What was Tenancy Tribunal case 5280224 about?

The tribunal order states: Emosi Navoto owes [The landlord/s] $4,677.00 (“the debt”) (to 27 June 2025) as

How much money was awarded in case 5280224?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,650.00 awarded to landlord

What type of tenancy dispute was case 5280224?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5280224?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12031006-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5280224 about?

The tribunal order states: Emosi Navoto owes [The landlord/s] $4,677.00 (“the debt”) (to 27 June 2025) as

How much money was awarded in case 5280224?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,650.00 awarded to landlord

What type of tenancy dispute was case 5280224?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5280224?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12031006-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5280224 — Rent arrears

Claims and awards in Tenancy Tribunal application 5280224 — net $4,677.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,650.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,677.00
Total payable by Tenant to Landlord	$4,677.00

Order

Emosi Navoto owes [The landlord/s] $4,677.00 (“the debt”) (to 27 June 2025) as calculated below:
Emosi Navoto must pay the weekly rent and the debt to the landlord as follows: a. By 11 weekly payments of $1,050.00, being $650.00 for rent and $400.00 for the debt. b. A final payment of $927.00, being $650.00 for rent and $277.00 for the debt. c. Payments will be every Friday, with the first payment on 04/07/2025 and continuing until 19/09/2025.
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 two 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 two 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 proceeded by way of video conference. [Property Manager], Property Manager, appeared for the landlord. The tenant did not initially appear by video but was joined to the hearing by telephone.
At the hearing, the tenant advised that he did not reside at the property but had secured it for other people to live in. The tenant said that those people are responsible for paying the rent and meeting the outgoing costs for the property. The landlord confirmed that they are aware of this arrangement. The Tribunal invited the landlord to formalise the relationship between themselves and the occupants of the property. The tenant was advised that until such time as this occurs, they will remain liable for the rent, outgoings, and any damages for the property.
The tenancy commenced on 15 June 2024. Initially for a fixed term (which ended on 14 June 2025) the tenancy is now periodic.
On 5 June 2025, the landlord has filed an application seeking termination of the tenancy on the following grounds: i. The rent was at least 21 days in arrears at the file the application was filed, section 55(1) of the Residential Tenancy Act 1986 (the “Act”). ii. That the tenant failed to remedy a 14-day breach notice for rent arrears and it would be inequitable to refuse to terminate the tenancy, section 56(1)(c) of the Act.
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 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.
Under section 56(1) of the Act, the Tribunal may terminate a tenancy if the tenant has failed to remedy a 14-day breach notice for rent arrears, and it would be inequitable to refuse termination.
Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act. Decision
The landlord provided up to date rent records which prove the amount owed. The tenant took no issue with the records.
The landlord issued a 14-day notice on 3 June 2025 advising the tenant that they were $5150.00 in rent arrears. The notice was not remedied although two payments were made of $750.00 on 14 June 2025 and $1050.00 on 19 June 2025.
At the date of hearing the tenant’s rent arrears totalled $4650.00. The rent is more than 21 days in arrears.
There is sufficient evidence to order termination of the tenancy for rent arrears. However, at today’s hearing the parties agreed to a conditional termination of the tenancy. The landlord wants the rent and rent arrears paid and the tenant wants to repay the debt to avoid immediate termination.
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 tenant states that the occupant of the property is now employed and can pay rent. The tenant also states he will ensure the rent is paid.
In this case the parties have agreed that the tenant will pay $1050.00 per week, made up of $650.00 rent and $400.00 rent arrears. The first payment to be made on Friday 4 July 2025 and to continue until the debt is paid in full.
The Tribunal accepts that this agreement is a reasonable and constructive resolution. I am satisfied the tenant will pay the debt as 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 wholly succeeded with the claim I must reimburse 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.

Claims and awards in Tenancy Tribunal application 5280224 — net $4,677.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,650.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,677.00
Total payable by Tenant to Landlord	$4,677.00

Order

Emosi Navoto owes [The landlord/s] $4,677.00 (“the debt”) (to 27 June 2025) as calculated below:
Emosi Navoto must pay the weekly rent and the debt to the landlord as follows: a. By 11 weekly payments of $1,050.00, being $650.00 for rent and $400.00 for the debt. b. A final payment of $927.00, being $650.00 for rent and $277.00 for the debt. c. Payments will be every Friday, with the first payment on 04/07/2025 and continuing until 19/09/2025.
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 two 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 two 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 proceeded by way of video conference. [Property Manager], Property Manager, appeared for the landlord. The tenant did not initially appear by video but was joined to the hearing by telephone.
At the hearing, the tenant advised that he did not reside at the property but had secured it for other people to live in. The tenant said that those people are responsible for paying the rent and meeting the outgoing costs for the property. The landlord confirmed that they are aware of this arrangement. The Tribunal invited the landlord to formalise the relationship between themselves and the occupants of the property. The tenant was advised that until such time as this occurs, they will remain liable for the rent, outgoings, and any damages for the property.
The tenancy commenced on 15 June 2024. Initially for a fixed term (which ended on 14 June 2025) the tenancy is now periodic.
On 5 June 2025, the landlord has filed an application seeking termination of the tenancy on the following grounds: i. The rent was at least 21 days in arrears at the file the application was filed, section 55(1) of the Residential Tenancy Act 1986 (the “Act”). ii. That the tenant failed to remedy a 14-day breach notice for rent arrears and it would be inequitable to refuse to terminate the tenancy, section 56(1)(c) of the Act.
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 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.
Under section 56(1) of the Act, the Tribunal may terminate a tenancy if the tenant has failed to remedy a 14-day breach notice for rent arrears, and it would be inequitable to refuse termination.
Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act. Decision
The landlord provided up to date rent records which prove the amount owed. The tenant took no issue with the records.
The landlord issued a 14-day notice on 3 June 2025 advising the tenant that they were $5150.00 in rent arrears. The notice was not remedied although two payments were made of $750.00 on 14 June 2025 and $1050.00 on 19 June 2025.
At the date of hearing the tenant’s rent arrears totalled $4650.00. The rent is more than 21 days in arrears.
There is sufficient evidence to order termination of the tenancy for rent arrears. However, at today’s hearing the parties agreed to a conditional termination of the tenancy. The landlord wants the rent and rent arrears paid and the tenant wants to repay the debt to avoid immediate termination.
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 tenant states that the occupant of the property is now employed and can pay rent. The tenant also states he will ensure the rent is paid.
In this case the parties have agreed that the tenant will pay $1050.00 per week, made up of $650.00 rent and $400.00 rent arrears. The first payment to be made on Friday 4 July 2025 and to continue until the debt is paid in full.
The Tribunal accepts that this agreement is a reasonable and constructive resolution. I am satisfied the tenant will pay the debt as 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 wholly succeeded with the claim I must reimburse 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.

Tenancy Tribunal case 5280224 — Rent arrears

At a glance

Tenancy Tribunal case 5280224 — 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