What was Tenancy Tribunal case 5298042 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 5298042?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,255.71 awarded to landlord

What type of tenancy dispute was case 5298042?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5298042?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12274330-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5298042 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 5298042?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,255.71 awarded to landlord

What type of tenancy dispute was case 5298042?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5298042?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12274330-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5298042 — Rent arrears

Claims and awards in Tenancy Tribunal application 5298042 — net $3,283.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 15 August 2025	$3,255.71	Rent arrears (to 15 August 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,283.71
Total payable by Tenant to Landlord	$3,283.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and tenant’s name and identifying details.
[The tenant/s] owes [The landlord/s] $3,283.71 (“the debt”) (to 15 August 2025) as calculated below:
[The tenant/s] must pay rent and the debt as follows: a. By 32 weekly payments of $630.00, being $530.00 for rent and $100.00 for the debt. b. A final payment of $613.71, being $530.00 for rent and $83.71 for the debt. c. Payments will be every Thursday, with the first payment on 21/08/2025 and continuing until 02/04/2026.
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 was joined to the hearing by telephone.
The tenancy commenced on 1 June 2018 and is periodic.
On 1 July 2025, the landlord filed an applied seeking termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
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 Residential Tenancies Act 1986 (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 proved the amount owed. The tenant took no issue with the records.
The landlord issued a 14-day breach notice on 23 June 2025 advising the tenant that they were $1060.00 in rent arrears. The notice expired on 7 July 2025 and was not remedied.
At the date of hearing the tenant’s rent arrears totalled $3,255.71. 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 he fell into rent arrears after becoming unwell. He said that because of his illness his heavy vehicle driver’s licenses was medically revoked which prevented him from working. The tenant said that he had no income for a period of time but has now applied for assistance through Work and Income New Zealand.
The tenant told the Tribunal he understands the importance of paying his rent and that he has applied to have a portion of his KiwiSaver released to pay off the arrears in a lump sum. The tenant said he is hopeful this will be able to occur within a week.
The tenant further advised the Tribunal that he now has his son, his son’s partner and a boarder living with him to help with the rent.
In this case the tenant has expressed a willingness to resolve the arrears and has agreed a payment plan with his landlord in the event he is unable to repay the debt in one lump sum. The parties have agreed the tenant will make weekly payments of $630.00, being $530.00 for rent and $100.00 for the debt every Thursday, with the first payment on 21/08/2025 and continuing until 02/04/2026
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
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 landlord’s and tenant’s name and identifying detailed be suppressed.

Claims and awards in Tenancy Tribunal application 5298042 — net $3,283.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 15 August 2025	$3,255.71	Rent arrears (to 15 August 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,283.71
Total payable by Tenant to Landlord	$3,283.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and tenant’s name and identifying details.
[The tenant/s] owes [The landlord/s] $3,283.71 (“the debt”) (to 15 August 2025) as calculated below:
[The tenant/s] must pay rent and the debt as follows: a. By 32 weekly payments of $630.00, being $530.00 for rent and $100.00 for the debt. b. A final payment of $613.71, being $530.00 for rent and $83.71 for the debt. c. Payments will be every Thursday, with the first payment on 21/08/2025 and continuing until 02/04/2026.
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 was joined to the hearing by telephone.
The tenancy commenced on 1 June 2018 and is periodic.
On 1 July 2025, the landlord filed an applied seeking termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
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 Residential Tenancies Act 1986 (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 proved the amount owed. The tenant took no issue with the records.
The landlord issued a 14-day breach notice on 23 June 2025 advising the tenant that they were $1060.00 in rent arrears. The notice expired on 7 July 2025 and was not remedied.
At the date of hearing the tenant’s rent arrears totalled $3,255.71. 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 he fell into rent arrears after becoming unwell. He said that because of his illness his heavy vehicle driver’s licenses was medically revoked which prevented him from working. The tenant said that he had no income for a period of time but has now applied for assistance through Work and Income New Zealand.
The tenant told the Tribunal he understands the importance of paying his rent and that he has applied to have a portion of his KiwiSaver released to pay off the arrears in a lump sum. The tenant said he is hopeful this will be able to occur within a week.
The tenant further advised the Tribunal that he now has his son, his son’s partner and a boarder living with him to help with the rent.
In this case the tenant has expressed a willingness to resolve the arrears and has agreed a payment plan with his landlord in the event he is unable to repay the debt in one lump sum. The parties have agreed the tenant will make weekly payments of $630.00, being $530.00 for rent and $100.00 for the debt every Thursday, with the first payment on 21/08/2025 and continuing until 02/04/2026
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
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 landlord’s and tenant’s name and identifying detailed be suppressed.

Tenancy Tribunal case 5298042 — Rent arrears

At a glance

Tenancy Tribunal case 5298042 — 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