What was Tenancy Tribunal case 5310319 about?

The tribunal order states: The Tribunal grants the application for suppression. The tenancy address and

How much money was awarded in case 5310319?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,190.00 awarded to landlord

What type of tenancy dispute was case 5310319?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5310319?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12400690-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5310319 about?

The tribunal order states: The Tribunal grants the application for suppression. The tenancy address and

How much money was awarded in case 5310319?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,190.00 awarded to landlord

What type of tenancy dispute was case 5310319?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5310319?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12400690-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5310319 — Rent arrears

Claims and awards in Tenancy Tribunal application 5310319. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 18 September 2025	$2,190.00		Rent arrears to 18 September 2025
Filing fee	$28.00		lly successful in its application, the Tribunal orders: a. Reimbursement of the $28.00 filing fee pursuant to section 102 of the Act; and b.

Order

The Tribunal grants the application for suppression. The tenancy address and the landlord’s name and identifying details are to be suppressed.
The tenancy of Kirstin Macpherson at [Tenancy address suppressed] is terminated, with possession granted to [the landlord/s] at 5:00pm on Thursday, 18 September 2025.
The Bond Centre is to release the bond of $2,190.00 ([Bond number suppressed]) to [the landlord/s], upon receipt of the appropriate documents and a copy of this order, to be submitted by the landlord.
Kirstin Macpherson owes rent arrears and is to pay [the landlord/s] the sum of $28.00 immediately, being reimbursement of the filing fee, as outlined below:

Reasons

What are the issues raised in the hearing?

The landlord’s application raised the following matters: a. Termination of the tenancy and possession of the premises; b. Recovery of rent arrears; c. Release of the bond; d. Reimbursement of the filing fee; e. Suppression of the landlord’s identifying details and tenancy address; and f. Consideration of water usage charges.
The tenant did not attend the hearing. As such, a preliminary issue arises as to whether the hearing should proceed in her absence. Should the hearing proceed in the tenant’s absence?
The scheduled hearing was conducted via Microsoft Teams. The landlord was present. The tenant did not attend.
Attempts were made to contact the tenant during the hearing: a. A voice message was left on the first call. b. On the second call, the tenant answered, was informed of the nature of the call, and the call was subsequently disconnected. c. A third call was made but not answered.
The Registry received no contact before, during, or after the hearing from the tenant requesting an adjournment or alternative arrangements.
The landlord confirmed that the tenant’s mobile number and email address held by the Tribunal were current and had recently been used to communicate with the tenant. The tenant last corresponded by email on 21 August 2025. That email address was also used to serve the hearing notice.
The Tribunal is satisfied that the tenant was properly notified of the hearing. Given the above, and as parties are forewarned in the notice of hearing, the Tribunal exercised its discretion under section 91(2)(d) of the Residential Tenancies Act 1986 to proceed with the hearing in her absence. Should the Tribunal hear the landlord’s water charges claim?
During the hearing, the landlord advised that the tenant had incurred unpaid water usage charges and expressed concern that further charges were likely due, particularly considering consistent usage charges inconsistent with the agreed occupancy.
However, this claim was not included in the landlord’s filed application and therefore was not listed in the hearing notice. Therefore, the tenant was not notified or given the opportunity to respond
Additionally, no supporting invoices or documentation were filed or served to substantiate the claim.
Given the above, the Tribunal did not consider any claim for water charges during the hearing. The landlord may, if it wishes, file a further application supported by evidence.

How much is owed for rent?

The landlord provided documentary and oral evidence establishing rent arrears of two weeks at the date of hearing. The Tribunal accepts this evidence as reliable and credible.

Should the tenancy be terminated?

The landlord initially sought termination under section 55(1)(aa) of the Act, which requires: a. Three separate occasions within a 90-day period where rent was at least five working days in arrears; b. That the tenant was served written notices meeting specific statutory requirements on each occasion; c. That the application was made within 28 days of the third notice.
While the landlord provided copies of multiple notices served, it is unnecessary to determine whether the requirements under section 55(1)(aa) have been met. This is because rent was already more than 21 days in arrears at the time the application was filed.
Under section 55(1)(a), where rent is at least 21 days in arrears, the Tribunal must make an order terminating the tenancy.
The only remaining consideration is whether the termination should be final or conditional. The landlord detailed numerous formal and informal opportunities given to the tenant to repay consistent arrears, and the flow-on financial difficulties to meet its own obligations. No repayment arrangement was in place, and the tenant was not present to propose one.
As the Tribunal is not, as required to be, satisfied that the tenant is likely to pay the arrears within a reasonable period or avoid future breaches, a final, rather than conditional, termination order is appropriate. What are the Tribunal’s consequent bond and possession orders?
These issues are interrelated in a practical sense.
The landlord sought possession to take effect on 18 September 2025, considering: a. The tenant's circumstances, including her having dependants (including a son and a nephew); b. A desire to facilitate a managed and timely exit from the premises; c. The fact that rent in advance for the following week was due on the day of hearing and remained unpaid (and seemed unlikely to be paid in all the circumstances).
Given these factors and the arrears, the Tribunal grants possession as of 5:00pm on 18 September 2025.
The bond of $2,190.00 is sufficient to cover both the rent arrears and the rent due for the final week leading to termination. Accordingly, the full bond is to be released to the landlord, who must file the appropriate documentation along with this order with the Bond Centre.

Should the Tribunal order reimbursement of the filing fee and suppression?

As the landlord has been substantially successful in its application, the Tribunal orders: a. Reimbursement of the $28.00 filing fee pursuant to section 102 of the Act; and b. Name and address suppression, pursuant to section 95A, covering both the landlord’s identifying details and the tenancy address.

Claims and awards in Tenancy Tribunal application 5310319. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 18 September 2025	$2,190.00		Rent arrears to 18 September 2025
Filing fee	$28.00		lly successful in its application, the Tribunal orders: a. Reimbursement of the $28.00 filing fee pursuant to section 102 of the Act; and b.

Order

The Tribunal grants the application for suppression. The tenancy address and the landlord’s name and identifying details are to be suppressed.
The tenancy of Kirstin Macpherson at [Tenancy address suppressed] is terminated, with possession granted to [the landlord/s] at 5:00pm on Thursday, 18 September 2025.
The Bond Centre is to release the bond of $2,190.00 ([Bond number suppressed]) to [the landlord/s], upon receipt of the appropriate documents and a copy of this order, to be submitted by the landlord.
Kirstin Macpherson owes rent arrears and is to pay [the landlord/s] the sum of $28.00 immediately, being reimbursement of the filing fee, as outlined below:

Reasons

What are the issues raised in the hearing?

The landlord’s application raised the following matters: a. Termination of the tenancy and possession of the premises; b. Recovery of rent arrears; c. Release of the bond; d. Reimbursement of the filing fee; e. Suppression of the landlord’s identifying details and tenancy address; and f. Consideration of water usage charges.
The tenant did not attend the hearing. As such, a preliminary issue arises as to whether the hearing should proceed in her absence. Should the hearing proceed in the tenant’s absence?
The scheduled hearing was conducted via Microsoft Teams. The landlord was present. The tenant did not attend.
Attempts were made to contact the tenant during the hearing: a. A voice message was left on the first call. b. On the second call, the tenant answered, was informed of the nature of the call, and the call was subsequently disconnected. c. A third call was made but not answered.
The Registry received no contact before, during, or after the hearing from the tenant requesting an adjournment or alternative arrangements.
The landlord confirmed that the tenant’s mobile number and email address held by the Tribunal were current and had recently been used to communicate with the tenant. The tenant last corresponded by email on 21 August 2025. That email address was also used to serve the hearing notice.
The Tribunal is satisfied that the tenant was properly notified of the hearing. Given the above, and as parties are forewarned in the notice of hearing, the Tribunal exercised its discretion under section 91(2)(d) of the Residential Tenancies Act 1986 to proceed with the hearing in her absence. Should the Tribunal hear the landlord’s water charges claim?
During the hearing, the landlord advised that the tenant had incurred unpaid water usage charges and expressed concern that further charges were likely due, particularly considering consistent usage charges inconsistent with the agreed occupancy.
However, this claim was not included in the landlord’s filed application and therefore was not listed in the hearing notice. Therefore, the tenant was not notified or given the opportunity to respond
Additionally, no supporting invoices or documentation were filed or served to substantiate the claim.
Given the above, the Tribunal did not consider any claim for water charges during the hearing. The landlord may, if it wishes, file a further application supported by evidence.

How much is owed for rent?

The landlord provided documentary and oral evidence establishing rent arrears of two weeks at the date of hearing. The Tribunal accepts this evidence as reliable and credible.

Should the tenancy be terminated?

The landlord initially sought termination under section 55(1)(aa) of the Act, which requires: a. Three separate occasions within a 90-day period where rent was at least five working days in arrears; b. That the tenant was served written notices meeting specific statutory requirements on each occasion; c. That the application was made within 28 days of the third notice.
While the landlord provided copies of multiple notices served, it is unnecessary to determine whether the requirements under section 55(1)(aa) have been met. This is because rent was already more than 21 days in arrears at the time the application was filed.
Under section 55(1)(a), where rent is at least 21 days in arrears, the Tribunal must make an order terminating the tenancy.
The only remaining consideration is whether the termination should be final or conditional. The landlord detailed numerous formal and informal opportunities given to the tenant to repay consistent arrears, and the flow-on financial difficulties to meet its own obligations. No repayment arrangement was in place, and the tenant was not present to propose one.
As the Tribunal is not, as required to be, satisfied that the tenant is likely to pay the arrears within a reasonable period or avoid future breaches, a final, rather than conditional, termination order is appropriate. What are the Tribunal’s consequent bond and possession orders?
These issues are interrelated in a practical sense.
The landlord sought possession to take effect on 18 September 2025, considering: a. The tenant's circumstances, including her having dependants (including a son and a nephew); b. A desire to facilitate a managed and timely exit from the premises; c. The fact that rent in advance for the following week was due on the day of hearing and remained unpaid (and seemed unlikely to be paid in all the circumstances).
Given these factors and the arrears, the Tribunal grants possession as of 5:00pm on 18 September 2025.
The bond of $2,190.00 is sufficient to cover both the rent arrears and the rent due for the final week leading to termination. Accordingly, the full bond is to be released to the landlord, who must file the appropriate documentation along with this order with the Bond Centre.

Should the Tribunal order reimbursement of the filing fee and suppression?

As the landlord has been substantially successful in its application, the Tribunal orders: a. Reimbursement of the $28.00 filing fee pursuant to section 102 of the Act; and b. Name and address suppression, pursuant to section 95A, covering both the landlord’s identifying details and the tenancy address.

Tenancy Tribunal case 5310319 — Rent arrears

At a glance

Tenancy Tribunal case 5310319 — Rent arrears

At a glance

Claims & awards

Order

Reasons

What are the issues raised in the hearing?

How much is owed for rent?

Should the tenancy be terminated?

Should the Tribunal order reimbursement of the filing fee and suppression?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

What are the issues raised in the hearing?

How much is owed for rent?

Should the tenancy be terminated?

Should the Tribunal order reimbursement of the filing fee and suppression?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions