What was Tenancy Tribunal case 5276761 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 5276761?

1 Weeks Rent In Advance: $620.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,560.00 awarded to landlord

What type of tenancy dispute was case 5276761?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5276761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12127798-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5276761 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 5276761?

1 Weeks Rent In Advance: $620.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,560.00 awarded to landlord

What type of tenancy dispute was case 5276761?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5276761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12127798-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5276761 — Rent arrears

Claims and awards in Tenancy Tribunal application 5276761 — net $2,207.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/07/2025	$1,560.00	Rent arrears to 17/07/2025
1 weeks rent in advance	$620.00	1 weeks rent in advance
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,207.00
Total payable by Tenant to Landlord	$2,207.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s and Tenants’ names and identifying details.
[The tenant/s] owes [The landlord/s] $2,207.00 (“the debt”), calculated in the table below:
[The tenant/s] must pay the full debt of $2,207.00 by 5 pm on Thursday 24 July 2025.
If the tenants fail to pay the full debt in order 3 within 2 working days of the due date: 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.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants accept that there are rent arrears but seek an opportunity to pay the debt and avoid immediate termination. The Tribunal must determine whether a conditional termination order under section 56 of the Residential Tenancies Act 1986 (RTA) should be made, taking into account the nature and extent of the breach and the tenants’ ability and willingness to remedy it. Relevant Law
Section 56 of the RTA provides that where a tenant breaches the tenancy agreement or the Act, and the breach is capable of remedy, the landlord must first serve a 14-day notice requiring the breach to be remedied. If the tenant fails to do so, the landlord may apply to the Tribunal for termination. Under section 56(1)(b), the Tribunal may terminate the tenancy where, having regard to the nature and extent of the breach, it would be inequitable to refuse termination. Where termination is sought due to rent arrears, section 78(3) gives the Tribunal discretion to grant a conditional termination order where it is satisfied that the tenant is likely to comply with the order and avoid further breach. Under section 64(b), if the order is breached, possession can be enforced within 90 days of the breach.

Should a conditional termination order be made?

The tenants have breached their obligations by failing to pay rent on time. On 30 April 2025, the landlord served the tenants with a 14-day notice to remedy the breach. The notice expired without full payment being made, satisfying the statutory precondition for termination.
The tenants explained that they believed they had already addressed the rent arrears issue, which explains why they set up an arrangement to pay rent plus an additional $50 per week. This arrangement has already commenced. The tenants have confirmed they will return to Work and Income to discuss additional support and ensure the arrears can be cleared in full.
The other ongoing issue is timing. Rent is due every Friday, but the tenants’ Work and Income payments are made the following Tuesday. This means that even when payments are regular, the tenancy is technically in arrears. To address this, the tenants have agreed to include one week’s rent in advance in their payment arrangement. This will place them ahead and ensure there are no further breaches. This arrangement demonstrates a proactive approach to resolving both the arrears and the timing problem.
The total debt owed by the tenants is $2,207. This amount includes rent arrears to 17 July 2025 of $1,560, one week’s rent in advance of $620, and the filing fee of $27. The tenants must pay the full amount by 5 pm on Thursday 24 July 2025. This seven-day timeframe is intended to allow the tenants to secure assistance from Work and Income and finalise the payment. If the tenants fail to pay the debt in full by that date, the tenancy will terminate within two working days, and the landlord will be entitled to immediate possession of the premises. Any remaining debt will become payable immediately.
The tenants have demonstrated a genuine commitment to resolving the matter by setting up a payment plan, agreeing to cover one week’s rent in advance, and indicating their intention to seek further assistance from Work and Income. The landlord has agreed to formalise this arrangement, which shows both parties’ willingness to maintain the tenancy. In these circumstances, it would be inequitable to refuse the tenants an opportunity to comply. I therefore grant a conditional termination order under section 78(3) of the RTA.
If the tenants comply with this order, the termination will lapse. If they breach the order, the possession order may be enforced within 90 days of the first breach in accordance with section 64(b) of the RTA.
As the landlord has wholly succeeded with the claim, I order the tenants to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.
This outcome is essentially by consent. It is therefore reasonable to grant suppression of the tenants’ names and identifying details.

Claims and awards in Tenancy Tribunal application 5276761 — net $2,207.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/07/2025	$1,560.00	Rent arrears to 17/07/2025
1 weeks rent in advance	$620.00	1 weeks rent in advance
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,207.00
Total payable by Tenant to Landlord	$2,207.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s and Tenants’ names and identifying details.
[The tenant/s] owes [The landlord/s] $2,207.00 (“the debt”), calculated in the table below:
[The tenant/s] must pay the full debt of $2,207.00 by 5 pm on Thursday 24 July 2025.
If the tenants fail to pay the full debt in order 3 within 2 working days of the due date: 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.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants accept that there are rent arrears but seek an opportunity to pay the debt and avoid immediate termination. The Tribunal must determine whether a conditional termination order under section 56 of the Residential Tenancies Act 1986 (RTA) should be made, taking into account the nature and extent of the breach and the tenants’ ability and willingness to remedy it. Relevant Law
Section 56 of the RTA provides that where a tenant breaches the tenancy agreement or the Act, and the breach is capable of remedy, the landlord must first serve a 14-day notice requiring the breach to be remedied. If the tenant fails to do so, the landlord may apply to the Tribunal for termination. Under section 56(1)(b), the Tribunal may terminate the tenancy where, having regard to the nature and extent of the breach, it would be inequitable to refuse termination. Where termination is sought due to rent arrears, section 78(3) gives the Tribunal discretion to grant a conditional termination order where it is satisfied that the tenant is likely to comply with the order and avoid further breach. Under section 64(b), if the order is breached, possession can be enforced within 90 days of the breach.

Should a conditional termination order be made?

The tenants have breached their obligations by failing to pay rent on time. On 30 April 2025, the landlord served the tenants with a 14-day notice to remedy the breach. The notice expired without full payment being made, satisfying the statutory precondition for termination.
The tenants explained that they believed they had already addressed the rent arrears issue, which explains why they set up an arrangement to pay rent plus an additional $50 per week. This arrangement has already commenced. The tenants have confirmed they will return to Work and Income to discuss additional support and ensure the arrears can be cleared in full.
The other ongoing issue is timing. Rent is due every Friday, but the tenants’ Work and Income payments are made the following Tuesday. This means that even when payments are regular, the tenancy is technically in arrears. To address this, the tenants have agreed to include one week’s rent in advance in their payment arrangement. This will place them ahead and ensure there are no further breaches. This arrangement demonstrates a proactive approach to resolving both the arrears and the timing problem.
The total debt owed by the tenants is $2,207. This amount includes rent arrears to 17 July 2025 of $1,560, one week’s rent in advance of $620, and the filing fee of $27. The tenants must pay the full amount by 5 pm on Thursday 24 July 2025. This seven-day timeframe is intended to allow the tenants to secure assistance from Work and Income and finalise the payment. If the tenants fail to pay the debt in full by that date, the tenancy will terminate within two working days, and the landlord will be entitled to immediate possession of the premises. Any remaining debt will become payable immediately.
The tenants have demonstrated a genuine commitment to resolving the matter by setting up a payment plan, agreeing to cover one week’s rent in advance, and indicating their intention to seek further assistance from Work and Income. The landlord has agreed to formalise this arrangement, which shows both parties’ willingness to maintain the tenancy. In these circumstances, it would be inequitable to refuse the tenants an opportunity to comply. I therefore grant a conditional termination order under section 78(3) of the RTA.
If the tenants comply with this order, the termination will lapse. If they breach the order, the possession order may be enforced within 90 days of the first breach in accordance with section 64(b) of the RTA.
As the landlord has wholly succeeded with the claim, I order the tenants to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.
This outcome is essentially by consent. It is therefore reasonable to grant suppression of the tenants’ names and identifying details.

Tenancy Tribunal case 5276761 — Rent arrears

At a glance

Tenancy Tribunal case 5276761 — 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