What was Tenancy Tribunal case 5253039 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 5253039?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,665.00 awarded to landlord

What type of tenancy dispute was case 5253039?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5253039?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12151998-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5253039 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 5253039?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,665.00 awarded to landlord

What type of tenancy dispute was case 5253039?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5253039?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12151998-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5253039 — Rent arrears

Claims and awards in Tenancy Tribunal application 5253039 — net $972.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at end of tenancy	$2,665.00	Rent arrears as at end of tenancy
Filing fee reimbursement	$27.00	olly successful in the application, the tenant must pay the filing fee which is $27.00. Name suppression
Net award	$972.00
Total payable by Tenant to Landlord	$972.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords name and identifying details.
The tenancy of Christopher Miller at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on 23 July 2025.
The Bond Centre is to pay the bond of $1,720.00 ([Bond number suppressed] to [The landlord/s] immediately.
Christopher Miller must pay [The landlord/s] $972.00 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears as at end of tenancy$2,665.00 Filing fee reimbursement$27.00 Total award$2,692.00 Minus bond- $1,720.00 Total payable by Tenant to Landlord$972.00

Reasons

Only the landlord appeared at the hearing today.
I am satisfied the tenant has been properly notified of the hearing. In that regard, the Tribunal received an application for adjournment at 12:55 pm, for a hearing commencing at 2 pm. The tenant states that he is unable to attend the hearing due to sickness, and also records that he wished to make a counterclaim.
Having considered the application for adjournment, I was not satisfied that there were adequate grounds to delay the hearing, and therefore the application was declined. The hearing proceeded as scheduled.
The primary application from the landlord, is for termination of the tenancy. The application was made on the grounds of rent arrears, and also adverse behaviours at the Tenancy. Termination due to rent arrears
The Residential Tenancies Act 1986 (RTA) applies. Section 55 relates to the termination of tenancies on various grounds, including rent arrears. That provision confirms that the Tribunal shall order termination of the Tenancy if the rent arrears were more than 21 days in arrears, on the day the application with the Tribunal is filed.
In this case, the application was filed on 29 June 2025, and the rent arrears were the equivalent of some 33 days. Accordingly, given the level of arrears on the date of application, the Tribunal must order termination of the tenancy.
I note, that in the application for adjournment received today, the tenant states: The Tribunal has been arranged regarding rent arrears... In relation to the arrears MSD have agreed to pay the arrears to the landlord and are waiting on him to provide his details to the appropriate team for the payment to be made and of which Peter is aware of and is confirmed by MSD in writing which I am happy to provide.
Based on the above, the tenant does not appear to be disputing that he owes rent arrears to the landlord.
It is not a defence to a claim for termination, for the tenant to say that the rent would be paid by a third-party like MSD. Section 40 of the RTA sets out the tenant’s responsibilities, and that includes the obligation to “pay the rent as and when it is due and payable under the tenancy agreement.” In short, the law requires that the tenant pay the rent, not a third-party. While it may be the case that third parties pay rent directly to landlords such as a direct payment from a benefit, or wages, but ultimately the obligation to pay the rent sits with the tenant.
There is no obligation in the RTA for the landlord to need to engage with a third party to receive rent payments, again this is the tenant’s obligation.
There is a limited ability for the Tribunal to decline to order termination under section 55(2), which holds: The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies (but see also section 78A(3)(b)).
I cannot exercise a discretion to decline termination because the rent arrears have not been remedied as of the date of the hearing, and I am not satisfied that there is evidence to satisfy me that the tenant would not commit further breaches. In that regard, I observe that in the 22 rent weeks since the tenancy commenced, the tenant has only paid at least the rent due on 7 of those weeks. 1 week has been missed entirely, and for the most part the rent arrears have slowly built up from the first week of the tenancy. I could have no confidence that this pattern would not repeat.
I note for completeness, that there is no need for the Tribunal to go on to consider whether the tenancy should be terminated on the other grounds, as set out in the application, given the tenancy has been terminated due to the rent situation. Rent owed
The landlord has provided an updated rent ledger at the hearing, recording the arrears were $2665, up to 23 July 2025. Those arrears are accepted, and therefore the tenant must pay those arrears, minus the bond which will be released to the land. Filing fee
Because the landlord has been wholly successful in the application, the tenant must pay the filing fee which is $27.00. Name suppression
The landlord has applied for name suppression.
Because the landlord has been wholly successful in the claim, the landlord is entitled to name suppression, which is ordered.

Claims and awards in Tenancy Tribunal application 5253039 — net $972.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at end of tenancy	$2,665.00	Rent arrears as at end of tenancy
Filing fee reimbursement	$27.00	olly successful in the application, the tenant must pay the filing fee which is $27.00. Name suppression
Net award	$972.00
Total payable by Tenant to Landlord	$972.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords name and identifying details.
The tenancy of Christopher Miller at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on 23 July 2025.
The Bond Centre is to pay the bond of $1,720.00 ([Bond number suppressed] to [The landlord/s] immediately.
Christopher Miller must pay [The landlord/s] $972.00 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears as at end of tenancy$2,665.00 Filing fee reimbursement$27.00 Total award$2,692.00 Minus bond- $1,720.00 Total payable by Tenant to Landlord$972.00

Reasons

Only the landlord appeared at the hearing today.
I am satisfied the tenant has been properly notified of the hearing. In that regard, the Tribunal received an application for adjournment at 12:55 pm, for a hearing commencing at 2 pm. The tenant states that he is unable to attend the hearing due to sickness, and also records that he wished to make a counterclaim.
Having considered the application for adjournment, I was not satisfied that there were adequate grounds to delay the hearing, and therefore the application was declined. The hearing proceeded as scheduled.
The primary application from the landlord, is for termination of the tenancy. The application was made on the grounds of rent arrears, and also adverse behaviours at the Tenancy. Termination due to rent arrears
The Residential Tenancies Act 1986 (RTA) applies. Section 55 relates to the termination of tenancies on various grounds, including rent arrears. That provision confirms that the Tribunal shall order termination of the Tenancy if the rent arrears were more than 21 days in arrears, on the day the application with the Tribunal is filed.
In this case, the application was filed on 29 June 2025, and the rent arrears were the equivalent of some 33 days. Accordingly, given the level of arrears on the date of application, the Tribunal must order termination of the tenancy.
I note, that in the application for adjournment received today, the tenant states: The Tribunal has been arranged regarding rent arrears... In relation to the arrears MSD have agreed to pay the arrears to the landlord and are waiting on him to provide his details to the appropriate team for the payment to be made and of which Peter is aware of and is confirmed by MSD in writing which I am happy to provide.
Based on the above, the tenant does not appear to be disputing that he owes rent arrears to the landlord.
It is not a defence to a claim for termination, for the tenant to say that the rent would be paid by a third-party like MSD. Section 40 of the RTA sets out the tenant’s responsibilities, and that includes the obligation to “pay the rent as and when it is due and payable under the tenancy agreement.” In short, the law requires that the tenant pay the rent, not a third-party. While it may be the case that third parties pay rent directly to landlords such as a direct payment from a benefit, or wages, but ultimately the obligation to pay the rent sits with the tenant.
There is no obligation in the RTA for the landlord to need to engage with a third party to receive rent payments, again this is the tenant’s obligation.
There is a limited ability for the Tribunal to decline to order termination under section 55(2), which holds: The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies (but see also section 78A(3)(b)).
I cannot exercise a discretion to decline termination because the rent arrears have not been remedied as of the date of the hearing, and I am not satisfied that there is evidence to satisfy me that the tenant would not commit further breaches. In that regard, I observe that in the 22 rent weeks since the tenancy commenced, the tenant has only paid at least the rent due on 7 of those weeks. 1 week has been missed entirely, and for the most part the rent arrears have slowly built up from the first week of the tenancy. I could have no confidence that this pattern would not repeat.
I note for completeness, that there is no need for the Tribunal to go on to consider whether the tenancy should be terminated on the other grounds, as set out in the application, given the tenancy has been terminated due to the rent situation. Rent owed
The landlord has provided an updated rent ledger at the hearing, recording the arrears were $2665, up to 23 July 2025. Those arrears are accepted, and therefore the tenant must pay those arrears, minus the bond which will be released to the land. Filing fee
Because the landlord has been wholly successful in the application, the tenant must pay the filing fee which is $27.00. Name suppression
The landlord has applied for name suppression.
Because the landlord has been wholly successful in the claim, the landlord is entitled to name suppression, which is ordered.

Tenancy Tribunal case 5253039 — Rent arrears

At a glance

Tenancy Tribunal case 5253039 — 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