What was Tenancy Tribunal case 5281987 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 5281987?

Rent Arrears: $1,120.00 awarded to landlord

What type of tenancy dispute was case 5281987?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5281987?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12048612-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5281987 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 5281987?

Rent Arrears: $1,120.00 awarded to landlord

What type of tenancy dispute was case 5281987?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5281987?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12048612-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5281987 — Rent arrears

Claims and awards in Tenancy Tribunal application 5281987 — net $1,120.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 23 June 2025	$1,120.00	Rent arrears (to 23 June 2025
Net award	$1,120.00
Total payable by Tenant to Landlord	$1,120.00

Order

dated 23 June 2025 contained a payment frequency error. The payment frequency shall be fortnightly, commencing Tuesday 1 July 2025, not weekly as stated. The amount to be paid has been amended to reflect this. The order is amended accordingly.

AMENDED ORDER

An application for suppression has been made in this case, and the Tribunal orders suppression of both the landlord’s and tenant’s name and identifying details.
[The tenant/s] owes [The landlord/s] $1200.00 (“the debt”) (to 23 June 2025) as calculated below:
[The tenant/s] must pay rent and the debt as follows: a. Fortnightly payments commencing Tuesday 1 July 2025 of $530.00, being $480.00 for rent and $50.00 for the debt. b. If the rent changes the tenant must continue paying the current rent plus the agreed payment towards the rent arrears ($50.00 per fortnight). c. Payments will be allocated in the following order: rent then rent arrears. d. If the tenant fails to pay rent and rent arrears within five working days of the due dates: a. The tenancy at 1/70 Great South Road, Manurewa, Manukau, 2102 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt 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 telephone conference. Mr Timu, Senior Tribunal Advisor, appeared for the landlord. The tenant appeared.
The tenancy commenced on 18 November 2021 and is periodic.
On 9 June 2025, the landlord filed an application seeking termination of the tenancy and rent arrears. The landlord relied on the following grounds: a) 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”).
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) of the Act.
The landlord provided up to date rent records which prove the amount owed. The tenant was at least 21 days in arrears when the application was filed.
The landlord verbally confirmed that at the date of hearing the tenant’s arrears totalled $1,120.00. The tenant took no issue with the records.
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 confirms they are now in receipt of maternity leave pay and can pay rent and arrears under a conditional termination order.
In this case the landlord and tenant have agreed a payment plan. After a discussion the landlord and tenant agreed that fortnightly payments of $530.00, being $480.00 for rent and $50.00 for rent arrears would be paid. Payments are to be made every fortnight commencing Tuesday 1 July 2025 until the outstanding balance 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. Name Suppression
While the landlord has not sought a suppression order under s95A of the Act, I consider that this matter is resolved by agreement between the parties and amounts to a consent order. In the interests of fairness and privacy, and given the tenant’s willingness to resolve the matter, I consider it reasonable that the tenant’s name and identifying detailed be suppressed.

Claims and awards in Tenancy Tribunal application 5281987 — net $1,120.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 23 June 2025	$1,120.00	Rent arrears (to 23 June 2025
Net award	$1,120.00
Total payable by Tenant to Landlord	$1,120.00

Order

AMENDED ORDER

An application for suppression has been made in this case, and the Tribunal orders suppression of both the landlord’s and tenant’s name and identifying details.
[The tenant/s] owes [The landlord/s] $1200.00 (“the debt”) (to 23 June 2025) as calculated below:
[The tenant/s] must pay rent and the debt as follows: a. Fortnightly payments commencing Tuesday 1 July 2025 of $530.00, being $480.00 for rent and $50.00 for the debt. b. If the rent changes the tenant must continue paying the current rent plus the agreed payment towards the rent arrears ($50.00 per fortnight). c. Payments will be allocated in the following order: rent then rent arrears. d. If the tenant fails to pay rent and rent arrears within five working days of the due dates: a. The tenancy at 1/70 Great South Road, Manurewa, Manukau, 2102 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt 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 telephone conference. Mr Timu, Senior Tribunal Advisor, appeared for the landlord. The tenant appeared.
The tenancy commenced on 18 November 2021 and is periodic.
On 9 June 2025, the landlord filed an application seeking termination of the tenancy and rent arrears. The landlord relied on the following grounds: a) 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”).
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) of the Act.
The landlord provided up to date rent records which prove the amount owed. The tenant was at least 21 days in arrears when the application was filed.
The landlord verbally confirmed that at the date of hearing the tenant’s arrears totalled $1,120.00. The tenant took no issue with the records.
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 confirms they are now in receipt of maternity leave pay and can pay rent and arrears under a conditional termination order.
In this case the landlord and tenant have agreed a payment plan. After a discussion the landlord and tenant agreed that fortnightly payments of $530.00, being $480.00 for rent and $50.00 for rent arrears would be paid. Payments are to be made every fortnight commencing Tuesday 1 July 2025 until the outstanding balance 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. Name Suppression
While the landlord has not sought a suppression order under s95A of the Act, I consider that this matter is resolved by agreement between the parties and amounts to a consent order. In the interests of fairness and privacy, and given the tenant’s willingness to resolve the matter, I consider it reasonable that the tenant’s name and identifying detailed be suppressed.

Tenancy Tribunal case 5281987 — Rent arrears

At a glance

Tenancy Tribunal case 5281987 — Rent arrears

At a glance

Award balance

Claims & awards

Order

AMENDED 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

AMENDED ORDER

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions