What was Tenancy Tribunal case 5289149 about?

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

How much money was awarded in case 5289149?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5289149?

The primary dispute was Rent arrears. Related themes: Boarding House.

Where can I read the official tribunal order for case 5289149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12132812-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5289149 about?

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

How much money was awarded in case 5289149?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5289149?

The primary dispute was Rent arrears. Related themes: Boarding House.

Where can I read the official tribunal order for case 5289149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12132812-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5289149 — Rent arrears

Reasons

Background

The parties are respectively the tenant and landlord of a boarding house tenancy.

The applicant acknowledges being in one week in arrears.

The respondent served a written notice on the applicant to remedy the arrears within 10 days. The notice stated that, failing payment or an alternative arrangement, the tenancy could be terminated upon 48 hours’ notice.

The applicant applied to the Tribunal to prevent termination. The hearing

The applicant attended the telephone hearing on 17 July 2025.

Notices of hearing were sent to both parties on 9 July 2025.

The respondent attempted to promptly advise of unavailability due to travel on the hearing date, but unfortunately incorrectly contacted the [Event location suppressed] District Court directly, rather than using the email address provided in the notice of hearing. As a result, no representative for the respondent attended.

The Tribunal proceeded, under section 92 of the Residential Tenancies Act 1986 (“the Act”), with the hearing in the respondent’s absence because in preparing for the hearing, the Tribunal noted the following: a. The applicant accepts he is in one week’s arrears; b. The notice served by the respondent appears to comply with its landlords’ rights under section 66U of the Act; c. The applicant did not provide any evidence indicating that any formal notice of termination had been issued, nor invalidly; and d. It was considered more efficient to proceed with the hearing to clarify the applicant’s position and narrow the issues in dispute, should a further hearing be necessary. Applicant’s position

The applicant confirmed that: a. He intends to repay the arrears and may require up to a further two weeks to do so; b. He is taking and will continue to be committed to steps to address the arrears; c. He wishes to continue the tenancy; d. No repayment arrangement has yet been agreed with the respondent; and e. To his knowledge, no formal notice of termination has been served.

The Tribunal notes that the applicant may have mistakenly treated the notice to remedy as a notice of termination Mediation

Given the circumstances, no immediate order regarding rent arrears or termination could be made by the Tribunal at this stage.

Under section 85 of the Act, the Tribunal is required to resolve disputes fairly and promptly, according to their substantive merits and the principles of justice, rather than strict technicalities.

While one option was to dismiss the application, that would not assist in resolving the outstanding debt or the risk to the applicant’s housing, particularly given the relatively modest level of arrears.

Given the limited amount in arrears and the stage of proceedings, the Tribunal considers that mediation is the most effective and constructive way forward.

The applicant expressed a willingness to resolve the matter and preferred to do so through mediation, with the assistance of an independent third party.

Mediation is therefore the most appropriate next step and may assist the parties in resolving not only the arrears but also in improving communication and avoiding unnecessary escalation.

This matter is accordingly referred to mediation. Both parties retain the right to file further applications if required.

Order

The Tribunal orders suppression of the identifying details of the parties and the tenancy address.
The application is referred to mediation by the applicant’s agreement.
A further Tribunal hearing can be scheduled if the matter remains unresolved.

Reasons

Background

The parties are respectively the tenant and landlord of a boarding house tenancy.
The applicant acknowledges being in one week in arrears.
The respondent served a written notice on the applicant to remedy the arrears within 10 days. The notice stated that, failing payment or an alternative arrangement, the tenancy could be terminated upon 48 hours’ notice.
The applicant applied to the Tribunal to prevent termination. The hearing
The applicant attended the telephone hearing on 17 July 2025.
Notices of hearing were sent to both parties on 9 July 2025.
The respondent attempted to promptly advise of unavailability due to travel on the hearing date, but unfortunately incorrectly contacted the [Event location suppressed] District Court directly, rather than using the email address provided in the notice of hearing. As a result, no representative for the respondent attended.
The Tribunal proceeded, under section 92 of the Residential Tenancies Act 1986 (“the Act”), with the hearing in the respondent’s absence because in preparing for the hearing, the Tribunal noted the following: a. The applicant accepts he is in one week’s arrears; b. The notice served by the respondent appears to comply with its landlords’ rights under section 66U of the Act; c. The applicant did not provide any evidence indicating that any formal notice of termination had been issued, nor invalidly; and d. It was considered more efficient to proceed with the hearing to clarify the applicant’s position and narrow the issues in dispute, should a further hearing be necessary. Applicant’s position
The applicant confirmed that: a. He intends to repay the arrears and may require up to a further two weeks to do so; b. He is taking and will continue to be committed to steps to address the arrears; c. He wishes to continue the tenancy; d. No repayment arrangement has yet been agreed with the respondent; and e. To his knowledge, no formal notice of termination has been served.
The Tribunal notes that the applicant may have mistakenly treated the notice to remedy as a notice of termination Mediation
Given the circumstances, no immediate order regarding rent arrears or termination could be made by the Tribunal at this stage.
Under section 85 of the Act, the Tribunal is required to resolve disputes fairly and promptly, according to their substantive merits and the principles of justice, rather than strict technicalities.
While one option was to dismiss the application, that would not assist in resolving the outstanding debt or the risk to the applicant’s housing, particularly given the relatively modest level of arrears.
Given the limited amount in arrears and the stage of proceedings, the Tribunal considers that mediation is the most effective and constructive way forward.
The applicant expressed a willingness to resolve the matter and preferred to do so through mediation, with the assistance of an independent third party.
Mediation is therefore the most appropriate next step and may assist the parties in resolving not only the arrears but also in improving communication and avoiding unnecessary escalation.
This matter is accordingly referred to mediation. Both parties retain the right to file further applications if required.

Tenancy Tribunal case 5289149 — Rent arrears

At a glance

Tenancy Tribunal case 5289149 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions