What was Tenancy Tribunal case 5278223 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 5278223?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,486.50 awarded to landlord

What type of tenancy dispute was case 5278223?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5278223?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12015892-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5278223 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 5278223?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,486.50 awarded to landlord

What type of tenancy dispute was case 5278223?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5278223?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12015892-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5278223 — Rent arrears

Claims and awards in Tenancy Tribunal application 5278223 — net $3,513.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent owed to the end of the current rent week being 26 June 2025	$3,486.50	Rent arrears and rent owed to the end of the current rent week being 26 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,513.50
Total payable by Tenant to Landlord	$3,513.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] owes [The landlord/s] $3,513.50 (“the debt”), calculated as shown in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $620.00 for rent. The next payment is due on Friday 27 June 2025 and rent is to be paid weekly thereafter under this order each Friday until Friday 26 September 2025. b. By one payment of $3,513.50 for the debt on or before Friday 4 July 2025.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee. DescriptionLandlord Rent arrears and rent owed to the end of the current rent week being 26 June 2025 $3,486.50 Filing fee reimbursement$27.00 Total award$3,513.50 Total payable by Tenant to Landlord$3,513.50
If the tenant fails to pay rent or 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.
The conditional termination order will lapse on 1 October 2025 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) Residential Tenancies Act 1986

Reasons

Both parties attended the hearing which took place by MS Teams meeting. The property managers attended on behalf of the owner company. The tenant, [Tenant 1], attended on behalf of both tenants.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I have considered extensive submissions from both parties.
Both parties agreed that the tenants have looked after the premises well. The issue is the rent payments.
The landlord opposes a conditional termination order on the basis that the tenant has breached a previous conditional termination order made in February 2025 and has been inconsistent with payment and with promises to pay.
The tenant has explained his situation today. He was previously working full time and suffered an injury in November 2024 and is currently on ACC. He explained that he is finishing his rehabilitation and likely to be ready to return to work in July. He expects to be able to get work in his field easily. Sadly, the tenant’s father has passed away. He provided the Tribunal with email evidence that there was a delay in the estate distribution for reasons outside his control but he is to receive a payment of $18,000 to 20,000 and that this is expected this week.
Although this is finely balanced, I am satisfied that it is more likely than not that the tenant will pay the debt due within the time specified by the Tribunal which is by the end of next week (Friday 4 July 2025) given the lump sum payment he is due to receive. I have also considered the evidence of the tenants good rent record until the injury event in November 2024 and find that, as he has given evidence he is soon returning to work, it is unlikely that he will commit a further breach of this kind.
The landlord seeks that if a conditional order is made that the tenant be required to continue paying rent under the conditional termination for a period of three months in order to show that a consistent arrangement is in place. Given the history of this matter I consider this appropriate.
I am satisfied on the balance of probabilities that 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 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) Residential Tenancies Act 1986.
Because [The landlord/s] has succeeded with the claim I must reimburse the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant has applied for suppression and as they have been successful, are entitled to suppression. Having considered the factors in this case in particular the sensitive personal circumstances of the tenant the Tribunal considers the personal interests of the parties outweighs the public interest in their identities and orders suppression of all party identifying details.

Claims and awards in Tenancy Tribunal application 5278223 — net $3,513.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent owed to the end of the current rent week being 26 June 2025	$3,486.50	Rent arrears and rent owed to the end of the current rent week being 26 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,513.50
Total payable by Tenant to Landlord	$3,513.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] owes [The landlord/s] $3,513.50 (“the debt”), calculated as shown in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $620.00 for rent. The next payment is due on Friday 27 June 2025 and rent is to be paid weekly thereafter under this order each Friday until Friday 26 September 2025. b. By one payment of $3,513.50 for the debt on or before Friday 4 July 2025.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee. DescriptionLandlord Rent arrears and rent owed to the end of the current rent week being 26 June 2025 $3,486.50 Filing fee reimbursement$27.00 Total award$3,513.50 Total payable by Tenant to Landlord$3,513.50
If the tenant fails to pay rent or 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.
The conditional termination order will lapse on 1 October 2025 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) Residential Tenancies Act 1986

Reasons

Both parties attended the hearing which took place by MS Teams meeting. The property managers attended on behalf of the owner company. The tenant, [Tenant 1], attended on behalf of both tenants.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I have considered extensive submissions from both parties.
Both parties agreed that the tenants have looked after the premises well. The issue is the rent payments.
The landlord opposes a conditional termination order on the basis that the tenant has breached a previous conditional termination order made in February 2025 and has been inconsistent with payment and with promises to pay.
The tenant has explained his situation today. He was previously working full time and suffered an injury in November 2024 and is currently on ACC. He explained that he is finishing his rehabilitation and likely to be ready to return to work in July. He expects to be able to get work in his field easily. Sadly, the tenant’s father has passed away. He provided the Tribunal with email evidence that there was a delay in the estate distribution for reasons outside his control but he is to receive a payment of $18,000 to 20,000 and that this is expected this week.
Although this is finely balanced, I am satisfied that it is more likely than not that the tenant will pay the debt due within the time specified by the Tribunal which is by the end of next week (Friday 4 July 2025) given the lump sum payment he is due to receive. I have also considered the evidence of the tenants good rent record until the injury event in November 2024 and find that, as he has given evidence he is soon returning to work, it is unlikely that he will commit a further breach of this kind.
The landlord seeks that if a conditional order is made that the tenant be required to continue paying rent under the conditional termination for a period of three months in order to show that a consistent arrangement is in place. Given the history of this matter I consider this appropriate.
I am satisfied on the balance of probabilities that 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 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) Residential Tenancies Act 1986.
Because [The landlord/s] has succeeded with the claim I must reimburse the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant has applied for suppression and as they have been successful, are entitled to suppression. Having considered the factors in this case in particular the sensitive personal circumstances of the tenant the Tribunal considers the personal interests of the parties outweighs the public interest in their identities and orders suppression of all party identifying details.

Tenancy Tribunal case 5278223 — Rent arrears

At a glance

Tenancy Tribunal case 5278223 — 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