What was Tenancy Tribunal case 5276447 about?

The tribunal order states: The Tribunal orders suppression of the identifying details of the tenancy

How much money was awarded in case 5276447?

Rent Arrears: $5,980.00 awarded to landlord

What type of tenancy dispute was case 5276447?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5276447?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12131670-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5276447 about?

The tribunal order states: The Tribunal orders suppression of the identifying details of the tenancy

How much money was awarded in case 5276447?

Rent Arrears: $5,980.00 awarded to landlord

What type of tenancy dispute was case 5276447?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5276447?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12131670-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5276447 — Rent arrears

Claims and awards in Tenancy Tribunal application 5276447 — net $3,020.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 July 2025	$5,980.00	Rent arrears to 17 July 2025
Net award	$3,020.00
Total payable by Tenant to Landlord	$3,020.00

Order

The Tribunal orders suppression of the identifying details of the tenancy address and the tenant.
The tenancy of [the tenant/s] at [Tenancy address suppressed] is immediately terminated. Possession of the premises is granted to Juliette Ruth van Dalen and Ben Joel van Dalen at 1:00 PM on 27 July 2025.
The Bond Centre is to release the bond of $2,960.00 ([Bond number suppressed]) to Juliette Ruth van Dalen and Ben Joel van Dalen, upon their provision of the appropriate documentation, including a copy of this Order.
[The tenant/s] must pay $3,020.00 to Juliette Ruth van Dalen and Ben Joel van Dalen immediately, being rent arrears as of 17 July 2025, calculated as follows:

Reasons

Both parties attended the online hearing.
It is noted that the tenant requested an adjournment 25 minutes before the scheduled start time, citing a personal emergency. However, this was not seen by the Tribunal prior to the hearing, and the tenant did not raise the matter at the time. The hearing therefore proceeded.
The landlords applied for termination of tenancy, rent arrears, immediate possession, and a refund of the bond.
The tenant asked that immediate eviction be avoided. Rental arrears
The landlords provided rent records confirming arrears of $5,980.00. The tenant did not dispute this evidence.
The tenant breached her rental obligations by failing to pay rent as due.
Where a breach is remediable, the Residential Tenancies Act 1986 requires the landlord to issue a 14-day notice to remedy the breach. The landlord served a 14-day notice on the tenant, and the tenant did not remedy the breach within the required period.
Under section 56(1) of the Residential Tenancies Act 1986, 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.
Termination for breach was sought by the landlords from the outset. Mandatory termination applies
Because the rent was more than 21 days in arrears at the time of the application, despite section 56(1), the tenancy is terminated under sections 56(2) and 55(1)(a) of the Act. Bond refund
The landlords confirmed that the bond be applied toward the outstanding rent. This is appropriate and has been ordered.
The landlords must progress this issue by filing the appropriate paperwork including a copy of this Order with the Bond Centre. Additional issues (dog, floor scratches, unauthorised occupants, burning rubbish etc)
After filing their application, the landlords raised additional concerns, including pet damage, unauthorised occupants, and rubbish disposal. These matters were not included in the original application or the notice of hearing and therefore could not be addressed due to procedural fairness requirements.
Whilst the Tribunal is neutral on the decision and any likely merits of doing so, it is merely noted as a matter of fact that the landlords may file a separate application if they wish to pursue these issues, including any post-tenancy claims for damage.. Possession
The date for possession was the key issue in the hearing.
The tenancy began on 5 April 2025, and less than half of the rent due has been paid to date. Despite multiple attempts to communicate, the landlords received no responses. They expressed a loss of trust in the tenant and scepticism regarding the reasons given for non-payment.
The tenant apologised and expressed remorse. She referenced various personal and health-related hardships and said she is awaiting assistance from WINZ, with a meeting scheduled for 24 July 2025. She indicated that WINZ may be able to cover rent arrears but did not provide documentation. She requested time to vacate and stated the property would be returned in good condition.
Under section 85 of the Residential Tenancies Act 1986, the Tribunal must resolve disputes fairly, expeditiously, and based on the substantial merits and justice of the case—not on strict legal technicalities.
A balanced decision must consider the interests of both parties, recognising that neither may receive their preferred outcome in full.
Given the landlords’ ongoing financial losses, the tenant’s limited means, and the lack of concrete assurance of payment, it is appropriate to allow 10 days for possession to be returned. This provides a final opportunity for the tenant to resolve her situation with WINZ and exit the tenancy responsibly, which is in both parties’ best interests.
Possession is therefore granted to the landlords at 1:00 PM on 27 July 2025.. Filing fee reimbursement
The landlords were entitled to claim reimbursement of the filing fee but chose not to do so when asked. Accordingly, no order is made in relation to the fee.

Claims and awards in Tenancy Tribunal application 5276447 — net $3,020.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 July 2025	$5,980.00	Rent arrears to 17 July 2025
Net award	$3,020.00
Total payable by Tenant to Landlord	$3,020.00

Order

The Tribunal orders suppression of the identifying details of the tenancy address and the tenant.
The tenancy of [the tenant/s] at [Tenancy address suppressed] is immediately terminated. Possession of the premises is granted to Juliette Ruth van Dalen and Ben Joel van Dalen at 1:00 PM on 27 July 2025.
The Bond Centre is to release the bond of $2,960.00 ([Bond number suppressed]) to Juliette Ruth van Dalen and Ben Joel van Dalen, upon their provision of the appropriate documentation, including a copy of this Order.
[The tenant/s] must pay $3,020.00 to Juliette Ruth van Dalen and Ben Joel van Dalen immediately, being rent arrears as of 17 July 2025, calculated as follows:

Reasons

Both parties attended the online hearing.
It is noted that the tenant requested an adjournment 25 minutes before the scheduled start time, citing a personal emergency. However, this was not seen by the Tribunal prior to the hearing, and the tenant did not raise the matter at the time. The hearing therefore proceeded.
The landlords applied for termination of tenancy, rent arrears, immediate possession, and a refund of the bond.
The tenant asked that immediate eviction be avoided. Rental arrears
The landlords provided rent records confirming arrears of $5,980.00. The tenant did not dispute this evidence.
The tenant breached her rental obligations by failing to pay rent as due.
Where a breach is remediable, the Residential Tenancies Act 1986 requires the landlord to issue a 14-day notice to remedy the breach. The landlord served a 14-day notice on the tenant, and the tenant did not remedy the breach within the required period.
Under section 56(1) of the Residential Tenancies Act 1986, 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.
Termination for breach was sought by the landlords from the outset. Mandatory termination applies
Because the rent was more than 21 days in arrears at the time of the application, despite section 56(1), the tenancy is terminated under sections 56(2) and 55(1)(a) of the Act. Bond refund
The landlords confirmed that the bond be applied toward the outstanding rent. This is appropriate and has been ordered.
The landlords must progress this issue by filing the appropriate paperwork including a copy of this Order with the Bond Centre. Additional issues (dog, floor scratches, unauthorised occupants, burning rubbish etc)
After filing their application, the landlords raised additional concerns, including pet damage, unauthorised occupants, and rubbish disposal. These matters were not included in the original application or the notice of hearing and therefore could not be addressed due to procedural fairness requirements.
Whilst the Tribunal is neutral on the decision and any likely merits of doing so, it is merely noted as a matter of fact that the landlords may file a separate application if they wish to pursue these issues, including any post-tenancy claims for damage.. Possession
The date for possession was the key issue in the hearing.
The tenancy began on 5 April 2025, and less than half of the rent due has been paid to date. Despite multiple attempts to communicate, the landlords received no responses. They expressed a loss of trust in the tenant and scepticism regarding the reasons given for non-payment.
The tenant apologised and expressed remorse. She referenced various personal and health-related hardships and said she is awaiting assistance from WINZ, with a meeting scheduled for 24 July 2025. She indicated that WINZ may be able to cover rent arrears but did not provide documentation. She requested time to vacate and stated the property would be returned in good condition.
Under section 85 of the Residential Tenancies Act 1986, the Tribunal must resolve disputes fairly, expeditiously, and based on the substantial merits and justice of the case—not on strict legal technicalities.
A balanced decision must consider the interests of both parties, recognising that neither may receive their preferred outcome in full.
Given the landlords’ ongoing financial losses, the tenant’s limited means, and the lack of concrete assurance of payment, it is appropriate to allow 10 days for possession to be returned. This provides a final opportunity for the tenant to resolve her situation with WINZ and exit the tenancy responsibly, which is in both parties’ best interests.
Possession is therefore granted to the landlords at 1:00 PM on 27 July 2025.. Filing fee reimbursement
The landlords were entitled to claim reimbursement of the filing fee but chose not to do so when asked. Accordingly, no order is made in relation to the fee.

Tenancy Tribunal case 5276447 — Rent arrears

At a glance

Tenancy Tribunal case 5276447 — 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