What was Tenancy Tribunal case 5357741 about?

The tribunal order states: The Tribunal Orders suppression of the landlord’s name and identifying details.

How much money was awarded in case 5357741?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5357741?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5357741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12722301-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5357741 about?

The tribunal order states: The Tribunal Orders suppression of the landlord’s name and identifying details.

How much money was awarded in case 5357741?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5357741?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5357741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12722301-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5357741 — Rent arrears

Order

The Tribunal Orders suppression of the landlord’s name and identifying details.
Gregory Martin Olliver must pay [The landlord/s] $74,220.86 immediately, being the filing fee on this application.
The application is dismissed.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord applied for termination of the tenancy for rent arrears.
The tenant has made a last minute payment meaning that the rent is now paid through to the end of the rent week ending Monday 21 November 2025. The landlord does not now seek a termination Order.
The landlord does however say that the rent payments have been very irregular with very significant arrears accumulating and then being paid off, like today. That is confirmed by the rent summary provided.
The landlord asks for a consequential Order to be made, to the effect that if arrears build up again, the tenancy should immediately end.
The tenant says that he has health challenges that make it difficult to keep on top of rent payments. He says that he is looking at other accommodation options and can make sure the rent is paid until something else comes up.

Can a consequential Order be made in these circumstances?

The relevant provision is s.55(1A) which provides that the Tribunal may: “.....instead of making a final termination order for the non-payment of rent under subsection (1)(a), make a conditional order if, but only if, it is satisfied that— (a) the tenant will pay any rent in arrear within a period specified by the Tribunal; and (b) it is unlikely that the tenant will commit any further breach of a kind to which any of paragraphs (a), (b), and (c) of subsection (1) applies. (1B) Any conditional order referred to in subsection (1A)— (a) shall set out the terms of repayment of any rent in arrear or any other conditions attaching to the order; and (b) shall automatically take effect as a final termination order if the conditions are not complied with; and (c) shall lapse if the conditions are complied with.”
That provision gives the ability to add consequential conditions to an Order made as an alternative to termination, once the grounds for termination of the tenancy are established.
Usually, such conditions are appropriate as part of Orders putting in place arrangements for payment of arrears. However, a conditional order is required to set out terms for payment of rent in arear or any other conditions attaching to it. That suggests a conditional Order can be made in other circumstances as well.
Here, there are special circumstances making the landlord’s request quite understandable: a. first the rent payable for the premises is high, meaning risk of significant loss for the landlord from rent not being paid; b. second and more importantly, the rent payment history shows that in the 7 or so months the agreement has been in place, arrears have exceeded 21 days on 3 occasions, being 41 days in arrears at 15 September, and 29 days in arrears at 13 November.
However, a fundamental component of a conditional termination Order is that it will lapse if it the conditions are complied with. For that to be the case, the conditions must have a compliance date or period, which would not be consistent with an ongoing but unspecified obligation, such as that the rent must not be allowed to fall into arrears. I decline the landlord’s request for such an Order.
To address landlords’ legitimate concern about rent arrears being allowed to repeatedly accumulate then be paid off to avoid termination, s.55(1)(aa) RTA was introduced, allowing a landlord to seek termination where there is repeat failure to pay the rent when due, without the requirement that the amount owed reach 21 days’ rent. That provides some safeguard for the landlord here.
Because [The applicant/s] brought the claim justifiably, I must reimburse the filing fee.

Order

The Tribunal Orders suppression of the landlord’s name and identifying details.
Gregory Martin Olliver must pay [The landlord/s] $74,220.86 immediately, being the filing fee on this application.
The application is dismissed.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord applied for termination of the tenancy for rent arrears.
The tenant has made a last minute payment meaning that the rent is now paid through to the end of the rent week ending Monday 21 November 2025. The landlord does not now seek a termination Order.
The landlord does however say that the rent payments have been very irregular with very significant arrears accumulating and then being paid off, like today. That is confirmed by the rent summary provided.
The landlord asks for a consequential Order to be made, to the effect that if arrears build up again, the tenancy should immediately end.
The tenant says that he has health challenges that make it difficult to keep on top of rent payments. He says that he is looking at other accommodation options and can make sure the rent is paid until something else comes up.

Can a consequential Order be made in these circumstances?

The relevant provision is s.55(1A) which provides that the Tribunal may: “.....instead of making a final termination order for the non-payment of rent under subsection (1)(a), make a conditional order if, but only if, it is satisfied that— (a) the tenant will pay any rent in arrear within a period specified by the Tribunal; and (b) it is unlikely that the tenant will commit any further breach of a kind to which any of paragraphs (a), (b), and (c) of subsection (1) applies. (1B) Any conditional order referred to in subsection (1A)— (a) shall set out the terms of repayment of any rent in arrear or any other conditions attaching to the order; and (b) shall automatically take effect as a final termination order if the conditions are not complied with; and (c) shall lapse if the conditions are complied with.”
That provision gives the ability to add consequential conditions to an Order made as an alternative to termination, once the grounds for termination of the tenancy are established.
Usually, such conditions are appropriate as part of Orders putting in place arrangements for payment of arrears. However, a conditional order is required to set out terms for payment of rent in arear or any other conditions attaching to it. That suggests a conditional Order can be made in other circumstances as well.
Here, there are special circumstances making the landlord’s request quite understandable: a. first the rent payable for the premises is high, meaning risk of significant loss for the landlord from rent not being paid; b. second and more importantly, the rent payment history shows that in the 7 or so months the agreement has been in place, arrears have exceeded 21 days on 3 occasions, being 41 days in arrears at 15 September, and 29 days in arrears at 13 November.
However, a fundamental component of a conditional termination Order is that it will lapse if it the conditions are complied with. For that to be the case, the conditions must have a compliance date or period, which would not be consistent with an ongoing but unspecified obligation, such as that the rent must not be allowed to fall into arrears. I decline the landlord’s request for such an Order.
To address landlords’ legitimate concern about rent arrears being allowed to repeatedly accumulate then be paid off to avoid termination, s.55(1)(aa) RTA was introduced, allowing a landlord to seek termination where there is repeat failure to pay the rent when due, without the requirement that the amount owed reach 21 days’ rent. That provides some safeguard for the landlord here.
Because [The applicant/s] brought the claim justifiably, I must reimburse the filing fee.

Tenancy Tribunal case 5357741 — Rent arrears

At a glance

Tenancy Tribunal case 5357741 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Can a consequential Order be made in these circumstances?

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Can a consequential Order be made in these circumstances?

Topics & place

Key findings

Frequently asked questions