How much money was awarded in case 5274464?

Filing Fee: $27.00 awarded to landlord; Rent 14 July To 30 July: $1,165.71 awarded to landlord; Rent Arrears: $1,072.86 awarded to landlord; Rent In Advance: $960.00 awarded to landlord

What type of tenancy dispute was case 5274464?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5274464?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12119341-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5274464?

Filing Fee: $27.00 awarded to landlord; Rent 14 July To 30 July: $1,165.71 awarded to landlord; Rent Arrears: $1,072.86 awarded to landlord; Rent In Advance: $960.00 awarded to landlord

What type of tenancy dispute was case 5274464?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5274464?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12119341-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5274464 — Rent arrears

Q: What was Tenancy Tribunal case 5274464 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5274464 — net $3,225.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 July 2025	$1,072.86	Rent arrears to 13 July 2025
Rent 14 July to 30 July	$1,165.71	Rent 14 July to 30 July
Rent in advance	$960.00	Rent in advance
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,225.57
Total payable by Tenant to Landlord	$3,225.57

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

[The tenant/s] owes [The landlord/s] $1072.86 in rent arrears to 13 July 2025 and the filing fee of $27.00. (“the debt”)

By the 30 July 2025 Richard Pawa will owe a further $2125.71 being 2 weeks and 3 days rent and two weeks rent in advance.

[The tenant/s] must pay rent, the debt and rent in advance (Total= $3,225.57) in full by Wednesday 30 July 2025. a. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

If the tenant fails to pay rent, rent arrears and the two weeks rent in advance by the 30 July 2025, then 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.

Reasons

The landlord attended the hearing.

Shortly before the hearing the tenant asked the landlord for a calculation of all the rent that would be owed as of 30 July 2025. This was provided by the landlord.

The tenant did not attend today’s hearing. The tenant was called twice on the cell phone number provided but neither call was answered.

This tenancy has been in place since 2021. At all times the property mangers have managed the property for the owner.

The tenant paid rent on time every week until May 2023 when he missed a week and then immediately caught up, however in November 2023 a further rent payment was missed and from then on it appears as if the rent has been paid fortnightly not weekly.

The fortnightly payment means that the rent is constantly in arrears.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

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 on time, and failing to ensure that rent was paid in advance. On the 28 May 2025 the landlord served a 14-day notice on the tenant requiring the tenant to pay the rent arrears but the breach was not remedied within the required period.

The Tribunal can make a conditional termination order rather than an immediate termination order.

I have considered the rent ledger and the tenant’s written email of today’s date. It appears that the tenant is trying to remedy the breach by ensuring that he is up to date by the 30 July. Therefore, I have made a conditional termination order requiring him to be completely up to date with rent, and to have paid the two weeks rent in advance (so he does not fall immediately in arrears) by 30 July 2025.

I consider it equitable to terminate the tenancy pursuant to a conditional termination order because in and out of arrears since November 2023.

The conditional termination order will allow the tenant to bring his rent up to date and make sure he is not in arrears. If he pays all of the amount owed by 30 July 2025 then this conditional order will lapse. If he does not pay the amount owed, then his tenancy will terminate and his landlord will be able to take possession of the property. The possession order is enforceable for 90 days from the 30 July 2025 if Mr Pawa is in breach of this order. See section 64(4)(b) Residential Tenancies Act 1986.

If Mr Pawa is planning on leaving his tenancy, he needs to give notice to his landlord. Filing fee and name suppression.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and I grant them name suppression as requested.

Claims and awards in Tenancy Tribunal application 5274464 — net $3,225.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 July 2025	$1,072.86	Rent arrears to 13 July 2025
Rent 14 July to 30 July	$1,165.71	Rent 14 July to 30 July
Rent in advance	$960.00	Rent in advance
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,225.57
Total payable by Tenant to Landlord	$3,225.57

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
[The tenant/s] owes [The landlord/s] $1072.86 in rent arrears to 13 July 2025 and the filing fee of $27.00. (“the debt”)
By the 30 July 2025 Richard Pawa will owe a further $2125.71 being 2 weeks and 3 days rent and two weeks rent in advance.
[The tenant/s] must pay rent, the debt and rent in advance (Total= $3,225.57) in full by Wednesday 30 July 2025. a. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent, rent arrears and the two weeks rent in advance by the 30 July 2025, then 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.

Reasons

The landlord attended the hearing.
Shortly before the hearing the tenant asked the landlord for a calculation of all the rent that would be owed as of 30 July 2025. This was provided by the landlord.
The tenant did not attend today’s hearing. The tenant was called twice on the cell phone number provided but neither call was answered.
This tenancy has been in place since 2021. At all times the property mangers have managed the property for the owner.
The tenant paid rent on time every week until May 2023 when he missed a week and then immediately caught up, however in November 2023 a further rent payment was missed and from then on it appears as if the rent has been paid fortnightly not weekly.
The fortnightly payment means that the rent is constantly in arrears.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

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 on time, and failing to ensure that rent was paid in advance. On the 28 May 2025 the landlord served a 14-day notice on the tenant requiring the tenant to pay the rent arrears but the breach was not remedied within the required period.
The Tribunal can make a conditional termination order rather than an immediate termination order.
I have considered the rent ledger and the tenant’s written email of today’s date. It appears that the tenant is trying to remedy the breach by ensuring that he is up to date by the 30 July. Therefore, I have made a conditional termination order requiring him to be completely up to date with rent, and to have paid the two weeks rent in advance (so he does not fall immediately in arrears) by 30 July 2025.
I consider it equitable to terminate the tenancy pursuant to a conditional termination order because in and out of arrears since November 2023.
The conditional termination order will allow the tenant to bring his rent up to date and make sure he is not in arrears. If he pays all of the amount owed by 30 July 2025 then this conditional order will lapse. If he does not pay the amount owed, then his tenancy will terminate and his landlord will be able to take possession of the property. The possession order is enforceable for 90 days from the 30 July 2025 if Mr Pawa is in breach of this order. See section 64(4)(b) Residential Tenancies Act 1986.
If Mr Pawa is planning on leaving his tenancy, he needs to give notice to his landlord. Filing fee and name suppression.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and I grant them name suppression as requested.

Tenancy Tribunal case 5274464 — Rent arrears

At a glance

Tenancy Tribunal case 5274464 — 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