What was Tenancy Tribunal case 5274060 about?

The tribunal order states: The Tribunal orders suppression of both the landlord’s and tenant’s name and

How much money was awarded in case 5274060?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,200.00 awarded to landlord

What type of tenancy dispute was case 5274060?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5274060?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12039710-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5274060 about?

The tribunal order states: The Tribunal orders suppression of both the landlord’s and tenant’s name and

How much money was awarded in case 5274060?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,200.00 awarded to landlord

What type of tenancy dispute was case 5274060?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5274060?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12039710-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5274060 — Rent arrears

Claims and awards in Tenancy Tribunal application 5274060 — net $4,227.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 26 June 2025	$4,200.00	Rent arrears (to 26 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,227.00
Total payable by Tenant to Landlord	$4,227.00

Order

The Tribunal orders suppression of both the landlord’s and tenant’s name and identifying details.
[The tenant/s] owes [The landlord/s] $4,227.00 (“the debt”) (to 26 June 2025) as calculated below:
[The tenant/s] must pay the weekly rent and debt to the landlord as follows: a. By 84 weekly payments of $750.00, being $700.00 for rent and $50.00 for the debt. b. A final payment of $727.00, being $700.00 for rent and $27.00 for the debt. c. Payments will be every Friday, with the first payment on 04/07/2025 and continuing until 12/02/2027.
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 [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 2 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 was set down for video conference but proceeded by way of telephone conference. [Property Manager], Property Manager, appeared for the landlord. The tenant appeared.
The tenancy commenced on 11 December 2020 with the fixed term ending on 30 October 2021; thereafter the tenancy became periodic.
On 27 May 2025, the landlord filed an application seeking termination of the tenancy for rent arrears, refund of the bond and reimbursement of the filing fee.
The tenant wants to repay the debt to avoid immediate termination.
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 or provisions of the Act. Rent arrears
Under section 55(1) of the Residential Tenancies Act 1986 (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.
The landlord provided up to date rent records which prove the amount owed. The tenant took no issue with the records.
At the time of filing the application the rent debt totalled $2600.00 and was more than 21 days in arrears.
At the date of hearing the tenant’s rent arrears totalled $4200.00.
There is sufficient evidence to order termination of the tenancy for rent arrears. However, at today’s hearing a condition termination of the tenancy was discussed. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

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 tenancy commenced on 20 December 2020 and the landlord said the tenant paid rent “like clockwork” up until May 2024. Thereafter, the rent payments became irregular, and the tenant fell into arrears. The landlord issued three 14- day notices advising the tenant they were in rent arrears on 21 October 2024, 15 January 2025 and 15 May 2025. These notices were not before the Tribunal.
The tenant stated he became unwell two years ago and had to give up work. He acknowledged having difficulty making regular rent payments and falling into arrears from May 2024 onwards. The tenant said he had used his KiwiSaver to pay earlier rent arrears and, between February and April 2025, had used savings, undertaken casual work, borrowed from friends and family and sold assets to meet his rental obligations.
The tenant states that he has recently started working for himself, painting a friend’s house, which is how he has been able to make two rent payments on 17 and 23 June 2025. He said the work will continue for the next five weeks. The tenant said he also has another house to paint starting in September, is looking for work with other painting contractors and will undertake water blasting jobs. The tenant stressed that he understood the seriousness of his situation, and would move to more affordable accommodation, but is unable to do so because of his animals.
By the finest of margins, I am satisfied the tenant will pay the debt within the period 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 provided that on the application of a party who has been whole 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.
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 details be suppressed.

Claims and awards in Tenancy Tribunal application 5274060 — net $4,227.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 26 June 2025	$4,200.00	Rent arrears (to 26 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,227.00
Total payable by Tenant to Landlord	$4,227.00

Order

The Tribunal orders suppression of both the landlord’s and tenant’s name and identifying details.
[The tenant/s] owes [The landlord/s] $4,227.00 (“the debt”) (to 26 June 2025) as calculated below:
[The tenant/s] must pay the weekly rent and debt to the landlord as follows: a. By 84 weekly payments of $750.00, being $700.00 for rent and $50.00 for the debt. b. A final payment of $727.00, being $700.00 for rent and $27.00 for the debt. c. Payments will be every Friday, with the first payment on 04/07/2025 and continuing until 12/02/2027.
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 [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 2 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 was set down for video conference but proceeded by way of telephone conference. [Property Manager], Property Manager, appeared for the landlord. The tenant appeared.
The tenancy commenced on 11 December 2020 with the fixed term ending on 30 October 2021; thereafter the tenancy became periodic.
On 27 May 2025, the landlord filed an application seeking termination of the tenancy for rent arrears, refund of the bond and reimbursement of the filing fee.
The tenant wants to repay the debt to avoid immediate termination.
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 or provisions of the Act. Rent arrears
Under section 55(1) of the Residential Tenancies Act 1986 (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.
The landlord provided up to date rent records which prove the amount owed. The tenant took no issue with the records.
At the time of filing the application the rent debt totalled $2600.00 and was more than 21 days in arrears.
At the date of hearing the tenant’s rent arrears totalled $4200.00.
There is sufficient evidence to order termination of the tenancy for rent arrears. However, at today’s hearing a condition termination of the tenancy was discussed. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

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 tenancy commenced on 20 December 2020 and the landlord said the tenant paid rent “like clockwork” up until May 2024. Thereafter, the rent payments became irregular, and the tenant fell into arrears. The landlord issued three 14- day notices advising the tenant they were in rent arrears on 21 October 2024, 15 January 2025 and 15 May 2025. These notices were not before the Tribunal.
The tenant stated he became unwell two years ago and had to give up work. He acknowledged having difficulty making regular rent payments and falling into arrears from May 2024 onwards. The tenant said he had used his KiwiSaver to pay earlier rent arrears and, between February and April 2025, had used savings, undertaken casual work, borrowed from friends and family and sold assets to meet his rental obligations.
The tenant states that he has recently started working for himself, painting a friend’s house, which is how he has been able to make two rent payments on 17 and 23 June 2025. He said the work will continue for the next five weeks. The tenant said he also has another house to paint starting in September, is looking for work with other painting contractors and will undertake water blasting jobs. The tenant stressed that he understood the seriousness of his situation, and would move to more affordable accommodation, but is unable to do so because of his animals.
By the finest of margins, I am satisfied the tenant will pay the debt within the period 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 provided that on the application of a party who has been whole 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.
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 details be suppressed.

Tenancy Tribunal case 5274060 — Rent arrears

At a glance

Tenancy Tribunal case 5274060 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions