What was Tenancy Tribunal case 5230874 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 5230874?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,438.00 awarded to landlord

What type of tenancy dispute was case 5230874?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5230874?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11843168-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5230874 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 5230874?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,438.00 awarded to landlord

What type of tenancy dispute was case 5230874?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5230874?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11843168-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5230874 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5230874 — net $6,465.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to today’s date	$6,438.00	Rent arrears to today’s date
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,465.00
Total payable by Tenant to Landlord	$6,465.00

Both parties attended the hearing which was held by telephone today.

The tenant is currently overseas receiving medical treatment. He tells me that he finds himself in a difficult position. The treatment that he is receiving has not worked as well as hoped. He needs further treatment. He had expected to be back in New Zealand in March but will now not be back until at least June. He cannot leave the country where he is receiving treatment as he will have a stand down for his visa and will have some difficulty getting back into that country. His Doctor has recommended that he remain in the overseas country.

As the tenant is out of the country MSD have stopped paying his rent. As a result, the rent has reverted to market rent, not income related rent. Whilst the tenant’s family members have been paying the income related rent of $152 per week, the rent has reverted to market rent of $840.00 per week which means that there is considerable shortfall per week.

[The landlord/s] are not funded for this shortfall. This means that they are paying the owner of the property $840.00 per week but only receiving $152.00 per week. They cannot absorb this cost as a not for profit social housing provider.

The landlord has applied for termination and possession of the premises on a number of grounds: a. That the tenant has failed to remedy a s56 notice for rent arrears within 14 days. b. That the rent is now more than 21 days in arrears; c. That the 90-day notice given on the 30 January has expired and the tenant’s remain in possession. Termination and possession.

I am satisfied that the tenancy terminated on the 30 April 2025 pursuant to the termination notice given to tenant by email on the 30 January 2025. The tenant accepted that he was given that termination notice and the landlord gave evidence that they could see that the notice was opened on the 30 January 2025.

As the tenancy has now terminated then I am satisfied that the landlord is entitled to possession. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

Even if I had not been satisfied that the tenancy ended on the 30 April by termination notice, then I would have ended the tenancy today because the tenant is more than 21 days in arrears, and the landlord has given the tenant a 14 day breach notice which remains unremedied.

The tenant’s family are living at the address. As the tenancy has ended, they will need to move out of the premises. Rent owed.

The landlord has proven the amount of rent owing as at today’s date by providing me with a rent ledger. Even though the tenancy ended on the 30 April the tenant remains liable until possession is returned to the landlord. See s60(1) RTA. Name suppression.

Both parties requested name suppression today and I grant suppression to both. The tenant’s situation is unique, and I consider that the tenant’s interests outweigh the public interest in this case, because the tenant’s situation has largely been out of his control, his treatment has taken longer, and he has found himself having to stay in the country providing treatment because of changing visa and entry requirements. The landlord has been successful and has asked for name suppression for both itself and the tenant and as the successful party the landlord is entitled to name suppression. Filing Fee

As the landlord has been mostly successful in its claim, I also award the landlord the filing fee.

Claims and awards in Tenancy Tribunal application 5230874 — net $6,465.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to today’s date	$6,438.00	Rent arrears to today’s date
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,465.00
Total payable by Tenant to Landlord	$6,465.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties’ name and identifying details.
is granted possession of the premises at immediately.
[The tenant/s] must pay

Reasons

Both parties attended the hearing which was held by telephone today.
The tenant is currently overseas receiving medical treatment. He tells me that he finds himself in a difficult position. The treatment that he is receiving has not worked as well as hoped. He needs further treatment. He had expected to be back in New Zealand in March but will now not be back until at least June. He cannot leave the country where he is receiving treatment as he will have a stand down for his visa and will have some difficulty getting back into that country. His Doctor has recommended that he remain in the overseas country.
As the tenant is out of the country MSD have stopped paying his rent. As a result, the rent has reverted to market rent, not income related rent. Whilst the tenant’s family members have been paying the income related rent of $152 per week, the rent has reverted to market rent of $840.00 per week which means that there is considerable shortfall per week.
[The landlord/s] are not funded for this shortfall. This means that they are paying the owner of the property $840.00 per week but only receiving $152.00 per week. They cannot absorb this cost as a not for profit social housing provider.
The landlord has applied for termination and possession of the premises on a number of grounds: a. That the tenant has failed to remedy a s56 notice for rent arrears within 14 days. b. That the rent is now more than 21 days in arrears; c. That the 90-day notice given on the 30 January has expired and the tenant’s remain in possession. Termination and possession.
I am satisfied that the tenancy terminated on the 30 April 2025 pursuant to the termination notice given to tenant by email on the 30 January 2025. The tenant accepted that he was given that termination notice and the landlord gave evidence that they could see that the notice was opened on the 30 January 2025.
As the tenancy has now terminated then I am satisfied that the landlord is entitled to possession. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
Even if I had not been satisfied that the tenancy ended on the 30 April by termination notice, then I would have ended the tenancy today because the tenant is more than 21 days in arrears, and the landlord has given the tenant a 14 day breach notice which remains unremedied.
The tenant’s family are living at the address. As the tenancy has ended, they will need to move out of the premises. Rent owed.
The landlord has proven the amount of rent owing as at today’s date by providing me with a rent ledger. Even though the tenancy ended on the 30 April the tenant remains liable until possession is returned to the landlord. See s60(1) RTA. Name suppression.
Both parties requested name suppression today and I grant suppression to both. The tenant’s situation is unique, and I consider that the tenant’s interests outweigh the public interest in this case, because the tenant’s situation has largely been out of his control, his treatment has taken longer, and he has found himself having to stay in the country providing treatment because of changing visa and entry requirements. The landlord has been successful and has asked for name suppression for both itself and the tenant and as the successful party the landlord is entitled to name suppression. Filing Fee
As the landlord has been mostly successful in its claim, I also award the landlord the filing fee.

Tenancy Tribunal case 5230874 — Rent arrears

At a glance

Tenancy Tribunal case 5230874 — 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