the services are used.
The tenant states they approached WINZ for assistance about three weeks ago and believed that they had agreed to cover four weeks of the rent arrears ($2,360.00), and the water rates outstanding at the time of ($744.00). The tenant also arranged for direct payments of $295.00 to be made from their benefit to the landlord on Monday’s, followed by a payment of $300.00 made by the tenant on Wednesdays.
The rent summary shows that the rent payments have been made, but that WINZ has not yet transferred the two lump sum payments to the landlord. The tenant states they have a telephone meeting with WINZ later this afternoon and hope to resolve the matter. The tenant states that, following receipt of the lump sum payments, moving forward that they will be in a position to make the weekly rent payments on time, and to pay an additional $100.00 toward the remaining debt.
The landlord accepts that a conditional termination order is appropriate in the circumstances.
Having heard from the parties and considered the material produced, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have therefore granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) of the Act. Costs.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression.
Both parties seek 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.
Assessed globally, I consider that both parties have been substantially successful, and both are entitled to name suppression.

Claims and awards in Tenancy Tribunal application 5158573 — net $4,058.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2025	$3,221.43	Rent arrears to 15 April 2025
Water rates to 03 April 2025	$809.87	Water rates to 03 April 2025
Reimbursement of filing fee	$27.00	Reimbursement of filing fee
Net award	$4,058.30
Total payable by Tenant to Landlord	$4,058.30

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and tenant’s name and identifying details.
[The tenant/s] owes [The landlord/s] $4,031.30 (Rent arrears to 15 April 2025 of $3,221.43, water rates to 03 April 2025 of $809.87, and the filing fee of $27.00 “the debt”).
[The tenant/s] must pay rent and the debt as follows: a. A lump sum payment of $ 3,104.00 (being $2,360.00 for rent arrears and $744.00 for water rates) by Friday 25 April 2025, b. Then by weekly payments of $690.00, being $590.00 for rent and $100.00 toward the debt commencing Friday 25 April 2025. c. Payments will be every Friday until the debt is paid in full.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If the tenant fails to pay rent and rent arrears within 3 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 3 working days of the due date, the filing fee will be payable immediately.

Reasons

The hearing was conducted by telephone. The tenant appeared. [ Property manager] appeared for the landlord.
The landlord has applied for termination of the tenancy, rent arrears, water rates, refund of the bond, and reimbursement of the filing fee.
The tenancy commenced on 15 June 2018.
The landlord has issued notices for rent arrears, the most recent being on 21 January 2025 and 18 February 2025. The notice dated 21 January 2025 was partially remedied; the notice issued on 18 February 2025 was not. The landlord’s application for termination is made under section 56(1) of the Residential Tenancies Act 1986 (The “Act”). Under this section, 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.
In cases where an application has been made under section 56(1), and the rent is at least 21 days in arrears on the date the application is heard, the Tribunal must, under section 56(2), treat the application as if it had been made under section 55(1) of the Act. Section 55(1) provides that if the rent is more than 21 days in arrears at the time the application was filed, the Tribunal must terminate the tenancy.
However, under section 55(1A), the Tribunal may refuse making a final termination order for non-payment of rent under section 55(1) 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 has failed to remedy the breach notices, and the rent arrears as at the date of hearing are more than 21 days. There are grounds to terminate the tenancy. However, the tenant wishes to repay the debt to avoid immediate termination.
The landlord has provided invoices confirming the outstanding water and wastewater rates up to 03 April 2025. The amounts claimed are for usage only and do not include fixed charges payable regardless of whether the services are used.
The tenant states they approached WINZ for assistance about three weeks ago and believed that they had agreed to cover four weeks of the rent arrears ($2,360.00), and the water rates outstanding at the time of ($744.00). The tenant also arranged for direct payments of $295.00 to be made from their benefit to the landlord on Monday’s, followed by a payment of $300.00 made by the tenant on Wednesdays.
The rent summary shows that the rent payments have been made, but that WINZ has not yet transferred the two lump sum payments to the landlord. The tenant states they have a telephone meeting with WINZ later this afternoon and hope to resolve the matter. The tenant states that, following receipt of the lump sum payments, moving forward that they will be in a position to make the weekly rent payments on time, and to pay an additional $100.00 toward the remaining debt.
The landlord accepts that a conditional termination order is appropriate in the circumstances.
Having heard from the parties and considered the material produced, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have therefore granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) of the Act. Costs.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression.
Both parties seek 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.
Assessed globally, I consider that both parties have been substantially successful, and both are entitled to name suppression.

Tenancy Tribunal case 5158573 — Rent arrears

At a glance

Tenancy Tribunal case 5158573 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions