What was Tenancy Tribunal case 5298368 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 5298368?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5298368?

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

Where can I read the official tribunal order for case 5298368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12533921-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5298368 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 5298368?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5298368?

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

Where can I read the official tribunal order for case 5298368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12533921-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5298368 — Rent arrears

Reasons

Both parties attended the remote hearing.

On 31 July 2025 the Tribunal issued orders terminating the tenancy, ordering rent arrears and the release of the bond.

The tenant applied for a rehearing.

On 22 August 2025, a rehearing of the applications to terminate the tenancy and for rent arrears only, was granted. Rent arrears

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

The Tribunal may also terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

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.

The tenant has breached their obligations by failing to pay rent on time and in full.

The landlord served a 14-day notice on the tenant on 10 June 2025, and the tenant did not remedy the breach within the required period.

Section 55(2) RTA provides that notwithstanding subsection (1), the Tribunal may, having regard to the circumstances of the case, refuse to make an order for the termination of the tenancy.

The Tribunal may refuse to make an order if, but only if, it is satisfied that; • The breach has been remedied (where it is capable of remedy). • The landlord has been compensated for any loss arising from the breach. • It is unlikely that the tenant will commit any further breach of a kind to which the section applies.

Having reviewed the most recent rent summary, it appears that the rent arrears has been remedied. The only rent owing being for two days of the current rent period.

No evidence was provided of any losses incurred by the landlord due to the tenant’s failure to pay the rent.

Rent is now being paid directly by WINZ to the landlord, and therefore it seems unlikely that the tenant will commit any further breach of his obligation to pay rent.

The application for termination of the tenancy is dismissed pursuant to the Tribunal’s discretion under s.55(2) RTA.

The tenant should be aware that any future failure to pay rent on time and in full will no doubt inevitably result in the landlord filing a further application with the Tribunal to terminate the tenancy. The landlord may wish to file a copy of this order with any application, so that the adjudicator considering it is aware of the background history.

The tenant did not apply for name suppression.

I consider that continuing the order for name suppression for the landlord is appropriate. The landlord has proven its case and but for the exercise of the Tribunal’s discretion, the tenancy would have been terminated. Suppression of the landlord’s name and details is ordered.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The application for termination of the tenancy and rent arrears is dismissed.

Reasons

Both parties attended the remote hearing.
On 31 July 2025 the Tribunal issued orders terminating the tenancy, ordering rent arrears and the release of the bond.
The tenant applied for a rehearing.
On 22 August 2025, a rehearing of the applications to terminate the tenancy and for rent arrears only, was granted. Rent arrears
Rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) Residential Tenancies Act 1986.
The Tribunal may also terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
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.
The tenant has breached their obligations by failing to pay rent on time and in full.
The landlord served a 14-day notice on the tenant on 10 June 2025, and the tenant did not remedy the breach within the required period.
Section 55(2) RTA provides that notwithstanding subsection (1), the Tribunal may, having regard to the circumstances of the case, refuse to make an order for the termination of the tenancy.
The Tribunal may refuse to make an order if, but only if, it is satisfied that; • The breach has been remedied (where it is capable of remedy). • The landlord has been compensated for any loss arising from the breach. • It is unlikely that the tenant will commit any further breach of a kind to which the section applies.
Having reviewed the most recent rent summary, it appears that the rent arrears has been remedied. The only rent owing being for two days of the current rent period.
No evidence was provided of any losses incurred by the landlord due to the tenant’s failure to pay the rent.
Rent is now being paid directly by WINZ to the landlord, and therefore it seems unlikely that the tenant will commit any further breach of his obligation to pay rent.
The application for termination of the tenancy is dismissed pursuant to the Tribunal’s discretion under s.55(2) RTA.
The tenant should be aware that any future failure to pay rent on time and in full will no doubt inevitably result in the landlord filing a further application with the Tribunal to terminate the tenancy. The landlord may wish to file a copy of this order with any application, so that the adjudicator considering it is aware of the background history.
The tenant did not apply for name suppression.
I consider that continuing the order for name suppression for the landlord is appropriate. The landlord has proven its case and but for the exercise of the Tribunal’s discretion, the tenancy would have been terminated. Suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 5298368 — Rent arrears

At a glance

Tenancy Tribunal case 5298368 — 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