What was Tenancy Tribunal case 5338456 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] and [The tenant/s] tenant/s] at 35A Te

How much money was awarded in case 5338456?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,888.57 awarded to landlord

What type of tenancy dispute was case 5338456?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5338456?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12515061-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5338456 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] and [The tenant/s] tenant/s] at 35A Te

How much money was awarded in case 5338456?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,888.57 awarded to landlord

What type of tenancy dispute was case 5338456?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5338456?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12515061-Tenancy_Tribunal_Order.pdf.

35A Te Manuao Road, Otaki, Otaki 5512 Tenancy Tribunal Case 5338456 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5338456 — net $2,596.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 06 October 2025	$4,888.57	Rent arrears to 06 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,596.57
Total payable by Tenant to Landlord	$2,596.57

The tenancy of [The tenant/s] tenant/s] and [The tenant/s] tenant/s] at 35A Te Manuao Road, Otaki, Otaki 5512 is terminated, and possession is granted to [The tenant/s] landlord/s] and [The tenant/s] landlord/s], at 11.59 pm, Monday 06 October 2025.

The Bond Centre is to pay the bond of $2,320.00 (BN-00125300) to [The tenant/s] landlord/s] and [The tenant/s] landlord/s] immediately.

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] and [The tenant/s] landlord/s] $2,596.57 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 06 October 2025$4,888.57 Filing fee reimbursement$28.00 Total award$4,916.57 Bond$2,320.00 Total payable by Tenant to Landlord$2,596.57

Reasons

The hearing was conducted by video conference.

Ms Lopez Ubiria and Mr Vidiella Salaberry appeared by video link.

Mr Richards and Mr Haitana-Richards attended the hearing by teleconference.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).

The landlord provided rent records which prove the amount owing at the end of the tenancy. The parties’ submissions

The tenants are both presently experiencing financial hardship. Mr Richards stated that he is self-employed as a qualified builder but has been out of work for some time. He advised that he has applied for a business loan to cover both the current rent and the arrears, and that he expects to hear back on the outcome of that application within the day of the hearing.

Mr Haitana-Richards explained that he is currently unemployed and will be receiving financial assistance through Work and Income (WINZ). He said he will receive $290 per week, which covers half of the weekly rent, and that he has an appointment scheduled with WINZ to explore further funding support. Both tenants acknowledged the arrears and apologised to the landlords for the lack of communication.

There is no evidence before me to support the tenants’ submissions. For instance, that Mr Richards can secure a business loan, or that Mr Haitana- Richards will receive financial assistance from WINZ. Without such evidence, I cannot be satisfied that the tenants will not commit further breaches of the tenancy agreement by failing to pay rent regularly.

The landlords also stated that they are experiencing financial strain. They stated that the rent arrears, $4,888.57 as of today, have created “a big hole” in their finances. They advised that they are paying a mortgage on the property and that the unpaid rent has placed them in a difficult position. The landlords now reside in a different jurisdiction and explained that they rely on the rental income to meet their mortgage obligations. Conclusion

I have considered whether a conditional termination order is appropriate under section 55(1A) of the RTA. However, after hearing submissions from Mr Richards and Mr Haitana-Richards individually, I am satisfied that their financial circumstances are unlikely to improve within a reasonable timeframe. Accordingly, the tenancy is terminated. Filing fee

Because [The tenant/s] landlord/s], [The tenant/s] landlord/s] has wholly succeeded with the application, I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5338456 — net $2,596.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 06 October 2025	$4,888.57	Rent arrears to 06 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,596.57
Total payable by Tenant to Landlord	$2,596.57

Order

The tenancy of [The tenant/s] tenant/s] and [The tenant/s] tenant/s] at 35A Te Manuao Road, Otaki, Otaki 5512 is terminated, and possession is granted to [The tenant/s] landlord/s] and [The tenant/s] landlord/s], at 11.59 pm, Monday 06 October 2025.
The Bond Centre is to pay the bond of $2,320.00 (BN-00125300) to [The tenant/s] landlord/s] and [The tenant/s] landlord/s] immediately.
[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] and [The tenant/s] landlord/s] $2,596.57 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 06 October 2025$4,888.57 Filing fee reimbursement$28.00 Total award$4,916.57 Bond$2,320.00 Total payable by Tenant to Landlord$2,596.57

Reasons

The hearing was conducted by video conference.
Ms Lopez Ubiria and Mr Vidiella Salaberry appeared by video link.
Mr Richards and Mr Haitana-Richards attended the hearing by teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).
The landlord provided rent records which prove the amount owing at the end of the tenancy. The parties’ submissions
The tenants are both presently experiencing financial hardship. Mr Richards stated that he is self-employed as a qualified builder but has been out of work for some time. He advised that he has applied for a business loan to cover both the current rent and the arrears, and that he expects to hear back on the outcome of that application within the day of the hearing.
Mr Haitana-Richards explained that he is currently unemployed and will be receiving financial assistance through Work and Income (WINZ). He said he will receive $290 per week, which covers half of the weekly rent, and that he has an appointment scheduled with WINZ to explore further funding support. Both tenants acknowledged the arrears and apologised to the landlords for the lack of communication.
There is no evidence before me to support the tenants’ submissions. For instance, that Mr Richards can secure a business loan, or that Mr Haitana- Richards will receive financial assistance from WINZ. Without such evidence, I cannot be satisfied that the tenants will not commit further breaches of the tenancy agreement by failing to pay rent regularly.
The landlords also stated that they are experiencing financial strain. They stated that the rent arrears, $4,888.57 as of today, have created “a big hole” in their finances. They advised that they are paying a mortgage on the property and that the unpaid rent has placed them in a difficult position. The landlords now reside in a different jurisdiction and explained that they rely on the rental income to meet their mortgage obligations. Conclusion
I have considered whether a conditional termination order is appropriate under section 55(1A) of the RTA. However, after hearing submissions from Mr Richards and Mr Haitana-Richards individually, I am satisfied that their financial circumstances are unlikely to improve within a reasonable timeframe. Accordingly, the tenancy is terminated. Filing fee
Because [The tenant/s] landlord/s], [The tenant/s] landlord/s] has wholly succeeded with the application, I must reimburse the filing fee.

Tenancy Tribunal case 5338456 — Rent arrears at 35A Te Manuao Road, Otaki, Otaki 5512

At a glance

Tenancy Tribunal case 5338456 — Rent arrears at 35A Te Manuao Road, Otaki, Otaki 5512

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.