What was Tenancy Tribunal case 5294966 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 5294966?

Rent Arrears: $3,630.00 awarded to landlord

What type of tenancy dispute was case 5294966?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5294966?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12121233-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5294966 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 5294966?

Rent Arrears: $3,630.00 awarded to landlord

What type of tenancy dispute was case 5294966?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5294966?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12121233-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5294966 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5294966 — net $1,270.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,630.00	Rent arrears
Net award	$1,270.00
Total payable by Tenant to Landlord	$1,270.00

Both parties attended the hearing.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

While this tenancy has been on foot since March 2021, a lease was entered into from 28 May 2023. This lease records that the rent is $610 a week. However, when rent has been paid, the tenant has paid $500 a week. The pattern is that arrears build up are then a partially cleared, and again build up and are partially cleared.

On 9 April 2025, the landlord served a 14-day notice on tenant requiring payment of the arrears. The landlord says this was emailed to the tenant’s email address and was hand delivered by the landlord’s inspection manager to the tenancy. The landlord also says that a number of attempts have been made to call and text the tenant regarding the arrears but with little success.

The tenant was assisted by a support person who was also the previous tenant. They deny having received the 14-day notice, although they did confirm that the email address used has received other correspondence from the landlord before the date of the notice and since. They say that the rent has been underpaid due to alleged healthy homes breaches. They say the healthy homes issues were raised with the landlord during property inspections but were not put in writing. They say that the tenant has struggled to pay the rent at the level agreed in the lease and has been unable to find a flatmate or border due to the alleged breaches.

The landlord says that any healthy homes breaches came about due to damage, such as broken windows, caused by the tenant and his guests.

I advised both parties and repeated this at several points during the hearing that I have no application or evidence before me relating to any alleged healthy homes breaches. What I have before me as an application for rent arrears, with evidence supporting that arrears are owing, and a copy of a disputed 14-day notice.

I note that the rent arrears have been ongoing for over a year. Payment of rent is a tenant’s primary obligation. While the tenant may have had legitimate concerns about the condition of the property a one-sided decision to pay less than the agreed rent is not the way to address those concerns.

S 55 (1) (a) requires the Tribunal to make an order terminating the tenancy if notice has been served on the rent was at least 21 days in arrears when occasion was filed. While there are disagreements about whether the tenant received the notice, it was acknowledged that the email address had received other correspondence from the landlord. During the hearing the landlord said that the email system used showed that the email sending the notice had been opened. I am satisfied that the balance of the evidence shows that the notice had been correctly served.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy. It appears that some payments have been made since the application was filed however, $3630 remain in arrears and I make orders for payment accordingly.

Claims and awards in Tenancy Tribunal application 5294966 — net $1,270.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,630.00	Rent arrears
Net award	$1,270.00
Total payable by Tenant to Landlord	$1,270.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s and Landlord’s name and identifying details.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
While this tenancy has been on foot since March 2021, a lease was entered into from 28 May 2023. This lease records that the rent is $610 a week. However, when rent has been paid, the tenant has paid $500 a week. The pattern is that arrears build up are then a partially cleared, and again build up and are partially cleared.
On 9 April 2025, the landlord served a 14-day notice on tenant requiring payment of the arrears. The landlord says this was emailed to the tenant’s email address and was hand delivered by the landlord’s inspection manager to the tenancy. The landlord also says that a number of attempts have been made to call and text the tenant regarding the arrears but with little success.
The tenant was assisted by a support person who was also the previous tenant. They deny having received the 14-day notice, although they did confirm that the email address used has received other correspondence from the landlord before the date of the notice and since. They say that the rent has been underpaid due to alleged healthy homes breaches. They say the healthy homes issues were raised with the landlord during property inspections but were not put in writing. They say that the tenant has struggled to pay the rent at the level agreed in the lease and has been unable to find a flatmate or border due to the alleged breaches.
The landlord says that any healthy homes breaches came about due to damage, such as broken windows, caused by the tenant and his guests.
I advised both parties and repeated this at several points during the hearing that I have no application or evidence before me relating to any alleged healthy homes breaches. What I have before me as an application for rent arrears, with evidence supporting that arrears are owing, and a copy of a disputed 14-day notice.
I note that the rent arrears have been ongoing for over a year. Payment of rent is a tenant’s primary obligation. While the tenant may have had legitimate concerns about the condition of the property a one-sided decision to pay less than the agreed rent is not the way to address those concerns.
S 55 (1) (a) requires the Tribunal to make an order terminating the tenancy if notice has been served on the rent was at least 21 days in arrears when occasion was filed. While there are disagreements about whether the tenant received the notice, it was acknowledged that the email address had received other correspondence from the landlord. During the hearing the landlord said that the email system used showed that the email sending the notice had been opened. I am satisfied that the balance of the evidence shows that the notice had been correctly served.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy. It appears that some payments have been made since the application was filed however, $3630 remain in arrears and I make orders for payment accordingly.

Tenancy Tribunal case 5294966 — Rent arrears

At a glance

Tenancy Tribunal case 5294966 — 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