What was Tenancy Tribunal case 5229611 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 5229611?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,407.14 awarded to landlord

What type of tenancy dispute was case 5229611?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5229611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12084867-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5229611 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 5229611?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,407.14 awarded to landlord

What type of tenancy dispute was case 5229611?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5229611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12084867-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5229611 — Rent arrears

Claims and awards in Tenancy Tribunal application 5229611 — net $1,434.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 July 2025	$1,407.14	Rent arrears to 12 July 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,434.14
Total payable by Tenant to Landlord	$1,434.14

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Allan Adam Brough must pay [The landlord/s] $1,434.14 immediately, as calculated in the table below:
The balance of the claim is dismissed.

Reasons

Both parties attended the phone hearing.
The landlord has applied for rent arrears and an order that the tenant pay the current rent of $500.
The tenant disputes that he is liable for $500 rent from 5 May 2024 as he says he was not served the rent increase notice by post to enable him to have a hard copy of the notice.
The tenant accepted that he had been emailed the rent increase notice on 5 March 2024. The tenant accepted that if I find that he was liable for rent at the rate of $500 per week, in accordance with the rent increase notice that the rent summary would be correct, because he has been paying $485 per week since the date the rent was to increase to $500.
Section 24 of the RTA relates to rent increases and the relevant provisions say: 24Rent increases (1)The rent payable in respect of any tenancy may be increased by the landlord provided all of the following conditions are complied with: (a)the landlord shall give the tenant notice in writing of the increase; and (b)that notice shall specify the amount of the increased rent and the day upon which the increased rent shall become payable; and (c)the day upon which the increased rent shall become payable shall be not less than 60 days (or, in the case of a boarding house tenancy, not less than 28 days) after the date on which that notice is given; and (d)the rent must not be increased within 12 months after the date of the commencement of the tenancy; and (e)the rent must not be increased within 12 months after the date on which the last increase took effect; ...
Section 136 of the RTA relates to service of documents, including rent increase notices. The relevant provision states: 136Service of documents (1)Where any notice or other document is required or authorised by this Act to be given to or served on a landlord or a tenant, it shall be sufficient if it is given or served in any of the following ways: (a)it may be given to or served on the landlord or the tenant personally: (b)it may be sent by post addressed to the landlord or the tenant at the address or the Post Office box given by the landlord or the tenant as an address for service in accordance with this Act:... ...(c)it may be delivered to the premises to which any address for service relates, and either placed in the mailbox or attached to the door in a prominent position:... ...(d)it may be transmitted to the electronic address given by the landlord or the tenant as an address for service. (emphasis added).
I find the notice complied with s 24 (1) of the RTA.
I find that the rent increase notice was served in accordance with the RTA to the tenant’s email address for service, as stated in the tenancy agreement. The landlord is not required to serve the rent increase notice personally if it is served by email to an email address given as an address for service. Rent arrears
The landlord has provided a rent summary to prove the amount owing as at 12 July 2025. I make an order for the rent due to 12 July 2025 (the current rent week) but note that a further rent payment of $485 should have been paid on 7 July 2025. Order that tenant correct rent payments
The landlord sought an order that the tenant pay rent at the rate of $500 or in accordance with any rent increase notice. I decline to make an order in these terms. I do not consider the Tribunal has jurisdiction to make an order on the terms sought. Section 40 (1) of the RTA says the tenant shall pay the rent as and when it is due and payable. There are options for the landlord under the RTA if this obligation is breached and I consider it is appropriate that any further failure to pay the full rent as and when due should be addressed in accordance with the provisions of the RTA.
For the sake of completeness, I record that the landlord applied for an order that the tenant respond to their attempts to communicate with him. While this was not sought at the hearing, I record that I consider there is no jurisdiction for the Tribunal to make an order on these terms. Request to amend application.
The landlord sought to amend the claim to termination one working day before the hearing. I declined to allow the application to be amended given the short period of time before the application and the hearing. The landlord may file a fresh application for termination if they seek to pursue this. Filing fee
The landlord sought reimbursement of the filing fee and as the landlord has been successful with the claim I make an order accordingly. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly.
The tenant did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5229611 — net $1,434.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 July 2025	$1,407.14	Rent arrears to 12 July 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,434.14
Total payable by Tenant to Landlord	$1,434.14

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Allan Adam Brough must pay [The landlord/s] $1,434.14 immediately, as calculated in the table below:
The balance of the claim is dismissed.

Reasons

Both parties attended the phone hearing.
The landlord has applied for rent arrears and an order that the tenant pay the current rent of $500.
The tenant disputes that he is liable for $500 rent from 5 May 2024 as he says he was not served the rent increase notice by post to enable him to have a hard copy of the notice.
The tenant accepted that he had been emailed the rent increase notice on 5 March 2024. The tenant accepted that if I find that he was liable for rent at the rate of $500 per week, in accordance with the rent increase notice that the rent summary would be correct, because he has been paying $485 per week since the date the rent was to increase to $500.
Section 24 of the RTA relates to rent increases and the relevant provisions say: 24Rent increases (1)The rent payable in respect of any tenancy may be increased by the landlord provided all of the following conditions are complied with: (a)the landlord shall give the tenant notice in writing of the increase; and (b)that notice shall specify the amount of the increased rent and the day upon which the increased rent shall become payable; and (c)the day upon which the increased rent shall become payable shall be not less than 60 days (or, in the case of a boarding house tenancy, not less than 28 days) after the date on which that notice is given; and (d)the rent must not be increased within 12 months after the date of the commencement of the tenancy; and (e)the rent must not be increased within 12 months after the date on which the last increase took effect; ...
Section 136 of the RTA relates to service of documents, including rent increase notices. The relevant provision states: 136Service of documents (1)Where any notice or other document is required or authorised by this Act to be given to or served on a landlord or a tenant, it shall be sufficient if it is given or served in any of the following ways: (a)it may be given to or served on the landlord or the tenant personally: (b)it may be sent by post addressed to the landlord or the tenant at the address or the Post Office box given by the landlord or the tenant as an address for service in accordance with this Act:... ...(c)it may be delivered to the premises to which any address for service relates, and either placed in the mailbox or attached to the door in a prominent position:... ...(d)it may be transmitted to the electronic address given by the landlord or the tenant as an address for service. (emphasis added).
I find the notice complied with s 24 (1) of the RTA.
I find that the rent increase notice was served in accordance with the RTA to the tenant’s email address for service, as stated in the tenancy agreement. The landlord is not required to serve the rent increase notice personally if it is served by email to an email address given as an address for service. Rent arrears
The landlord has provided a rent summary to prove the amount owing as at 12 July 2025. I make an order for the rent due to 12 July 2025 (the current rent week) but note that a further rent payment of $485 should have been paid on 7 July 2025. Order that tenant correct rent payments
The landlord sought an order that the tenant pay rent at the rate of $500 or in accordance with any rent increase notice. I decline to make an order in these terms. I do not consider the Tribunal has jurisdiction to make an order on the terms sought. Section 40 (1) of the RTA says the tenant shall pay the rent as and when it is due and payable. There are options for the landlord under the RTA if this obligation is breached and I consider it is appropriate that any further failure to pay the full rent as and when due should be addressed in accordance with the provisions of the RTA.
For the sake of completeness, I record that the landlord applied for an order that the tenant respond to their attempts to communicate with him. While this was not sought at the hearing, I record that I consider there is no jurisdiction for the Tribunal to make an order on these terms. Request to amend application.
The landlord sought to amend the claim to termination one working day before the hearing. I declined to allow the application to be amended given the short period of time before the application and the hearing. The landlord may file a fresh application for termination if they seek to pursue this. Filing fee
The landlord sought reimbursement of the filing fee and as the landlord has been successful with the claim I make an order accordingly. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly.
The tenant did not seek name suppression.

Tenancy Tribunal case 5229611 — Rent arrears

At a glance

Tenancy Tribunal case 5229611 — 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