What was Tenancy Tribunal case 5355721 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s and landlord’s name and

How much money was awarded in case 5355721?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,670.00 awarded to landlord; Water Rates: $32.59 awarded to landlord

What type of tenancy dispute was case 5355721?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5355721?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12668485-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5355721 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s and landlord’s name and

How much money was awarded in case 5355721?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,670.00 awarded to landlord; Water Rates: $32.59 awarded to landlord

What type of tenancy dispute was case 5355721?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5355721?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12668485-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5355721 — Rent arrears

Claims and awards in Tenancy Tribunal application 5355721 — net $3,410.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 November 2025	$5,670.00	Rent arrears to 14 November 2025
Water rates 04 July 2025 – 04 August 2025	$32.59	Water rates 04 July 2025 – 04 August 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,410.59
Total payable by Tenant to Landlord	$3,410.59

Order

The Tribunal orders suppression of the tenant’s and landlord’s name and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at midnight Friday 14 November 2025
The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $3,410.59 immediately, calculated as shown in the table below:

Reasons

The tenancy commenced on 20 March 2021. On 24 September 2025, the landlord issued the tenant a 14-day breach notice to remedy rent arrears by 8 October 2025. On 29 September 2025, the landlord, anticipating the breach would not be remedied, lodged an application with the Tribunal seeking termination. The landlord also seeks unpaid water rates to 4 August 2025. On 22 October 2025, the application was scheduled for a telephone hearing on 5 November 2025.
Earlier this morning, the Tribunal received email correspondence from the tenant’s son advising that the tenant was in hospital and seeking an adjournment. The Tribunal called both the landlord and the tenant’s son. Ms [ suppressed property manager] appeared for the landlord, and the tenant’s son appeared on behalf of the tenant.
The landlord confirmed that they sought immediate termination of the tenancy, and orders for rent against both the tenant and the tenant’s son, who is a guarantor.
Although the tenant’s son is a guarantor, they have not been named as a party nor served with a copy of the application.
The landlord was given the opportunity to amend the application to add the guarantor as a party, after which the matter would be adjourned for service. The tenant’s son did not object but indicated a preference to be added to the agreement as a tenant.
The tenant’s son states that they have raised concerns about whether the landlord has failed to maintain the property and comply with the Healthy Homes Standards. However, no application has yet been filed.
The landlord stated that they did not wish to have the matter adjourned and declined the opportunity to amend the application. I have therefore proceeded on the basis that the tenant’s son is a representative only.
The landlord advised that they would seek to have the tenant’s son, as guarantor, added after the hearing. The Tribunal’s view is that this will not be possible, and any order made will be against the tenant only and will be final
The tenant’s son advised that the tenant is elderly, has been admitted to hospital, and no longer has mental capacity. Unfortunately, the tenant does not have an enduring power of attorney. Without this, the tenant’s son and other family members face challenges in addressing the tenant’s financial affairs.
The tenant’s son stated that they had approached WINZ, who had agreed in principle to assist to clear any arrears but only if the tenant’s son was joined as a tenant. The tenant’s son states that they have asked the landlord if they could be added to the tenancy, but that the landlord has not actioned this request.
The landlord denies this, stating that they cannot vary the agreement without the tenant’s written consent. They are correct. The landlord accepts that the tenant cannot consent to a variation and has suggested that the family seek a court order enabling them to consent on the tenant’s behalf. Unsurprisingly, the matter remains unresolved, and the rent arrears have grown.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and the rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) of the Residential Tenancies Act 1986 (Act).
The up-to-date rent summary shows that the breach notice was not remedied, and as at today’s date, the rent is at least 21 days in arrears.
The landlord seeks immediate termination, or termination by no later than 10 or 11 November 2025. The tenant’s son states they require a little longer, as the property contains the tenant’s possessions, including medical equipment belonging to Te Whatu Ora.
The tenancy is terminated, and possession is granted to the landlord at midnight on Friday, 14 November 2025.
I award the landlord rent arrears to the end of the tenancy. Water rates.
Under section 39 of the Act, the tenant is responsible for outgoings that are exclusively attributable to their occupation of the premises, such as electricity, gas, telephone, and water charges (if separately metered).
The landlord has provided a water rates invoice for the period 04 July 2025 to 04 August 2025. The claim is based on usage only. The amount claimed is awarded. Costs
As the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Name suppression.
The landlord has been substantially successful, seeks, and is granted name suppression.
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witness or party, not be published.
The tenant does not have capacity. I am satisfied that there are sufficient grounds to exercise the discretion in subsection 95A (4). Accordingly, the Tribunal also orders suppression of the tenant’s name.

Claims and awards in Tenancy Tribunal application 5355721 — net $3,410.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 November 2025	$5,670.00	Rent arrears to 14 November 2025
Water rates 04 July 2025 – 04 August 2025	$32.59	Water rates 04 July 2025 – 04 August 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,410.59
Total payable by Tenant to Landlord	$3,410.59

Order

The Tribunal orders suppression of the tenant’s and landlord’s name and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at midnight Friday 14 November 2025
The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $3,410.59 immediately, calculated as shown in the table below:

Reasons

The tenancy commenced on 20 March 2021. On 24 September 2025, the landlord issued the tenant a 14-day breach notice to remedy rent arrears by 8 October 2025. On 29 September 2025, the landlord, anticipating the breach would not be remedied, lodged an application with the Tribunal seeking termination. The landlord also seeks unpaid water rates to 4 August 2025. On 22 October 2025, the application was scheduled for a telephone hearing on 5 November 2025.
Earlier this morning, the Tribunal received email correspondence from the tenant’s son advising that the tenant was in hospital and seeking an adjournment. The Tribunal called both the landlord and the tenant’s son. Ms [ suppressed property manager] appeared for the landlord, and the tenant’s son appeared on behalf of the tenant.
The landlord confirmed that they sought immediate termination of the tenancy, and orders for rent against both the tenant and the tenant’s son, who is a guarantor.
Although the tenant’s son is a guarantor, they have not been named as a party nor served with a copy of the application.
The landlord was given the opportunity to amend the application to add the guarantor as a party, after which the matter would be adjourned for service. The tenant’s son did not object but indicated a preference to be added to the agreement as a tenant.
The tenant’s son states that they have raised concerns about whether the landlord has failed to maintain the property and comply with the Healthy Homes Standards. However, no application has yet been filed.
The landlord stated that they did not wish to have the matter adjourned and declined the opportunity to amend the application. I have therefore proceeded on the basis that the tenant’s son is a representative only.
The landlord advised that they would seek to have the tenant’s son, as guarantor, added after the hearing. The Tribunal’s view is that this will not be possible, and any order made will be against the tenant only and will be final
The tenant’s son advised that the tenant is elderly, has been admitted to hospital, and no longer has mental capacity. Unfortunately, the tenant does not have an enduring power of attorney. Without this, the tenant’s son and other family members face challenges in addressing the tenant’s financial affairs.
The tenant’s son stated that they had approached WINZ, who had agreed in principle to assist to clear any arrears but only if the tenant’s son was joined as a tenant. The tenant’s son states that they have asked the landlord if they could be added to the tenancy, but that the landlord has not actioned this request.
The landlord denies this, stating that they cannot vary the agreement without the tenant’s written consent. They are correct. The landlord accepts that the tenant cannot consent to a variation and has suggested that the family seek a court order enabling them to consent on the tenant’s behalf. Unsurprisingly, the matter remains unresolved, and the rent arrears have grown.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and the rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) of the Residential Tenancies Act 1986 (Act).
The up-to-date rent summary shows that the breach notice was not remedied, and as at today’s date, the rent is at least 21 days in arrears.
The landlord seeks immediate termination, or termination by no later than 10 or 11 November 2025. The tenant’s son states they require a little longer, as the property contains the tenant’s possessions, including medical equipment belonging to Te Whatu Ora.
The tenancy is terminated, and possession is granted to the landlord at midnight on Friday, 14 November 2025.
I award the landlord rent arrears to the end of the tenancy. Water rates.
Under section 39 of the Act, the tenant is responsible for outgoings that are exclusively attributable to their occupation of the premises, such as electricity, gas, telephone, and water charges (if separately metered).
The landlord has provided a water rates invoice for the period 04 July 2025 to 04 August 2025. The claim is based on usage only. The amount claimed is awarded. Costs
As the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Name suppression.
The landlord has been substantially successful, seeks, and is granted name suppression.
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witness or party, not be published.
The tenant does not have capacity. I am satisfied that there are sufficient grounds to exercise the discretion in subsection 95A (4). Accordingly, the Tribunal also orders suppression of the tenant’s name.

Tenancy Tribunal case 5355721 — Rent arrears

At a glance

Tenancy Tribunal case 5355721 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions