What was Tenancy Tribunal case 5273339 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 5273339?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,117.14 awarded to landlord

What type of tenancy dispute was case 5273339?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5273339?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12043115-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5273339 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 5273339?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,117.14 awarded to landlord

What type of tenancy dispute was case 5273339?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5273339?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12043115-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5273339 — Rent arrears

Claims and awards in Tenancy Tribunal application 5273339 — net $2,144.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 27 June 2025	$2,117.14	Rent arrears (to 27 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,144.14
Total payable by Tenant to Landlord	$2,144.14

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and tenant’s name and identifying details.
[The tenant/s] owes [The landlord/s] $2,144.14 (“the debt”) (to 27 June 2025) as calculated below:
[The tenant/s] must pay weekly rent and the debt to the landlord as follows: a. By 35 weekly payments of $440.00, being $380.00 for rent and $60.00 for the debt. b. A final payment of $424.14, being $380.00 for rent and $44.14 for the debt. c. Payments will be every Tuesday, with the first payment on 1 July 2025 and continuing until the debt is paid.
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 two 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 two working days of the due date, the filing fee will be payable immediately.
When the debt has been paid in full the conditional termination order will lapse.

Reasons

The hearing proceeded by way of video conference. [Property Manager], property Manager, appeared for the landlord. The tenant appeared.
The tenancy commenced on 1 April 2025 for a fixed term due to end on 31 March 2026.
On 26 May 2025, the landlord filed an application for termination of the tenancy on the following grounds: i. The rent was at least 21 days in arrears at the file the application was filed, section 55(1) of the Residential Tenancy Act 1986 (the “Act”). ii. That the tenant failed to remedy a 14-day breach notice for rent arrears and it would be inequitable to refuse to terminate the tenancy, section 56(1)(c) of the Act.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement of provisions of the Act. Rent arrears
Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears.
Under section 56(1) of the Act, the Tribunal may terminate a tenancy if the tenant has failed to remedy a 14-day breach notice for rent arrears, and it would be inequitable to refuse termination.
Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act. Decision
The landlord provided up to date rent records which prove the amount owed. The tenant took no issue with the records.
The landlord issued a 14-day notice on 7 May 2025, advising the tenant they were $1140.00 in rent arrears. The notice required the tenant to remedy the breach by 21 May 2025. The breach was not remedied.
At the time of filing the application the tenant’s rent arrears totalled $1520.00. The tenant was more than 21 days in rent arrears. At the date of hearing the tenant’s rent arrears totalled $2117.14.
There is sufficient evidence to order termination of the tenancy for rent arrears. However, at today’s hearing the parties agreed to a conditional termination of the tenancy. The landlord wants the rent and rent arrears paid and the tenant wants to pay the debt to avoid immediate termination.
Section 55(1A) of the Act states that the Tribunal may refuse making a final termination order for non-payment of rent under section 55(1) if, and only if, it is satisfied that the tenant will pay any rent arrears within the period specified by the Tribunal, and going forward is unlikely to commit any further breaches for rent arrears.
The tenant confirms they have returned to work following an injury and are employed 30 hours per week. In addition to this, the tenant confirmed they have resolved their benefit issue and are now also receipt of a StudyLink payment. The tenant is confident they will be able to pay their rent and rent arrears obligations under a conditional termination order.
Having heard from the tenant the landlord was in support of a conditional termination order.
Following a discussion the parties agreed that the tenant would make weekly payments, commencing Tuesday 1 July 2025 of $440.00 made up of $380.00 rent and $60.00 rent arrears) until the outstanding balance is paid in full.
The Tribunal accepts that this agreement is a reasonable and constructive resolution. I am satisfied the tenant will pay the debt as specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The tenancy is to continue on the condition that the tenant complies with the agreed repayment plan in addition to meeting all ongoing rent obligations as they fall due. 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) of the Act. Costs
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been substantially successful and is granted name suppression.
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
In the interests of fairness and privacy, and given the tenant’s willingness to resolve the matter, I consider it reasonable that the tenant’s name and identifying detailed be suppressed.

Claims and awards in Tenancy Tribunal application 5273339 — net $2,144.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 27 June 2025	$2,117.14	Rent arrears (to 27 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,144.14
Total payable by Tenant to Landlord	$2,144.14

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and tenant’s name and identifying details.
[The tenant/s] owes [The landlord/s] $2,144.14 (“the debt”) (to 27 June 2025) as calculated below:
[The tenant/s] must pay weekly rent and the debt to the landlord as follows: a. By 35 weekly payments of $440.00, being $380.00 for rent and $60.00 for the debt. b. A final payment of $424.14, being $380.00 for rent and $44.14 for the debt. c. Payments will be every Tuesday, with the first payment on 1 July 2025 and continuing until the debt is paid.
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 two 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 two working days of the due date, the filing fee will be payable immediately.
When the debt has been paid in full the conditional termination order will lapse.

Reasons

The hearing proceeded by way of video conference. [Property Manager], property Manager, appeared for the landlord. The tenant appeared.
The tenancy commenced on 1 April 2025 for a fixed term due to end on 31 March 2026.
On 26 May 2025, the landlord filed an application for termination of the tenancy on the following grounds: i. The rent was at least 21 days in arrears at the file the application was filed, section 55(1) of the Residential Tenancy Act 1986 (the “Act”). ii. That the tenant failed to remedy a 14-day breach notice for rent arrears and it would be inequitable to refuse to terminate the tenancy, section 56(1)(c) of the Act.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement of provisions of the Act. Rent arrears
Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears.
Under section 56(1) of the Act, the Tribunal may terminate a tenancy if the tenant has failed to remedy a 14-day breach notice for rent arrears, and it would be inequitable to refuse termination.
Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act. Decision
The landlord provided up to date rent records which prove the amount owed. The tenant took no issue with the records.
The landlord issued a 14-day notice on 7 May 2025, advising the tenant they were $1140.00 in rent arrears. The notice required the tenant to remedy the breach by 21 May 2025. The breach was not remedied.
At the time of filing the application the tenant’s rent arrears totalled $1520.00. The tenant was more than 21 days in rent arrears. At the date of hearing the tenant’s rent arrears totalled $2117.14.
There is sufficient evidence to order termination of the tenancy for rent arrears. However, at today’s hearing the parties agreed to a conditional termination of the tenancy. The landlord wants the rent and rent arrears paid and the tenant wants to pay the debt to avoid immediate termination.
Section 55(1A) of the Act states that the Tribunal may refuse making a final termination order for non-payment of rent under section 55(1) if, and only if, it is satisfied that the tenant will pay any rent arrears within the period specified by the Tribunal, and going forward is unlikely to commit any further breaches for rent arrears.
The tenant confirms they have returned to work following an injury and are employed 30 hours per week. In addition to this, the tenant confirmed they have resolved their benefit issue and are now also receipt of a StudyLink payment. The tenant is confident they will be able to pay their rent and rent arrears obligations under a conditional termination order.
Having heard from the tenant the landlord was in support of a conditional termination order.
Following a discussion the parties agreed that the tenant would make weekly payments, commencing Tuesday 1 July 2025 of $440.00 made up of $380.00 rent and $60.00 rent arrears) until the outstanding balance is paid in full.
The Tribunal accepts that this agreement is a reasonable and constructive resolution. I am satisfied the tenant will pay the debt as specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The tenancy is to continue on the condition that the tenant complies with the agreed repayment plan in addition to meeting all ongoing rent obligations as they fall due. 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) of the Act. Costs
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been substantially successful and is granted name suppression.
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
In the interests of fairness and privacy, and given the tenant’s willingness to resolve the matter, I consider it reasonable that the tenant’s name and identifying detailed be suppressed.

Tenancy Tribunal case 5273339 — Rent arrears

At a glance

Tenancy Tribunal case 5273339 — 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