What was Tenancy Tribunal case 5158771 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 5158771?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,440.00 awarded to landlord

What type of tenancy dispute was case 5158771?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5158771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11543229-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5158771 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 5158771?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,440.00 awarded to landlord

What type of tenancy dispute was case 5158771?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5158771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11543229-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5158771 — Rent arrears

Claims and awards in Tenancy Tribunal application 5158771 — net $1,467.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/03/2025	$4,440.00	Rent arrears to 11/03/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,467.00
Total payable by Tenant to Landlord	$1,467.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Tracy Hope Sefton at [Tenancy address suppressed] is terminated, and possession is granted to [The applicant/s], at 11:59pm on Sunday 27 April 2025 (“the final termination date”).
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The applicant/s] immediately.
Tracy Hope Sefton owes [The landlord/s] $1,467.00, calculated as shown in the table below:
Tracy Hope Sefton must pay rent and the debt as follows: a. By weekly payments of $750.00 for rent on Wednesday every week starting from 12/03/2025 and continuing until 23 April 2025, and b. Payment of $1,467.00 for the debt due on Monday 28 April 2025.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay weekly rent within 1 working day of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises, and b. The balance of the debt will be payable immediately.
The landlord may enter all and any parts of the tenancy premises at 2:00pm on Sunday 9 March 2025 to conduct an inspection. The tenant does not have to be present but may choose to be.
The dog/s at the premises must be securely restrained for the entire time that the landlord is at the premises for the purposes of any lawful entry.
The landlord and tenant agree to set times and dates for no less than two open homes before the final termination date to allow prospective tenants to view the property. The tenant agrees to maintain the premises in a reasonably clean and tidy condition for the viewings.
The tenant agrees that, before the end of the tenancy:- a. The broken glass panels in the front door will be repaired, and b. The cabin will be removed, and grass seed applied to any areas of damaged or dead lawn.
This matter is determined as indicated by the orders above, but the landlord is allowed until 5:00pm on Monday 7 April 2025 within which, if there are further instances of the tenant refusing entry into the premises or not securing the dogs during lawful entry periods, they can email the Tribunal at hamiltontt@justice.govt.nz and request that the application be urgently brought back before the Tribunal and the matter will be re-opened. The Tribunal will then consider immediate termination of the tenancy.

Reasons

Both parties attended the hearing held in person today.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The landlord also claims exemplary damages and says that the tenant has not allowed them entry to the premises when they were entitled to enter.
The tenancy started on 13 December 2023.
The tenant raised some concerns about the house at the hearing. She has not filed her own cross-application as she said she did not want to jeopardise her tenancy.
Usually, the Tribunal needs a formal application to be made before it can consider any concerns or complaints. However, if a serious complaint is raised that is closely linked to the landlord claim and relevant to why rent is in arrears, then the Tribunal must consider this before making a termination or rent arrears order.
An example of a closely linked claim is where a broken toilet caused seepage under the house to the extent that the council had declared the house insanitary (O’Shea v Brown (HC) Auckland, AP110-PL01, 14 December 2001).
For this reason, I asked the tenant more about her concerns.
She presented a report from an organisation which assists with healthy housing (“the tenant’s report”). She also said she was concerned about the amount of condensation on the windows in winter and the need to frequently clean mould. She notes that the kitchen tap is loose and there is a “patch” in one place on the wooden flooring. She reports that her young child is often unwell.
The landlord has provided a ‘Healthy Homes Standards: Certificate of Compliance’ dated 13 April 2023. I noted that the tenancy agreement does not include the legally required and signed compliance statements (required by section 13A Residential Tenancies Act 1986 (RTA).
The lack of signed compliance statements is a breach of the RTA but for the purposes of this hearing, I am satisfied that the landlord has shown that the premises comply with the healthy homes’ standards. 1
The tenant’s evidence does not reveal issues so significant that they would result in her being unable to pay the rent. The tenant accepts that the difficulties paying rent have been related to a relationship separation.
I am satisfied that it is fair to consider the landlord’s claim.

How much rent is owing?

The landlord supplied rent records today and I allowed both parties time to check that these were correct. I find that the tenant owes rent of $4,440.00 up to 11 March 2025. 1 Residential Tenancies (Healthy Homes Standards) Regulations 2019.

Should the tenancy be terminated or should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
A conditional order allows a tenancy to continue if repayment of the debt is made. The tenant wants to pursue this option, but the landlord does not agree.

Has the tenant failed to allow the landlord entry to the premises?

There have been other difficulties apart from the rent.
In particular, the landlord says that the tenant has not allowed them entry to the premises when they were entitled to enter.
I explained to the tenant today that a landlord has the right to enter tenancy premises to conduct an inspection or do repairs and a tenant cannot refuse this. A tenant does not have to be present when a landlord is at tenancy premises. See section 48(1) and (2) Residential Tenancies Act 1986.
It is an unlawful act for a tenant to fail to allow a landlord entry (unless there is a reasonable excuse) and exemplary damages (a fine) may be awarded up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A Residential Tenancies Act 1986.
The email and text evidence shows the landlord has made numerous attempts over more than a year to negotiate inspection times that suit the tenant. She says she has been successful on only one occasion and could not inspect the sleep- out that day as the tenant said the keys were lost.
The landlord is now worried about the condition of the house and sleep-out.
The tenant has not outright refused entry to the landlord. The evidence shows she has frequently asked to change times, or replied to say that if the landlord comes at the arranged time that she will be out, and her dogs will be loose at the property.
The landlord says the last straw was when she went to the property this week and another adult at the address refused her entry in a way that she found intimidating. The tenant said she was at work at the time.
My decision is that the tenant has breached section 48 by failing to allow the landlord entry when she is entitled to enter. Leaving her dogs unleashed at the tenancy premises at the time of a scheduled inspection has the effect of failing to allow the landlord entry. If another adult is at the premises with the tenant’s permission, then anything they do is treated as if the tenant has done it; section 41 RTA.
The landlord has asked that I award a financial penalty.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
I have decided not to award exemplary damages on this occasion. Mainly, this is because the tenant has not outright refused entry. Also, the tenant said she genuinely did not realise she was required to make sure her dogs were secure so that the landlord could safely enter the property.
I accept her explanation. However, she is now aware of the law. Orders to be made
I have decided that the tenancy must be terminated.
The parties have negotiated a final termination date on condition that weekly rent is paid until then.
I have also made orders setting an inspection date and about securing the dogs and other end of tenancy matters.
If there are further problems with entry or the dogs, the landlord may, before 5:00pm on Monday 7 April 2025, request an urgent hearing.
The bond is refunded to the landlord immediately.
The tenant can arrange payment of the balance after she has moved out.
It will help both parties by avoiding another application and costs if the tenant can leave the premises reasonably clean and tidy and remove all belongings and rubbish.

Claims and awards in Tenancy Tribunal application 5158771 — net $1,467.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/03/2025	$4,440.00	Rent arrears to 11/03/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,467.00
Total payable by Tenant to Landlord	$1,467.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Tracy Hope Sefton at [Tenancy address suppressed] is terminated, and possession is granted to [The applicant/s], at 11:59pm on Sunday 27 April 2025 (“the final termination date”).
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The applicant/s] immediately.
Tracy Hope Sefton owes [The landlord/s] $1,467.00, calculated as shown in the table below:
Tracy Hope Sefton must pay rent and the debt as follows: a. By weekly payments of $750.00 for rent on Wednesday every week starting from 12/03/2025 and continuing until 23 April 2025, and b. Payment of $1,467.00 for the debt due on Monday 28 April 2025.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay weekly rent within 1 working day of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises, and b. The balance of the debt will be payable immediately.
The landlord may enter all and any parts of the tenancy premises at 2:00pm on Sunday 9 March 2025 to conduct an inspection. The tenant does not have to be present but may choose to be.
The dog/s at the premises must be securely restrained for the entire time that the landlord is at the premises for the purposes of any lawful entry.
The landlord and tenant agree to set times and dates for no less than two open homes before the final termination date to allow prospective tenants to view the property. The tenant agrees to maintain the premises in a reasonably clean and tidy condition for the viewings.
The tenant agrees that, before the end of the tenancy:- a. The broken glass panels in the front door will be repaired, and b. The cabin will be removed, and grass seed applied to any areas of damaged or dead lawn.
This matter is determined as indicated by the orders above, but the landlord is allowed until 5:00pm on Monday 7 April 2025 within which, if there are further instances of the tenant refusing entry into the premises or not securing the dogs during lawful entry periods, they can email the Tribunal at hamiltontt@justice.govt.nz and request that the application be urgently brought back before the Tribunal and the matter will be re-opened. The Tribunal will then consider immediate termination of the tenancy.

Reasons

Both parties attended the hearing held in person today.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The landlord also claims exemplary damages and says that the tenant has not allowed them entry to the premises when they were entitled to enter.
The tenancy started on 13 December 2023.
The tenant raised some concerns about the house at the hearing. She has not filed her own cross-application as she said she did not want to jeopardise her tenancy.
Usually, the Tribunal needs a formal application to be made before it can consider any concerns or complaints. However, if a serious complaint is raised that is closely linked to the landlord claim and relevant to why rent is in arrears, then the Tribunal must consider this before making a termination or rent arrears order.
An example of a closely linked claim is where a broken toilet caused seepage under the house to the extent that the council had declared the house insanitary (O’Shea v Brown (HC) Auckland, AP110-PL01, 14 December 2001).
For this reason, I asked the tenant more about her concerns.
She presented a report from an organisation which assists with healthy housing (“the tenant’s report”). She also said she was concerned about the amount of condensation on the windows in winter and the need to frequently clean mould. She notes that the kitchen tap is loose and there is a “patch” in one place on the wooden flooring. She reports that her young child is often unwell.
The landlord has provided a ‘Healthy Homes Standards: Certificate of Compliance’ dated 13 April 2023. I noted that the tenancy agreement does not include the legally required and signed compliance statements (required by section 13A Residential Tenancies Act 1986 (RTA).
The lack of signed compliance statements is a breach of the RTA but for the purposes of this hearing, I am satisfied that the landlord has shown that the premises comply with the healthy homes’ standards. 1
The tenant’s evidence does not reveal issues so significant that they would result in her being unable to pay the rent. The tenant accepts that the difficulties paying rent have been related to a relationship separation.
I am satisfied that it is fair to consider the landlord’s claim.

How much rent is owing?

The landlord supplied rent records today and I allowed both parties time to check that these were correct. I find that the tenant owes rent of $4,440.00 up to 11 March 2025. 1 Residential Tenancies (Healthy Homes Standards) Regulations 2019.

Should the tenancy be terminated or should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
A conditional order allows a tenancy to continue if repayment of the debt is made. The tenant wants to pursue this option, but the landlord does not agree.

Has the tenant failed to allow the landlord entry to the premises?

There have been other difficulties apart from the rent.
In particular, the landlord says that the tenant has not allowed them entry to the premises when they were entitled to enter.
I explained to the tenant today that a landlord has the right to enter tenancy premises to conduct an inspection or do repairs and a tenant cannot refuse this. A tenant does not have to be present when a landlord is at tenancy premises. See section 48(1) and (2) Residential Tenancies Act 1986.
It is an unlawful act for a tenant to fail to allow a landlord entry (unless there is a reasonable excuse) and exemplary damages (a fine) may be awarded up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A Residential Tenancies Act 1986.
The email and text evidence shows the landlord has made numerous attempts over more than a year to negotiate inspection times that suit the tenant. She says she has been successful on only one occasion and could not inspect the sleep- out that day as the tenant said the keys were lost.
The landlord is now worried about the condition of the house and sleep-out.
The tenant has not outright refused entry to the landlord. The evidence shows she has frequently asked to change times, or replied to say that if the landlord comes at the arranged time that she will be out, and her dogs will be loose at the property.
The landlord says the last straw was when she went to the property this week and another adult at the address refused her entry in a way that she found intimidating. The tenant said she was at work at the time.
My decision is that the tenant has breached section 48 by failing to allow the landlord entry when she is entitled to enter. Leaving her dogs unleashed at the tenancy premises at the time of a scheduled inspection has the effect of failing to allow the landlord entry. If another adult is at the premises with the tenant’s permission, then anything they do is treated as if the tenant has done it; section 41 RTA.
The landlord has asked that I award a financial penalty.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
I have decided not to award exemplary damages on this occasion. Mainly, this is because the tenant has not outright refused entry. Also, the tenant said she genuinely did not realise she was required to make sure her dogs were secure so that the landlord could safely enter the property.
I accept her explanation. However, she is now aware of the law. Orders to be made
I have decided that the tenancy must be terminated.
The parties have negotiated a final termination date on condition that weekly rent is paid until then.
I have also made orders setting an inspection date and about securing the dogs and other end of tenancy matters.
If there are further problems with entry or the dogs, the landlord may, before 5:00pm on Monday 7 April 2025, request an urgent hearing.
The bond is refunded to the landlord immediately.
The tenant can arrange payment of the balance after she has moved out.
It will help both parties by avoiding another application and costs if the tenant can leave the premises reasonably clean and tidy and remove all belongings and rubbish.

Tenancy Tribunal case 5158771 — Rent arrears

At a glance

Tenancy Tribunal case 5158771 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much rent is owing?

Should the tenancy be terminated or should a conditional termination order be made?

Has the tenant failed to allow the landlord entry to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much rent is owing?

Should the tenancy be terminated or should a conditional termination order be made?

Has the tenant failed to allow the landlord entry to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions