How much money was awarded in case 5338723?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,525.61 awarded to landlord

What type of tenancy dispute was case 5338723?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5338723?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12639858-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5338723?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,525.61 awarded to landlord

What type of tenancy dispute was case 5338723?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5338723?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12639858-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5338723 — Rent arrears

Q: What was Tenancy Tribunal case 5338723 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 5338723 — net $2,553.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 30 October 2025	$2,525.61	Rent arrears (to 30 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,553.61
Total payable by Tenant to Landlord	$2,553.61

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

[The tenant/s] owes [The landlord/s] $2,553.61 (“the debt”) as specified in the table below:

[The tenant/s] must pay rent and the debt as follows: a. By 23 weekly payments of $700.00, being $590.00 for rent and $110.00 for the debt. b. A final payment of $613.61, being $590.00 for rent and $23.61 for the debt. c. Payments will be every Wednesday, with the first payment on 05/11/2025 and continuing until 15/04/2026.

Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

If the tenant fails to pay rent and rent arrears within 10 working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. At the hearing the landlord sought a conditional termination order. The landlord wants the rent and rent arrears paid and the tenant wants to repay the debt to avoid immediate termination.

The hearing proceeded by way of video conference. [Property Manager], Property Manager, appeared for the landlord. The tenant was joined to the hearing by telephone.

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 provided up to date rent records which prove the amount owed. The tenant was at least 21 days in arrears when the application was filed, with rent arrears totalling $2,035.61.

At the date of hearing the tenant’s rent debt totalled $2,525.61.

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.

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 Tribunal heard that the tenant arranged for Work and Income New Zealand (WINZ) to make a lump sum payment of $2,280.00 off the rent arrears. The tenant also arranged for WINZ to pay his rent directly from his benefit to the landlord and arranged for WINZ to pay an extra $110.00 per week off his rent debt. This payment arrangement commenced on 15 October 2025 and is reflected in the rent records.

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 $700.00, being $590.00 for the rent and $110.00 for the debt. The first payment under the order will be on Wednesday 5 November 2025 and will continue 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. Costs

Because [The applicant/s] Has been wholly succeeded with the claim I must reimburse the filing fee. Name Suppression

Under section 95A of the Act a party who has been either wholly or substantially successful is entitled to name suppression unless the Tribunal finds that there are reasons relating to the conduct of the party not to do so.

The landlord has been wholly successful and is granted name suppression.

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 5338723 — net $2,553.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 30 October 2025	$2,525.61	Rent arrears (to 30 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,553.61
Total payable by Tenant to Landlord	$2,553.61

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and tenant’s name and identifying details.
[The tenant/s] owes [The landlord/s] $2,553.61 (“the debt”) as specified in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By 23 weekly payments of $700.00, being $590.00 for rent and $110.00 for the debt. b. A final payment of $613.61, being $590.00 for rent and $23.61 for the debt. c. Payments will be every Wednesday, with the first payment on 05/11/2025 and continuing until 15/04/2026.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 10 working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. At the hearing the landlord sought a conditional termination order. The landlord wants the rent and rent arrears paid and the tenant wants to repay the debt to avoid immediate termination.
The hearing proceeded by way of video conference. [Property Manager], Property Manager, appeared for the landlord. The tenant was joined to the hearing by telephone.
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 provided up to date rent records which prove the amount owed. The tenant was at least 21 days in arrears when the application was filed, with rent arrears totalling $2,035.61.
At the date of hearing the tenant’s rent debt totalled $2,525.61.
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.
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 Tribunal heard that the tenant arranged for Work and Income New Zealand (WINZ) to make a lump sum payment of $2,280.00 off the rent arrears. The tenant also arranged for WINZ to pay his rent directly from his benefit to the landlord and arranged for WINZ to pay an extra $110.00 per week off his rent debt. This payment arrangement commenced on 15 October 2025 and is reflected in the rent records.
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 $700.00, being $590.00 for the rent and $110.00 for the debt. The first payment under the order will be on Wednesday 5 November 2025 and will continue 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. Costs
Because [The applicant/s] Has been wholly succeeded with the claim I must reimburse the filing fee. Name Suppression
Under section 95A of the Act a party who has been either wholly or substantially successful is entitled to name suppression unless the Tribunal finds that there are reasons relating to the conduct of the party not to do so.
The landlord has been wholly successful and is granted name suppression.
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 5338723 — Rent arrears

At a glance

Tenancy Tribunal case 5338723 — 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

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