What was Tenancy Tribunal case 5365761 about?

The tribunal order states: The tenants’ names and identifying details including the tenancy address

How much money was awarded in case 5365761?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5365761?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5365761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12795059-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5365761 about?

The tribunal order states: The tenants’ names and identifying details including the tenancy address

How much money was awarded in case 5365761?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5365761?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5365761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12795059-Tribunal_Order_Redacted.pdf.

[Street address] West Harbour, Auckland 0618 Tenancy Tribunal Case 5365761 — Rent arrears

Order

The tenants’ names and identifying details including the tenancy address must not be published.
The landlord’s application for termination is dismissed.
The landlord’s application for rent arrears is dismissed without prejudice.

Reasons

Hunter Moros attended the hearing for the landlord.
The first-named tenant attended for the tenants.
The landlord has applied for termination of the tenancy for breach of the tenants’ obligation not to use the premises for unlawful purposes and rent arrears.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where due to the nature or extent of the breach, it would be inequitable to refuse to terminate. 1
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone. However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
Section 40(2)(b) of the Residential Tenancies Act 1986 (RTA) provides: (2) The tenant shall not – (b) use the premises, or permit the premises to be used, for any unlawful purpose...
The landlord relied on a Police schedule that includes alleged offending at the address including: a. On 24 June 2025, drugs were located in the house and the tenants’ two sons and another person were charges with possession of cannabis for supply. b. On 22 January 2025, the tenant and her partner were charged in relation to firearms at the house.
The tenant explained that she was unaware that her sons had cannabis at the house. However, neither of them live at the premises anymore. She says her partner did unlawfully possess firearms, but the firearms were not at the address. She was originally charged also, but Police has withdrawn the charges against her.
It would not be inequitable to refuse to terminate the tenancy. The tenant says she was not aware of the premises being used unlawfully. Her sons and her ex-partner are no longer at the house.
The Tribunal is giving the tenant the benefit of the doubt, that her explanations are valid and that she will ensure that there is no repetition of drug offending or any other form of offending at the address. She is aware that if any further offending occurs at the premises, the Tribunal is likely to be receptive to a further application for termination.
It follows, the landlord’s application for termination is dismissed. 1 See s 56(1) Residential Tenancies Act 1986. Rent arrears
The landlord has applied for rent arrears and provided rent records which indicated the tenant owes $3,247.73 for overdue rent.
However, the tenant produced bank records showing she had paid $66,700.00 of rent during the tenancy, whereas the landlord’s rent summary indicated the tenant had only paid $64,930.84 for rent. The landlord’s rent summary also had some incorrect amounts paid in. The landlord corrected the errors, but the fact that errors occurred in the landlord’s record keeping calls into question whether their accuracy should be preferred to the tenants’ records.
Consequently, I am unsure of what the correct arrears are today. I am going to leave it to the parties to clarify the correct arrears. It is in the tenants’ interests to ensure their rent is up to date or the tenancy is liable to be terminated under ss 55 and 56 of the RTA.
The landlord can apply to the Tribunal for rent arrears again, if the issue cannot be resolved. Non-publication
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that the name or any identifying particulars of any party not be published. 2
Publishing the tenants’ details in this case is liable to lead to unfair opprobrium that might interfere with the tenants’ private life. The tenant who appeared has not been convicted of any offences in respect to recent events at the premises. She is entitled to be presumed innocent.
Having regard to the tenants’ interests, the landlord’s interests, and the public interest, I consider that the tenant’s details should not be published.
The Tribunal orders non-publication of the tenants’ details.

Order

The tenants’ names and identifying details including the tenancy address must not be published.
The landlord’s application for termination is dismissed.
The landlord’s application for rent arrears is dismissed without prejudice.

Reasons

Hunter Moros attended the hearing for the landlord.
The first-named tenant attended for the tenants.
The landlord has applied for termination of the tenancy for breach of the tenants’ obligation not to use the premises for unlawful purposes and rent arrears.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where due to the nature or extent of the breach, it would be inequitable to refuse to terminate. 1
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone. However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
Section 40(2)(b) of the Residential Tenancies Act 1986 (RTA) provides: (2) The tenant shall not – (b) use the premises, or permit the premises to be used, for any unlawful purpose...
The landlord relied on a Police schedule that includes alleged offending at the address including: a. On 24 June 2025, drugs were located in the house and the tenants’ two sons and another person were charges with possession of cannabis for supply. b. On 22 January 2025, the tenant and her partner were charged in relation to firearms at the house.
The tenant explained that she was unaware that her sons had cannabis at the house. However, neither of them live at the premises anymore. She says her partner did unlawfully possess firearms, but the firearms were not at the address. She was originally charged also, but Police has withdrawn the charges against her.
It would not be inequitable to refuse to terminate the tenancy. The tenant says she was not aware of the premises being used unlawfully. Her sons and her ex-partner are no longer at the house.
The Tribunal is giving the tenant the benefit of the doubt, that her explanations are valid and that she will ensure that there is no repetition of drug offending or any other form of offending at the address. She is aware that if any further offending occurs at the premises, the Tribunal is likely to be receptive to a further application for termination.
It follows, the landlord’s application for termination is dismissed. 1 See s 56(1) Residential Tenancies Act 1986. Rent arrears
The landlord has applied for rent arrears and provided rent records which indicated the tenant owes $3,247.73 for overdue rent.
However, the tenant produced bank records showing she had paid $66,700.00 of rent during the tenancy, whereas the landlord’s rent summary indicated the tenant had only paid $64,930.84 for rent. The landlord’s rent summary also had some incorrect amounts paid in. The landlord corrected the errors, but the fact that errors occurred in the landlord’s record keeping calls into question whether their accuracy should be preferred to the tenants’ records.
Consequently, I am unsure of what the correct arrears are today. I am going to leave it to the parties to clarify the correct arrears. It is in the tenants’ interests to ensure their rent is up to date or the tenancy is liable to be terminated under ss 55 and 56 of the RTA.
The landlord can apply to the Tribunal for rent arrears again, if the issue cannot be resolved. Non-publication
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that the name or any identifying particulars of any party not be published. 2
Publishing the tenants’ details in this case is liable to lead to unfair opprobrium that might interfere with the tenants’ private life. The tenant who appeared has not been convicted of any offences in respect to recent events at the premises. She is entitled to be presumed innocent.
Having regard to the tenants’ interests, the landlord’s interests, and the public interest, I consider that the tenant’s details should not be published.
The Tribunal orders non-publication of the tenants’ details.

Tenancy Tribunal case 5365761 — Rent arrears at [Street address] West Harbour, Auckland 0618

At a glance

Tenancy Tribunal case 5365761 — Rent arrears at [Street address] West Harbour, Auckland 0618

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions