What was Tenancy Tribunal case 5325926 about?

The tribunal order states: The Tribunal orders suppression of the Landlord and Tenants’ names and

How much money was awarded in case 5325926?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,271.43 awarded to landlord

What type of tenancy dispute was case 5325926?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5325926?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12647004-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5325926 about?

The tribunal order states: The Tribunal orders suppression of the Landlord and Tenants’ names and

How much money was awarded in case 5325926?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,271.43 awarded to landlord

What type of tenancy dispute was case 5325926?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5325926?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12647004-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5325926 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5325926 — net $1,299.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/07/2025	$1,271.43	Rent arrears to 25/07/2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,299.43
Total payable by Tenant to Landlord	$1,299.43

The Tribunal orders suppression of the Landlord and Tenants’ names and identifying details.

[The tenant/s] owe [The landlord/s] $1,299.43 immediately, calculated in the table below:

The tenants must pay the debt in order 2 at the rate of $25.00 per week.

The first payment must be made on Wednesday 5 November 2025 and payments must continue every Wednesday thereafter until the debt is paid in full.

If the tenants fail to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

The tenancy agreement was signed on 11 June 2025. The tenancy was to commence on 4 July 2025 at a weekly rent of $500. The landlord’s claim is for rent arrears in the sum of $1,271.43. The tenancy ended on 25 July 2025.

The tenants advised the landlord on 23 June 2025—before the tenancy commenced—that they no longer wished to proceed with the tenancy. The landlord accepted this as notice to terminate the tenancy, which expired on 25 July 2025 (being 21 days from the commencement date). The landlord agreed to accept partial weekly payments towards rent arrears but advised that these payments were not received.

The tenants did not move into the premises, nor pay bond or advance rent. The landlord says they attempted to relet the premises but were unsuccessful until after 25 July 2025. The tenants accept they signed the tenancy agreement but say they could not proceed because of genuine financial hardship. The tenants expressed concerns about what they perceived to be a firm or unsympathetic approach from the landlord, though they now wish to resolve the matter and enter into a repayment plan. The Law

Under the Residential Tenancies Act 1986 (RTA), a tenancy agreement is a legally binding contract once signed by both parties. The Act operates on principles of contract law—requiring offer, acceptance, and certainty of essential terms.

Section 13 of the RTA requires that every tenancy agreement be in writing and signed by both parties. Once signed, the parties are bound by its terms unless otherwise agreed or terminated according to law.

Where a tenant repudiates the agreement before taking possession, the landlord may elect to accept that repudiation and claim damages for loss of rent until the tenancy is relet or until the notice period expires.

The Tribunal’s role is to determine whether the landlord has established its claim on the balance of probabilities, meaning it is more likely than not that the claimed amount is due. Analysis

I am satisfied that there was a binding tenancy agreement. The agreement was signed by both parties on 11 June 2025, with a clear start date of 4 July 2025, rent of $500 per week, and a fixed term to 30 April 2026. The tenants’ later decision not to proceed does not negate the binding nature of the agreement.

Although the tenants never physically occupied the property, their signature created contractual obligations under the Act. By failing to pay rent from the commencement date to the termination date of 25 July 2025, the tenants breached the agreement.

The landlord has not sought any compensation for reletting costs or advertising expenses and has limited their claim to the rent arrears only. The Tribunal accepts the landlord’s evidence that they attempted to relet the property but were unable to do so before the tenancy ended. Therefore, the landlord has established a genuine loss for the period 4 July to 25 July 2025.

After discussion during the hearing, both parties agreed that the outstanding rent arrears of $1,271.43 would be repaid by way of a payment plan of $25 per week, commencing Wednesday, 5 November 2025, and continuing weekly until the debt is paid in full. This decision records the agreement of the parties and has effect as a consent order.

As the landlord has been wholly successful in establishing their claim, the Tribunal orders the tenants to reimburse the filing fee and grants suppression of the landlord’s name.

Under section 95A of the RTA, the Tribunal may order name suppression where publication would cause undue hardship and where it serves no public interest. Given this is a consensual outcome and the tenants have shown good faith in agreeing to repay the debt, I find it appropriate to also grant suppression of the tenants’ names and identifying details.

Claims and awards in Tenancy Tribunal application 5325926 — net $1,299.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/07/2025	$1,271.43	Rent arrears to 25/07/2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,299.43
Total payable by Tenant to Landlord	$1,299.43

Order

The Tribunal orders suppression of the Landlord and Tenants’ names and identifying details.
[The tenant/s] owe [The landlord/s] $1,299.43 immediately, calculated in the table below:

The tenants must pay the debt in order 2 at the rate of $25.00 per week.
The first payment must be made on Wednesday 5 November 2025 and payments must continue every Wednesday thereafter until the debt is paid in full.
If the tenants fail to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

The tenancy agreement was signed on 11 June 2025. The tenancy was to commence on 4 July 2025 at a weekly rent of $500. The landlord’s claim is for rent arrears in the sum of $1,271.43. The tenancy ended on 25 July 2025.
The tenants advised the landlord on 23 June 2025—before the tenancy commenced—that they no longer wished to proceed with the tenancy. The landlord accepted this as notice to terminate the tenancy, which expired on 25 July 2025 (being 21 days from the commencement date). The landlord agreed to accept partial weekly payments towards rent arrears but advised that these payments were not received.
The tenants did not move into the premises, nor pay bond or advance rent. The landlord says they attempted to relet the premises but were unsuccessful until after 25 July 2025. The tenants accept they signed the tenancy agreement but say they could not proceed because of genuine financial hardship. The tenants expressed concerns about what they perceived to be a firm or unsympathetic approach from the landlord, though they now wish to resolve the matter and enter into a repayment plan. The Law
Under the Residential Tenancies Act 1986 (RTA), a tenancy agreement is a legally binding contract once signed by both parties. The Act operates on principles of contract law—requiring offer, acceptance, and certainty of essential terms.
Section 13 of the RTA requires that every tenancy agreement be in writing and signed by both parties. Once signed, the parties are bound by its terms unless otherwise agreed or terminated according to law.
Where a tenant repudiates the agreement before taking possession, the landlord may elect to accept that repudiation and claim damages for loss of rent until the tenancy is relet or until the notice period expires.
The Tribunal’s role is to determine whether the landlord has established its claim on the balance of probabilities, meaning it is more likely than not that the claimed amount is due. Analysis
I am satisfied that there was a binding tenancy agreement. The agreement was signed by both parties on 11 June 2025, with a clear start date of 4 July 2025, rent of $500 per week, and a fixed term to 30 April 2026. The tenants’ later decision not to proceed does not negate the binding nature of the agreement.
Although the tenants never physically occupied the property, their signature created contractual obligations under the Act. By failing to pay rent from the commencement date to the termination date of 25 July 2025, the tenants breached the agreement.
The landlord has not sought any compensation for reletting costs or advertising expenses and has limited their claim to the rent arrears only. The Tribunal accepts the landlord’s evidence that they attempted to relet the property but were unable to do so before the tenancy ended. Therefore, the landlord has established a genuine loss for the period 4 July to 25 July 2025.
After discussion during the hearing, both parties agreed that the outstanding rent arrears of $1,271.43 would be repaid by way of a payment plan of $25 per week, commencing Wednesday, 5 November 2025, and continuing weekly until the debt is paid in full. This decision records the agreement of the parties and has effect as a consent order.
As the landlord has been wholly successful in establishing their claim, the Tribunal orders the tenants to reimburse the filing fee and grants suppression of the landlord’s name.
Under section 95A of the RTA, the Tribunal may order name suppression where publication would cause undue hardship and where it serves no public interest. Given this is a consensual outcome and the tenants have shown good faith in agreeing to repay the debt, I find it appropriate to also grant suppression of the tenants’ names and identifying details.

Tenancy Tribunal case 5325926 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5325926 — Rent arrears

At a glance

Award balance

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