How much money was awarded in case 5313363?

Rent Arrears: $3,427.14 awarded to landlord

What type of tenancy dispute was case 5313363?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5313363?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12449625-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5313363?

Rent Arrears: $3,427.14 awarded to landlord

What type of tenancy dispute was case 5313363?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5313363?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12449625-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5313363 — Rent arrears

Q: What was Tenancy Tribunal case 5313363 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5313363 — net $3,427.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 23 September 2025	$3,427.14	Rent arrears (to 23 September 2025
Net award	$3,427.14
Total payable by Tenant to Landlord	$3,427.14

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.

[The tenant/s] owes Kāinga Ora–Homes And Communities $3,427.14 (“the debt”).

[The tenant/s] must pay rent and the debt as follows: a. By 83 weekly payments of $448.00, being $407.00 for rent and $41.00 for the debt. b. A final payment of $431.14, being $407.00 for rent and $24.14 for the debt. c. Payments will be every Saturday, with the first payment on 27/09/2025 d. Payments will be allocated in the following order: rent then rent arrears.

If the tenant fails to pay rent and rent arrears within five working days of the due dates:

When the conditional termination order has been paid in full the order will lapse.

Reasons

The hearing proceeded by way of telephone conference. Mr Van Gent, Senior Tribunal Adviser, appeared for the landlord. The tenant appeared.

The tenancy commenced on 10 August 2016 and is periodic.

On 25 July 2025 the landlord applied for termination of the tenancy and rent arrears.

At the hearing the landlord sought a conditional termination order. The tenant supported this submission. The tenant wants to repay the debt to avoid immediate termination of the tenancy.

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”).

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) of the Act.

The landlord has provided up to date rent records which prove the amount owed. The tenant was at least 21 days in rent arrears when the application was filed, with rent arrears totalling $3,879.29.

At the date of hearing the tenant’s rent debt totalled $3,427.14.

The tenant took no issue with the rent records.

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 told the Tribunal her husband lost his job in December 2024, and she has been the sole income earner for the family. She said that she has commenced secondary employment and is working with the Walsh Trust for financial assistance and budgeting help.

The tenant has successfully applied to have her income related rent reduced, effective August 2025, and is making a further application to Work And Income New Zealand to have this backdated to December 2024.

By a narrow margin, the Tribunal is satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. In this case the parties have agreed a payment plan. The parties have agreed the tenant will make weekly payments of $448.00, being $407.00 for the rent and $41.00 for the debt with the first payment to be made on Saturday 27 September 2025 and continuing until the debt is paid in full.

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. Name Suppression

While the landlord has not sought a suppression order under section 95A of the Act, I consider that this matter is resolved by agreement between the parties. In the interests of fairness and privacy, and given the tenant’s willingness to resolve the matter, I consider it reasonable that the tenant’s name and identifying detailed be suppressed.

Claims and awards in Tenancy Tribunal application 5313363 — net $3,427.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 23 September 2025	$3,427.14	Rent arrears (to 23 September 2025
Net award	$3,427.14
Total payable by Tenant to Landlord	$3,427.14

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] owes Kāinga Ora–Homes And Communities $3,427.14 (“the debt”).
[The tenant/s] must pay rent and the debt as follows: a. By 83 weekly payments of $448.00, being $407.00 for rent and $41.00 for the debt. b. A final payment of $431.14, being $407.00 for rent and $24.14 for the debt. c. Payments will be every Saturday, with the first payment on 27/09/2025 d. Payments will be allocated in the following order: rent then rent arrears.
If the tenant fails to pay rent and rent arrears within five working days of the due dates:
When the conditional termination order has been paid in full the order will lapse.

Reasons

The hearing proceeded by way of telephone conference. Mr Van Gent, Senior Tribunal Adviser, appeared for the landlord. The tenant appeared.
The tenancy commenced on 10 August 2016 and is periodic.
On 25 July 2025 the landlord applied for termination of the tenancy and rent arrears.
At the hearing the landlord sought a conditional termination order. The tenant supported this submission. The tenant wants to repay the debt to avoid immediate termination of the tenancy.
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”).

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) of the Act.
The landlord has provided up to date rent records which prove the amount owed. The tenant was at least 21 days in rent arrears when the application was filed, with rent arrears totalling $3,879.29.
At the date of hearing the tenant’s rent debt totalled $3,427.14.
The tenant took no issue with the rent records.
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 told the Tribunal her husband lost his job in December 2024, and she has been the sole income earner for the family. She said that she has commenced secondary employment and is working with the Walsh Trust for financial assistance and budgeting help.
The tenant has successfully applied to have her income related rent reduced, effective August 2025, and is making a further application to Work And Income New Zealand to have this backdated to December 2024.
By a narrow margin, the Tribunal is satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. In this case the parties have agreed a payment plan. The parties have agreed the tenant will make weekly payments of $448.00, being $407.00 for the rent and $41.00 for the debt with the first payment to be made on Saturday 27 September 2025 and continuing until the debt is paid in full.
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. Name Suppression
While the landlord has not sought a suppression order under section 95A of the Act, I consider that this matter is resolved by agreement between the parties. In the interests of fairness and privacy, and given the tenant’s willingness to resolve the matter, I consider it reasonable that the tenant’s name and identifying detailed be suppressed.

Tenancy Tribunal case 5313363 — Rent arrears

At a glance

Tenancy Tribunal case 5313363 — 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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions