What was the outcome of Tenancy Tribunal case 5251960?

The tribunal order states: Dylan Whiting owes Barfoot & Thompson Limited As Agent For Wan Li

How much money was awarded in case 5251960?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,060.00 awarded to landlord

What type of tenancy dispute was case 5251960?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5251960?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12014062-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5251960?

The tribunal order states: Dylan Whiting owes Barfoot & Thompson Limited As Agent For Wan Li

How much money was awarded in case 5251960?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,060.00 awarded to landlord

What type of tenancy dispute was case 5251960?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5251960?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12014062-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 163A Princes Street West, Pukekohe, Pukekohe Tenancy Tribunal Case 5251960 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5251960 — net $1,087.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent owed to 3 July 2025	$1,060.00	Rent arrears and rent owed to 3 July 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,087.00
Total payable by Tenant to Landlord	$1,087.00

Dylan Whiting owes Barfoot & Thompson Limited As Agent For Wan Li Investments Limited (Wan Xu) $1,087.00 (“the debt”).

Dylan Whiting must pay rent and the debt as follows: a. By one payment of $1617.00 on Friday 4 July 2025 being $530.00 for rent and $1087.00 for the debt.

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 Unit/Flat 2, 163A Princes Street West, Pukekohe, Pukekohe 2120 will terminate and the landlord will have immediate possession of the premises. DescriptionLandlord Rent arrears and rent owed to 3 July 2025$1,060.00 Filing fee reimbursement$27.00 Total award$1,087.00 Total payable by Tenant to Landlord$1,087.00 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.

The landlord claims in respect of power and water charges are withdrawn.

Reasons

Both parties attended the hearing which took place by a MSTeams meeting.

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

The tenant only attended the hearing for a short time and advised that he had paid $2174.93 today and sent proof to the landlord. He stated that he understood he was still one week rent in arrears. He understood that termination would be discussed today but ended the call as he needed to return to work.

The landlord confirmed receipt of proof of the tenant’s payment today and advised that the claims for water and power charges are withdrawn as they have been paid.

In respect of rent the landlord advised that the tenant is still one week in arrears and will not be paid again until Thursday 3 July 2025 so by then will be two weeks in arrears with a further weeks rent due on Friday 4 July 2025.

Should a conditional termination order be made?

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. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.

The tenant breached their obligations by failing to pay rent when due. On 20 April 2025 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the tenant’s rent payments have been sporadic for some months and have been consistently in arrears since April 2025.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Because Barfoot & Thompson Limited As Agent For Wan Li Investments Limited (Wan Xu) has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5251960 — net $1,087.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent owed to 3 July 2025	$1,060.00	Rent arrears and rent owed to 3 July 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,087.00
Total payable by Tenant to Landlord	$1,087.00

Order

Dylan Whiting owes Barfoot & Thompson Limited As Agent For Wan Li Investments Limited (Wan Xu) $1,087.00 (“the debt”).
Dylan Whiting must pay rent and the debt as follows: a. By one payment of $1617.00 on Friday 4 July 2025 being $530.00 for rent and $1087.00 for the debt.
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 Unit/Flat 2, 163A Princes Street West, Pukekohe, Pukekohe 2120 will terminate and the landlord will have immediate possession of the premises. DescriptionLandlord Rent arrears and rent owed to 3 July 2025$1,060.00 Filing fee reimbursement$27.00 Total award$1,087.00 Total payable by Tenant to Landlord$1,087.00 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.
The landlord claims in respect of power and water charges are withdrawn.

Reasons

Both parties attended the hearing which took place by a MSTeams meeting.
The landlord has applied for termination of the tenancy, rent, power and water arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
The tenant only attended the hearing for a short time and advised that he had paid $2174.93 today and sent proof to the landlord. He stated that he understood he was still one week rent in arrears. He understood that termination would be discussed today but ended the call as he needed to return to work.
The landlord confirmed receipt of proof of the tenant’s payment today and advised that the claims for water and power charges are withdrawn as they have been paid.
In respect of rent the landlord advised that the tenant is still one week in arrears and will not be paid again until Thursday 3 July 2025 so by then will be two weeks in arrears with a further weeks rent due on Friday 4 July 2025.

Should a conditional termination order be made?

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. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
The tenant breached their obligations by failing to pay rent when due. On 20 April 2025 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the tenant’s rent payments have been sporadic for some months and have been consistently in arrears since April 2025.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because Barfoot & Thompson Limited As Agent For Wan Li Investments Limited (Wan Xu) has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5251960 — Rent arrears at Unit/Flat 2, 163A Princes Street West, Pukekohe, Pukekohe

At a glance

Tenancy Tribunal case 5251960 — Rent arrears at Unit/Flat 2, 163A Princes Street West, Pukekohe, Pukekohe

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions