How much money was awarded in case 5202452?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $974.28 awarded to landlord

What type of tenancy dispute was case 5202452?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5202452?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11722666-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5202452?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $974.28 awarded to landlord

What type of tenancy dispute was case 5202452?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5202452?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11722666-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5202452 — Rent arrears

Q: What was Tenancy Tribunal case 5202452 about?

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

Order

Claims and awards in Tenancy Tribunal application 5202452 — net $1,001.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2025	$974.28	Rent arrears to 15 April 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,001.28
Total payable by Tenant to Landlord	$1,001.28

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] $1,001.28 (being rent arrears to 15 April 2025 of $974.28 plus reimbursement of the $27.00 filing fee, “the debt”).

[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $630.00, being $580.00 for rent and $50.00 for the debt. b. Payments will be every Friday, with the first payment on Friday 18/04/2025 and continuing until the debt is paid in full.

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.

If the tenant fails to pay the filing fee within 2 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 and refund of the bond.

The tenancy commenced on 12 May 2023. The landlord has issued several notices for rent arrears, the most recent being on 28 February 2025, 09 March 2025, and 14 March 2025. The notice dated 28 February 2025 was not remedied. The notices issued on 09 March 2025 and 14 March 2025 were remedied by a lump sum payment, which briefly took the tenant out of arrears and into credit. However, the tenant has since failed to make the rent payments due on 04 April 2025 and 11 April 2025.

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.

The breach in this case is the tenant’s failure to remedy the 14-day breach notice issued 28 February 2025. The landlord states that since the commencement of the tenancy they have issued around twenty breach notices for rent arrears and have entered into previous payment agreements which the tenant has then failed to meet. At a glance, the rent summary provided shows that since the commencement of the tenancy the tenant has alternated between being in arrears, in advance, and up to date.

There are grounds to terminate the tenancy, and, in the circumstances, it would be inequitable to refuse.

Despite finding that it would be inequitable to refuse to terminate a tenancy, the Tribunal may, under section 78(3) of the Act, make a conditional termination order if satisfied that the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach.

The tenant wishes to repay the debt to avoid immediate termination.

The tenant is a single parent has two children and works full time. The tenant states they are struggling to make ends meet and are looking for more affordable accommodation, but are, in the interim, highly motivated to maintain the current tenancy. The landlord accepts that a conditional termination order is appropriate in the circumstances.

By the narrowest of margins, I am satisfied there are sufficient grounds to grant a conditional termination. It has been stressed to the tenant that this is a final opportunity. If the terms of the conditional order are breached, the tenancy will end without the landlord having to make another application to the Tribunal.

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.

As the landlord 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 5202452 — net $1,001.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2025	$974.28	Rent arrears to 15 April 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,001.28
Total payable by Tenant to Landlord	$1,001.28

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] $1,001.28 (being rent arrears to 15 April 2025 of $974.28 plus reimbursement of the $27.00 filing fee, “the debt”).
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $630.00, being $580.00 for rent and $50.00 for the debt. b. Payments will be every Friday, with the first payment on Friday 18/04/2025 and continuing until the debt is paid in full.
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.
If the tenant fails to pay the filing fee within 2 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 and refund of the bond.
The tenancy commenced on 12 May 2023. The landlord has issued several notices for rent arrears, the most recent being on 28 February 2025, 09 March 2025, and 14 March 2025. The notice dated 28 February 2025 was not remedied. The notices issued on 09 March 2025 and 14 March 2025 were remedied by a lump sum payment, which briefly took the tenant out of arrears and into credit. However, the tenant has since failed to make the rent payments due on 04 April 2025 and 11 April 2025.
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.
The breach in this case is the tenant’s failure to remedy the 14-day breach notice issued 28 February 2025. The landlord states that since the commencement of the tenancy they have issued around twenty breach notices for rent arrears and have entered into previous payment agreements which the tenant has then failed to meet. At a glance, the rent summary provided shows that since the commencement of the tenancy the tenant has alternated between being in arrears, in advance, and up to date.
There are grounds to terminate the tenancy, and, in the circumstances, it would be inequitable to refuse.
Despite finding that it would be inequitable to refuse to terminate a tenancy, the Tribunal may, under section 78(3) of the Act, make a conditional termination order if satisfied that the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach.
The tenant wishes to repay the debt to avoid immediate termination.
The tenant is a single parent has two children and works full time. The tenant states they are struggling to make ends meet and are looking for more affordable accommodation, but are, in the interim, highly motivated to maintain the current tenancy. The landlord accepts that a conditional termination order is appropriate in the circumstances.
By the narrowest of margins, I am satisfied there are sufficient grounds to grant a conditional termination. It has been stressed to the tenant that this is a final opportunity. If the terms of the conditional order are breached, the tenancy will end without the landlord having to make another application to the Tribunal.
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.
As the landlord 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 5202452 — Rent arrears

At a glance

Tenancy Tribunal case 5202452 — 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