How much money was awarded in case 5220173?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,725.02 awarded to landlord; Water Rates: $246.29 awarded to landlord

What type of tenancy dispute was case 5220173?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5220173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880220-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5220173?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,725.02 awarded to landlord; Water Rates: $246.29 awarded to landlord

What type of tenancy dispute was case 5220173?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5220173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880220-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5220173 — Rent arrears

Q: What was Tenancy Tribunal case 5220173 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 5220173 — net $3,998.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 May 2025	$3,725.02	Rent arrears to 22 May 2025
Water rates	$246.29	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,998.31
Total payable by Tenant to Landlord	$3,998.31

An application for suppression has been made in this case, and the Tribunal orders suppression of [The landlord/s] name and identifying details.

Schjaan Leewes owes [The landlord/s] $3,998.31 (“the debt”).

Schjaan Leewes must pay current rent and the debt as follows: a. By 13 fortnightly payments of $1,000.00, being $700.00 for current rent and $300.00 for the debt. b. A final payment of $798.31, being $700.00 for current rent and $98.31 for the debt. c. Payments will be every other Wednesday, with the first payment on 28/05/2025 and continuing until 26/11/2025.

Payments will be allocated in the following order: current rent, rent arrears, water rates, and the filing fee.

If the tenant fails to pay current rent, rent arrears, and water rates 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. DescriptionLandlord Rent arrears to 22 May 2025$3,725.02 Water rates$246.29 Filing fee reimbursement$27.00 Total award$3,998.31 Total payable by Tenant to Landlord$3,998.31

Reasons

Both parties attended the hearing via teleconference.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

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.

Ms Leewes explained that she fell into rent arrears due to a 13-week stand- down period after transitioning from full-time work to receiving benefits, as she is 8.5 months pregnant. She proposed a repayment plan of an additional $300 fortnightly on top of her regular $700 rent to clear the arrears, starting from the following Wednesday on 28 May 2025. She also offered to pay the outstanding water rates of $246.29 immediately today (22 May 2025). Ms Leewes emphasised her intention to repay the full amount and requested to remain in the property, noting her 14-year tenancy and the shock of receiving a 90-day notice. She mentioned an upcoming appointment with Work and Income (WINZ) to seek financial assistance but could not guarantee a lump-sum payment.

[The landlord’s representative], representing the landlord, submitted that the tenancy should be terminated due to the rent arrears, which were 21 days overdue at the time of the application. She highlighted that promises to pay had been made before without resolution and noted that the 90-day notice period was already in effect, with the tenancy set to end soon. [The landlord’s representative] opposed Ms Leewes' repayment plan, insisting on seeking a possession order instead. She expressed scepticism about WINZ providing sufficient assistance to cover the arrears promptly and emphasised the landlord's right to terminate the tenancy based on the existing arrears.

I acknowledged [The landlord’s representative]'s instructions from her client regarding the termination of the tenancy due to rent arrears. However, I considered a conditional order more appropriate in the circumstances: if Ms Leewes failed to meet her repayment plan, the tenancy would be terminated without further tribunal involvement. This approach is aimed at balancing her client’s rights with the tenant's circumstances, particularly her pregnancy and financial difficulties.

I emphasised the importance of compliance with the conditional order, and warned Ms Leewes that failure to pay as agreed would result in termination of the tenancy.

I also remind Ms Leewes to keep her promise that she will pay the water rates of $246.29 today.

Accordingly, 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 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) Residential Tenancies Act 1986. Filing fee

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

Because [The landlord/s] has wholly succeeded in proceedings I have granted the suppression application.

Claims and awards in Tenancy Tribunal application 5220173 — net $3,998.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 May 2025	$3,725.02	Rent arrears to 22 May 2025
Water rates	$246.29	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,998.31
Total payable by Tenant to Landlord	$3,998.31

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of [The landlord/s] name and identifying details.
Schjaan Leewes owes [The landlord/s] $3,998.31 (“the debt”).
Schjaan Leewes must pay current rent and the debt as follows: a. By 13 fortnightly payments of $1,000.00, being $700.00 for current rent and $300.00 for the debt. b. A final payment of $798.31, being $700.00 for current rent and $98.31 for the debt. c. Payments will be every other Wednesday, with the first payment on 28/05/2025 and continuing until 26/11/2025.
Payments will be allocated in the following order: current rent, rent arrears, water rates, and the filing fee.
If the tenant fails to pay current rent, rent arrears, and water rates 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. DescriptionLandlord Rent arrears to 22 May 2025$3,725.02 Water rates$246.29 Filing fee reimbursement$27.00 Total award$3,998.31 Total payable by Tenant to Landlord$3,998.31

Reasons

Both parties attended the hearing via teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

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.
Ms Leewes explained that she fell into rent arrears due to a 13-week stand- down period after transitioning from full-time work to receiving benefits, as she is 8.5 months pregnant. She proposed a repayment plan of an additional $300 fortnightly on top of her regular $700 rent to clear the arrears, starting from the following Wednesday on 28 May 2025. She also offered to pay the outstanding water rates of $246.29 immediately today (22 May 2025). Ms Leewes emphasised her intention to repay the full amount and requested to remain in the property, noting her 14-year tenancy and the shock of receiving a 90-day notice. She mentioned an upcoming appointment with Work and Income (WINZ) to seek financial assistance but could not guarantee a lump-sum payment.
[The landlord’s representative], representing the landlord, submitted that the tenancy should be terminated due to the rent arrears, which were 21 days overdue at the time of the application. She highlighted that promises to pay had been made before without resolution and noted that the 90-day notice period was already in effect, with the tenancy set to end soon. [The landlord’s representative] opposed Ms Leewes' repayment plan, insisting on seeking a possession order instead. She expressed scepticism about WINZ providing sufficient assistance to cover the arrears promptly and emphasised the landlord's right to terminate the tenancy based on the existing arrears.
I acknowledged [The landlord’s representative]'s instructions from her client regarding the termination of the tenancy due to rent arrears. However, I considered a conditional order more appropriate in the circumstances: if Ms Leewes failed to meet her repayment plan, the tenancy would be terminated without further tribunal involvement. This approach is aimed at balancing her client’s rights with the tenant's circumstances, particularly her pregnancy and financial difficulties.
I emphasised the importance of compliance with the conditional order, and warned Ms Leewes that failure to pay as agreed would result in termination of the tenancy.
I also remind Ms Leewes to keep her promise that she will pay the water rates of $246.29 today.
Accordingly, 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 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) Residential Tenancies Act 1986. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Because [The landlord/s] has wholly succeeded in proceedings I have granted the suppression application.

Tenancy Tribunal case 5220173 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5220173 — 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

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions