What was Tenancy Tribunal case 5325461 about?

The tribunal order states: An application for name suppression has been made. The Tribunal orders

How much money was awarded in case 5325461?

Cleaning: $151.29 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,018.56 awarded to landlord; Fire Alarm System: $143.75 awarded to landlord; Volumetric Water Consumption Charges: $2,006.58 awarded to landlord

What type of tenancy dispute was case 5325461?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5325461?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12323201-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5325461 about?

The tribunal order states: An application for name suppression has been made. The Tribunal orders

How much money was awarded in case 5325461?

Cleaning: $151.29 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,018.56 awarded to landlord; Fire Alarm System: $143.75 awarded to landlord; Volumetric Water Consumption Charges: $2,006.58 awarded to landlord

What type of tenancy dispute was case 5325461?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5325461?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12323201-Tribunal_Order_Redacted.pdf.

129C East Tamaki Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5325461 — Rent arrears

Claims and awards in Tenancy Tribunal application 5325461 — net $3,780.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 August 2025	$2,018.56	Rent arrears to 25 August 2025
Repairs: Fire alarm system	$143.75	Repairs: Fire alarm system
Cleaning: x2 costs	$151.29	Cleaning: x2 costs
Volumetric water consumption charges	$2,006.58	Volumetric water consumption charges
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,780.18
Total payable by Tenant to Landlord	$3,780.18

Order

An application for name suppression has been made. The Tribunal orders interim suppression of the names and identifying details of both parties until the next hearing, at which point the adjudicator will determine the final position.
This application is referred to mediation, and the hearing is adjourned accordingly.
If the matter is not resolved at mediation, a further hearing may be scheduled.
If either party intends to rely on any further information at the next hearing, they must file it with the Registry and serve it on the other party no later than three working days before the scheduled hearing date.

Reasons

Introduction

Both parties attended the hearing.
The tenant occupies the premises with her four children and is also an employee of the landlord.
The landlord seeks termination of the tenancy, rent arrears, refund of the bond, compensation (for water charges, repairs, and cleaning), reimbursement of the filing fee, and name suppression, as follows: DescriptionLandlordTenant Rent arrears to 25 August 2025$2,018.56 Repairs: Fire alarm system$143.75 Cleaning: x2 costs $151.29 Volumetric water consumption charges$2,006.58 Filing fee reimbursement$28.00 Total award$4,348.18 Less Bond$568.00 Total payable by Tenant to Landlord$3,780.18 Compensation claims for cleaning and repairs costs
The landlord’s invoices summary lists these claimed costs as: 20/06/2023 General Maintenance$143.75 Description: Fixed alarm system 21/11/2023 Cleaning$70.92 Description: Water consumption charges: 21.09.23-20.10.23 12/12/2023 Cleaning$80.37 Description: Water consumption charges: 20.10.23-21.11.23
In addition to the age of these claims, the following is noted: a. Both parties agree the tenant maintains a very high standard of cleanliness and is otherwise an excellent tenant. b. The descriptions accompanying the cleaning charges refer to water consumption, which is recorded differently elsewhere in the account summary, raising questions about their accuracy. c. The tenant disputes the repair and cleaning charges, and no invoices or supporting documentation were available today. The tenant suspects that these charges may relate to another tenancy for neighbouring units and were mistakenly allocated to her account.
In the absence of further documentation or clarification (if such exists), and as discussed at the hearing, these aspects of the landlord’s claim appear at risk of being dismissed for lack of evidence. Volumetric water consumption charges
The landlord has not provided copies of the water invoices, but the tenant does not dispute that she has not paid for any water usage since the tenancy began. She confirms she has received the invoices via email.
Both parties agree that during a meeting on 20 March 2025, they discussed the outstanding charges. The tenant believed she was to prioritise rent arrears before addressing water charges.
The tenant now offers to pay $50.00 fortnightly toward the outstanding balance of $2,006.58. Rent arrears
The landlord provided evidence of rent arrears totalling $2,018.56. The tenant does not dispute this and seeks to repay the debt to avoid termination.
The landlord, a social housing provider, is concerned by the tenant’s long- standing rent issues. Two prior Tribunal orders have been issued on: a. 22 March 2024: Termination order in the tenant’s absence for $5,567.58; and b. 24 February 2025: Conditional termination for arrears of $2,289.00 (which was not consistently complied with)
The tenant explained that in the past, rent arrears were resolved by using her employer-provided leave credits and automatic payroll deductions. However, during a three-week trip to Samoa in July–August 2025, she lost her phone and had to change her contact details, which disrupted her communications and payment arrangements.
The tenant has not yet reinstated any formal payment arrangement, and no payroll documentation has been provided by either party to clarify what happened or what may be possible.
The tenant now proposes to pay rent and debt (arrears, filing fee, water, and any compensation) via fortnightly payments of $786.00, consisting of payments every Wednesday of: a. $628.00 (two weeks’ rent); b. $136.00 (toward arrears/compensation); and c. $50.00 (toward water arrears).
The landlord’s concerns about the proposal include: a. A pattern of accrued arrears in the past; b. The tenant has not confirmed in writing whether leave credits can again be applied, or any other means is possible to at least provide a sizeable repayment in the first instance; and c. There is no written explanation or confirmation from the tenant about why the earlier automatic payments ceased.
The tenant also acknowledged she has not yet explored additional financial support (e.g. from MSD) but is willing to apply. Any entitlements will, of course, be subject to those agencies’ assessment.

Should a conditional termination order be made?

Where, as here, rent is 21 days or more in arrears at the time of filing, the Tribunal must consider either a final or conditional termination order under s 55(1)(a) and (1A) of the Residential Tenancies Act 1986.
The tenant is fully aware of the serious risk of eviction and the potential for homelessness for herself and her four children. She seeks an opportunity to repay the debt and committed to taking immediate steps to start making payments, regardless of the outcome of this application.
While parts of the landlord’s claim may ultimately be declined, the remaining arrears raise legitimate questions about the tenant’s ability to meet the ongoing rent, particularly given her inconsistent payment history, and today’s failure to provide supporting documentation.
The additional layer of complexity arising from the landlord-tenant employment relationship is also relevant, even if not determinative of liability. Mediation
Given the above, and considering the landlord’s decision to bypass mediation, the Tribunal considers that mediation is now the more appropriate pathway. This will allow the parties to resolve both the tenancy matters in a more flexible and holistic forum, bearing in mind the employment relationship.
The parties are encouraged to bring all necessary information to the mediation, including, evidence about the compensation claims, payroll records/arrangements and financial support applications, to meaningfully engage in the process.
If mediation is unsuccessful, the matter will return to the Tribunal for determination. Any additional evidence must be filed with the Registry and served on the other party at least three working days before the hearing date. Name suppression
In its application (as in previous applications). the landlord sought name suppression. Given the circumstances – including the sensitive nature of potential impact on the parties’ employment relationship and the possibility of a confidential mediated resolution – interim name and identifying detail suppression is granted. Final determination of suppression will be made at any subsequent hearing.

Claims and awards in Tenancy Tribunal application 5325461 — net $3,780.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 August 2025	$2,018.56	Rent arrears to 25 August 2025
Repairs: Fire alarm system	$143.75	Repairs: Fire alarm system
Cleaning: x2 costs	$151.29	Cleaning: x2 costs
Volumetric water consumption charges	$2,006.58	Volumetric water consumption charges
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,780.18
Total payable by Tenant to Landlord	$3,780.18

Order

An application for name suppression has been made. The Tribunal orders interim suppression of the names and identifying details of both parties until the next hearing, at which point the adjudicator will determine the final position.
This application is referred to mediation, and the hearing is adjourned accordingly.
If the matter is not resolved at mediation, a further hearing may be scheduled.
If either party intends to rely on any further information at the next hearing, they must file it with the Registry and serve it on the other party no later than three working days before the scheduled hearing date.

Reasons

Introduction

Both parties attended the hearing.
The tenant occupies the premises with her four children and is also an employee of the landlord.
The landlord seeks termination of the tenancy, rent arrears, refund of the bond, compensation (for water charges, repairs, and cleaning), reimbursement of the filing fee, and name suppression, as follows: DescriptionLandlordTenant Rent arrears to 25 August 2025$2,018.56 Repairs: Fire alarm system$143.75 Cleaning: x2 costs $151.29 Volumetric water consumption charges$2,006.58 Filing fee reimbursement$28.00 Total award$4,348.18 Less Bond$568.00 Total payable by Tenant to Landlord$3,780.18 Compensation claims for cleaning and repairs costs
The landlord’s invoices summary lists these claimed costs as: 20/06/2023 General Maintenance$143.75 Description: Fixed alarm system 21/11/2023 Cleaning$70.92 Description: Water consumption charges: 21.09.23-20.10.23 12/12/2023 Cleaning$80.37 Description: Water consumption charges: 20.10.23-21.11.23
In addition to the age of these claims, the following is noted: a. Both parties agree the tenant maintains a very high standard of cleanliness and is otherwise an excellent tenant. b. The descriptions accompanying the cleaning charges refer to water consumption, which is recorded differently elsewhere in the account summary, raising questions about their accuracy. c. The tenant disputes the repair and cleaning charges, and no invoices or supporting documentation were available today. The tenant suspects that these charges may relate to another tenancy for neighbouring units and were mistakenly allocated to her account.
In the absence of further documentation or clarification (if such exists), and as discussed at the hearing, these aspects of the landlord’s claim appear at risk of being dismissed for lack of evidence. Volumetric water consumption charges
The landlord has not provided copies of the water invoices, but the tenant does not dispute that she has not paid for any water usage since the tenancy began. She confirms she has received the invoices via email.
Both parties agree that during a meeting on 20 March 2025, they discussed the outstanding charges. The tenant believed she was to prioritise rent arrears before addressing water charges.
The tenant now offers to pay $50.00 fortnightly toward the outstanding balance of $2,006.58. Rent arrears
The landlord provided evidence of rent arrears totalling $2,018.56. The tenant does not dispute this and seeks to repay the debt to avoid termination.
The landlord, a social housing provider, is concerned by the tenant’s long- standing rent issues. Two prior Tribunal orders have been issued on: a. 22 March 2024: Termination order in the tenant’s absence for $5,567.58; and b. 24 February 2025: Conditional termination for arrears of $2,289.00 (which was not consistently complied with)
The tenant explained that in the past, rent arrears were resolved by using her employer-provided leave credits and automatic payroll deductions. However, during a three-week trip to Samoa in July–August 2025, she lost her phone and had to change her contact details, which disrupted her communications and payment arrangements.
The tenant has not yet reinstated any formal payment arrangement, and no payroll documentation has been provided by either party to clarify what happened or what may be possible.
The tenant now proposes to pay rent and debt (arrears, filing fee, water, and any compensation) via fortnightly payments of $786.00, consisting of payments every Wednesday of: a. $628.00 (two weeks’ rent); b. $136.00 (toward arrears/compensation); and c. $50.00 (toward water arrears).
The landlord’s concerns about the proposal include: a. A pattern of accrued arrears in the past; b. The tenant has not confirmed in writing whether leave credits can again be applied, or any other means is possible to at least provide a sizeable repayment in the first instance; and c. There is no written explanation or confirmation from the tenant about why the earlier automatic payments ceased.
The tenant also acknowledged she has not yet explored additional financial support (e.g. from MSD) but is willing to apply. Any entitlements will, of course, be subject to those agencies’ assessment.

Should a conditional termination order be made?

Where, as here, rent is 21 days or more in arrears at the time of filing, the Tribunal must consider either a final or conditional termination order under s 55(1)(a) and (1A) of the Residential Tenancies Act 1986.
The tenant is fully aware of the serious risk of eviction and the potential for homelessness for herself and her four children. She seeks an opportunity to repay the debt and committed to taking immediate steps to start making payments, regardless of the outcome of this application.
While parts of the landlord’s claim may ultimately be declined, the remaining arrears raise legitimate questions about the tenant’s ability to meet the ongoing rent, particularly given her inconsistent payment history, and today’s failure to provide supporting documentation.
The additional layer of complexity arising from the landlord-tenant employment relationship is also relevant, even if not determinative of liability. Mediation
Given the above, and considering the landlord’s decision to bypass mediation, the Tribunal considers that mediation is now the more appropriate pathway. This will allow the parties to resolve both the tenancy matters in a more flexible and holistic forum, bearing in mind the employment relationship.
The parties are encouraged to bring all necessary information to the mediation, including, evidence about the compensation claims, payroll records/arrangements and financial support applications, to meaningfully engage in the process.
If mediation is unsuccessful, the matter will return to the Tribunal for determination. Any additional evidence must be filed with the Registry and served on the other party at least three working days before the hearing date. Name suppression
In its application (as in previous applications). the landlord sought name suppression. Given the circumstances – including the sensitive nature of potential impact on the parties’ employment relationship and the possibility of a confidential mediated resolution – interim name and identifying detail suppression is granted. Final determination of suppression will be made at any subsequent hearing.

Tenancy Tribunal case 5325461 — Rent arrears at 129C East Tamaki Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 5325461 — Rent arrears at 129C East Tamaki Road, Papatoetoe, Auckland 2025

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