What was Tenancy Tribunal case 5294982 about?

The tribunal order states: : rent, rent arrears.

How much money was awarded in case 5294982?

The reconciled net award was $1,602.94.

What type of tenancy dispute was case 5294982?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5294982?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12449628-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5294982 about?

The tribunal order states: : rent, rent arrears.

How much money was awarded in case 5294982?

The reconciled net award was $1,602.94.

What type of tenancy dispute was case 5294982?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5294982?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12449628-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5294982 — Rent arrears

Order

: rent, rent arrears.

If the tenant fails to pay rent and rent arrears within 5 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.

Reasons

Both parties attended the hearing which was held by phone. Ms Gautam represented the landlord. [Tenant 1] appeared but there was not appearance by [Tenant 2].
The landlord’s application named [Tenant 2] as a tenant together with [Tenant 1].
However at the hearing [Tenant 1] explained that [Tenant 2] is unwell and suffering from Parkinsons disease, and has left the tenancy. His family have redirected his WINZ payments so although [Tenant 1] has continued to pay her half of the rent the rent has gradually fallen into arrears.
The landlord produced a letter signed by [Tenant 2] stating that he agrees that [Tenant 1] may take over this tenancy on the basis that she also takes responsibility for any arrears. [Tenant 1] has agreed to this.
There was no appearance by [Tenant 2] at the hearing today. The hearing was to have been held by video conference but the method of hearing was switched to phone as neither [Tenant 1] nor [Tenant 2] had joined the video conference.
I called [Tenant 2]’s phone but, although it was the same number recorded on the landlord’s application, a person answered who did not know [Tenant 2].
I am satisfied that the proceeding has been served on [Tenant 2] in accordance with the service provisions of the Residential Tenancies Act 1986 and so the hearing proceeded in his absence. Should [Tenant 2] be removed as a tenant?
[Tenant 1] said that she wishes to stay on and will pay the outstanding arrears. She said that [Tenant 2] has had his WINZ payments re-directed and that she does not believe that he wishes to return. If the situation continues the arrears will keep increasing.
The landlord understands the position but has not been able to speak with [Tenant 2] directly to confirm the position.
I consider that [Tenant 2] should be removed as a tenant. I accept the letter signed by [Tenant 2] on 9 September 2025 as evidence of him wishing to leave the tenancy. The rent records show that he has not been paying rent for some time. What are the landlord’s claims?
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?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
The tenant breached their obligations by not paying rent on time, although I accept that this has occurred due to the actions of the other tenant. On 15 May 2025 the landlord served a 14-day notice on the tenants, on 6 June advised that an application would be made to the Tribunal and on 25 June 2025 sent a 14 day notice in respect of water arrears.
The breach was not remedied within the required period but last week the tenant made a payment of $3,430.00 which substantially reduced the arrears. As at today’s date the rent is 20 days in arrears. The amounts owing is $1,602.94, made up as follows: a. $1,276.79 (rent arrears to today’s date) b. $190.71 (rent owing in advance to 26 September 2025) c. $135.44 (water owing from May – August 2025 as evidenced by water invoices)
The tenant has offered to pay the amount owing at $100.00 per week, in addition to paying the full weekly rent of $445.00.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
As the parties have agreed to these orders I do not consider that there is any public interest in publication, and so have suppressed the parties’ names and identifying details.
[Tenant 1] may wish to review her payments for water as the payments for water do not seem to be covering the water invoices.

Order

: rent, rent arrears.

If the tenant fails to pay rent and rent arrears within 5 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.

Reasons

Both parties attended the hearing which was held by phone. Ms Gautam represented the landlord. [Tenant 1] appeared but there was not appearance by [Tenant 2].
The landlord’s application named [Tenant 2] as a tenant together with [Tenant 1].
However at the hearing [Tenant 1] explained that [Tenant 2] is unwell and suffering from Parkinsons disease, and has left the tenancy. His family have redirected his WINZ payments so although [Tenant 1] has continued to pay her half of the rent the rent has gradually fallen into arrears.
The landlord produced a letter signed by [Tenant 2] stating that he agrees that [Tenant 1] may take over this tenancy on the basis that she also takes responsibility for any arrears. [Tenant 1] has agreed to this.
There was no appearance by [Tenant 2] at the hearing today. The hearing was to have been held by video conference but the method of hearing was switched to phone as neither [Tenant 1] nor [Tenant 2] had joined the video conference.
I called [Tenant 2]’s phone but, although it was the same number recorded on the landlord’s application, a person answered who did not know [Tenant 2].
I am satisfied that the proceeding has been served on [Tenant 2] in accordance with the service provisions of the Residential Tenancies Act 1986 and so the hearing proceeded in his absence. Should [Tenant 2] be removed as a tenant?
[Tenant 1] said that she wishes to stay on and will pay the outstanding arrears. She said that [Tenant 2] has had his WINZ payments re-directed and that she does not believe that he wishes to return. If the situation continues the arrears will keep increasing.
The landlord understands the position but has not been able to speak with [Tenant 2] directly to confirm the position.
I consider that [Tenant 2] should be removed as a tenant. I accept the letter signed by [Tenant 2] on 9 September 2025 as evidence of him wishing to leave the tenancy. The rent records show that he has not been paying rent for some time. What are the landlord’s claims?
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?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
The tenant breached their obligations by not paying rent on time, although I accept that this has occurred due to the actions of the other tenant. On 15 May 2025 the landlord served a 14-day notice on the tenants, on 6 June advised that an application would be made to the Tribunal and on 25 June 2025 sent a 14 day notice in respect of water arrears.
The breach was not remedied within the required period but last week the tenant made a payment of $3,430.00 which substantially reduced the arrears. As at today’s date the rent is 20 days in arrears. The amounts owing is $1,602.94, made up as follows: a. $1,276.79 (rent arrears to today’s date) b. $190.71 (rent owing in advance to 26 September 2025) c. $135.44 (water owing from May – August 2025 as evidenced by water invoices)
The tenant has offered to pay the amount owing at $100.00 per week, in addition to paying the full weekly rent of $445.00.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
As the parties have agreed to these orders I do not consider that there is any public interest in publication, and so have suppressed the parties’ names and identifying details.
[Tenant 1] may wish to review her payments for water as the payments for water do not seem to be covering the water invoices.

Tenancy Tribunal case 5294982 — Rent arrears

At a glance

Tenancy Tribunal case 5294982 — 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