What was Tenancy Tribunal case 5309648 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 5309648?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $844.53 awarded to landlord

What type of tenancy dispute was case 5309648?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5309648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12385830-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5309648 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 5309648?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $844.53 awarded to landlord

What type of tenancy dispute was case 5309648?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5309648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12385830-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5309648 — Rent arrears

Claims and awards in Tenancy Tribunal application 5309648 — net $872.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$844.53	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$872.53
Total payable by Tenant to Landlord	$872.53

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of [the landlord/s]’s name and identifying details.
Nicholas Kayne Nitro owes [The landlord/s] $872.53 (“the debt”).
Nicholas Kayne Nitro must pay rent and the debt as follows: a. By 8 weekly payments of $188.00, being $88.00 for current rent and $100.00 for the debt. b. A final payment of $160.53, being $88.00 for rent and $72.53 for the debt. c. Payments will be every Wednesday, with the first payment on 10/09/2025 and continuing until 05/11/2025.
Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
If the tenant fails to pay current rent and rent arrears within 2 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 2 working days of the due date, the filing fee will be payable immediately. DescriptionLandlord Rent arrears$844.53 Filing fee reimbursement$28.00 Total award$872.53 Total payable by Tenant to Landlord$872.53

Reasons

[The property manager] and [the landlord’s representative] attended the hearing on behalf of the landlord.
Mr Nitro, the tenant, also attended the hearing.
The hearing was conducted via teleconference.
The 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?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
In considering the matter before me, I have taken into account the submissions by both parties.
Mr Nitro, the tenant, accepts that rent arrears have accrued but attributes this to a change in his benefit arrangements. He explains that his rent was previously paid directly by Work and Income, but following a switch from Jobseeker to a student loan arrangement, those automatic payments ceased without his immediate knowledge. He submits that he is now in a position to take over payments personally and proposes to pay both his ongoing rent of $88 per week as well as an additional $100 per week toward arrears. He states that his income of $325 per week enables him to meet this obligation, and he emphasises that he has a strong desire to remain in the tenancy, citing both his attachment to the property and his community ties.
On the other hand, [the property manager], the property manager, is seeking termination only. He notes that the arrears currently stand at $844.53 as of 10 September 2025 and submits that previous assurances from Mr Nitro have not been honoured. In particular, he refers to an email in late July this year in which Mr Nitro promised to set up an automatic payment that never eventuated. [The property manager] expresses serious doubts that the tenant could maintain both ongoing rent and an additional $100 per week. He further highlights the tenant’s history, noting a prior Tenancy Tribunal order in which a tenancy was terminated for substantial arrears. [The property manager] argues that the landlord has already been lenient, but given the repeated defaults and broken promises, termination is the only appropriate course.
Having considered the submissions of both parties, I am, on a fine balance, satisfied that the tenant will be able to discharge the arrears within the period specified in the order and is unlikely to commit any further relevant breach. Mr Nitro has an income of $325 per week, and the arrears can reasonably be cleared within eight weeks. On that basis, I have determined that a conditional termination order is appropriate.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
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) Residential Tenancies Act 1986. Filing fee
Because [The landlord/s] has wholly succeeded with the application I must reimburse the filing fee. Name suppression
Because [The landlord/s] has substantially succeeded in proceedings I have granted the name suppression application.

Claims and awards in Tenancy Tribunal application 5309648 — net $872.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$844.53	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$872.53
Total payable by Tenant to Landlord	$872.53

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of [the landlord/s]’s name and identifying details.
Nicholas Kayne Nitro owes [The landlord/s] $872.53 (“the debt”).
Nicholas Kayne Nitro must pay rent and the debt as follows: a. By 8 weekly payments of $188.00, being $88.00 for current rent and $100.00 for the debt. b. A final payment of $160.53, being $88.00 for rent and $72.53 for the debt. c. Payments will be every Wednesday, with the first payment on 10/09/2025 and continuing until 05/11/2025.
Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
If the tenant fails to pay current rent and rent arrears within 2 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 2 working days of the due date, the filing fee will be payable immediately. DescriptionLandlord Rent arrears$844.53 Filing fee reimbursement$28.00 Total award$872.53 Total payable by Tenant to Landlord$872.53

Reasons

[The property manager] and [the landlord’s representative] attended the hearing on behalf of the landlord.
Mr Nitro, the tenant, also attended the hearing.
The hearing was conducted via teleconference.
The 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?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
In considering the matter before me, I have taken into account the submissions by both parties.
Mr Nitro, the tenant, accepts that rent arrears have accrued but attributes this to a change in his benefit arrangements. He explains that his rent was previously paid directly by Work and Income, but following a switch from Jobseeker to a student loan arrangement, those automatic payments ceased without his immediate knowledge. He submits that he is now in a position to take over payments personally and proposes to pay both his ongoing rent of $88 per week as well as an additional $100 per week toward arrears. He states that his income of $325 per week enables him to meet this obligation, and he emphasises that he has a strong desire to remain in the tenancy, citing both his attachment to the property and his community ties.
On the other hand, [the property manager], the property manager, is seeking termination only. He notes that the arrears currently stand at $844.53 as of 10 September 2025 and submits that previous assurances from Mr Nitro have not been honoured. In particular, he refers to an email in late July this year in which Mr Nitro promised to set up an automatic payment that never eventuated. [The property manager] expresses serious doubts that the tenant could maintain both ongoing rent and an additional $100 per week. He further highlights the tenant’s history, noting a prior Tenancy Tribunal order in which a tenancy was terminated for substantial arrears. [The property manager] argues that the landlord has already been lenient, but given the repeated defaults and broken promises, termination is the only appropriate course.
Having considered the submissions of both parties, I am, on a fine balance, satisfied that the tenant will be able to discharge the arrears within the period specified in the order and is unlikely to commit any further relevant breach. Mr Nitro has an income of $325 per week, and the arrears can reasonably be cleared within eight weeks. On that basis, I have determined that a conditional termination order is appropriate.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
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) Residential Tenancies Act 1986. Filing fee
Because [The landlord/s] has wholly succeeded with the application I must reimburse the filing fee. Name suppression
Because [The landlord/s] has substantially succeeded in proceedings I have granted the name suppression application.

Tenancy Tribunal case 5309648 — Rent arrears

At a glance

Tenancy Tribunal case 5309648 — 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