What was Tenancy Tribunal case 5380550 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5380550?

Erminated, And Possession Is Granted…: $28.00 awarded to landlord

What type of tenancy dispute was case 5380550?

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

Where can I read the official tribunal order for case 5380550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12910419-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5380550 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5380550?

Erminated, And Possession Is Granted…: $28.00 awarded to landlord

What type of tenancy dispute was case 5380550?

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

Where can I read the official tribunal order for case 5380550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12910419-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5380550 — Rent arrears

Claims and awards in Tenancy Tribunal application 5380550. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
erminated, and possession is granted to [The landlord/s], at 11.59pm on Monday 5 January 2026. 3. Sam Katoa and Sharday	$28.00		erminated, and possession is granted to [The landlord/s], at 11.59pm on Monday 5 January 2026. 3. Sam Katoa and Sharday

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Sam Katoa and Sharday Wessels at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at
59pm on Monday 5 January 2026.
Sam Katoa and Sharday must pay $28.00 from the bond being reimbursement of the filing fee.
The Bond Centre is to pay the bond of $28.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the claim is dismissed.

Reasons

Both parties attended the hearing which took place by teleconference. Ms Wessels appeared for both tenants.
For ease of reference I will refer to the tenants in the singular.
The landlord has applied for a. termination of the tenancy, b. rent arrears, c. water rates, d. payment of the bond, and e. reimbursement of the filing fee.
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. Termination
Section 55 of the RTA relates to termination of a tenancy for rent arrears. It says: 55Termination on non-payment of rent, damage, or assault (1)Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— (a)the rent was, at the date on which the application was filed under section 86, at least 21 days in arrear; ... ... (2) The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies (emphasis added)...
The tenant raised that the landlord had agreed to reduce the rent to $850 however she was unclear about when the rent would increase to $895. The mediated agreement says the parties agreed to the rent reduction for the month of August 2025 however the landlord says they agreed to this continuing to assist the tenant. The tenant does not appear to have queried this when at the last Tribunal hearing she would have received the current rent summary, I therefore consider the tenant has accepted that at the time the application was filed, one week after the last Tribunal hearing, the rent was at the reduced rate of $850 and this is the amount at which the Tribunal must determine whether rent was 21 days in arrears when the application was filed.
Rent was at least 21 days in arrears on the date the application was filed. Section 55(2) of the RTA provides the Tribunal may refuse to make a termination order if it is satisfied that the breach has been remedied, the landlord has been compensated for any loss arising from the breach and it is unlikely the tenant will commit any further breach of this kind
As at the date of the hearing the rent arrears had been repaid and there was some rent in advance held by the landlord.
The landlord said the Tribunal should find it is likely the tenant will breach their obligation to pay rent as and when it is due and payable as the rent summary shows a history of missing rent payments and two previous applications to the Tribunal.
The tenant obtained a loan to repay the current rent arrears. The tenant said they have had a difficult year with work contracts, but they have invoiced some work and said they will be able to pay the weekly rent moving forward. However, the tenant’s evidence on this point was vague and I am concerned that the tenant does not have a reliable or consistent source of funds to pay the rent each week. The rent had already been reduced by the landlord to assist the tenant. The tenant has been served with a 14-day notice on 29 October 2025 which was not remedied, and the tenant did not comply with the mediated order of 15 August 2025.
I have considered whether to allow the tenancy to continue under section 55(2) of the RTA. I have considered the rent payments by the tenant and the frequency of arrears. I cannot be satisfied that it is unlikely that the tenant will commit any further breach of a kind to which s55 applies.
Accordingly, the tenancy is terminated. Given the time of year the termination date is delayed until 5 January 2026. Rent arrears and water rates
As there are no rent arrears, the application for rent arrears is dismissed.
The landlord had applied for water rates, however this was withdrawn at the hearing pending further investigation into a potential leak at the premises. Filing fee
As the landlord has succeeded with the claim I have reimbursed the filing fee. Bond
Part of the bond will be paid to the landlord to offset the amount ordered and the balance is to remain at the bond centre. Suppression
Section 95A of the RTA relates to suppression orders. The relevant provisions state: (1)The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.... ...(4) 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 all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (5) An order under subsection (4) may be made subject to any conditions that the Tribunal considers appropriate.
The landlord applied for name suppression. As the application is successful, I have made an order suppressing the landlord’s name and identifying details.
The tenant applied for name suppression. The tenant has not been wholly or substantially successful in the proceedings and the public interest in publication outweighs the tenant’s interest in suppression. I therefore decline to grant name suppression to the tenant.

Claims and awards in Tenancy Tribunal application 5380550. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
erminated, and possession is granted to [The landlord/s], at 11.59pm on Monday 5 January 2026. 3. Sam Katoa and Sharday	$28.00		erminated, and possession is granted to [The landlord/s], at 11.59pm on Monday 5 January 2026. 3. Sam Katoa and Sharday

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Sam Katoa and Sharday Wessels at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at
59pm on Monday 5 January 2026.
Sam Katoa and Sharday must pay $28.00 from the bond being reimbursement of the filing fee.
The Bond Centre is to pay the bond of $28.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the claim is dismissed.

Reasons

Both parties attended the hearing which took place by teleconference. Ms Wessels appeared for both tenants.
For ease of reference I will refer to the tenants in the singular.
The landlord has applied for a. termination of the tenancy, b. rent arrears, c. water rates, d. payment of the bond, and e. reimbursement of the filing fee.
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. Termination
Section 55 of the RTA relates to termination of a tenancy for rent arrears. It says: 55Termination on non-payment of rent, damage, or assault (1)Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— (a)the rent was, at the date on which the application was filed under section 86, at least 21 days in arrear; ... ... (2) The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies (emphasis added)...
The tenant raised that the landlord had agreed to reduce the rent to $850 however she was unclear about when the rent would increase to $895. The mediated agreement says the parties agreed to the rent reduction for the month of August 2025 however the landlord says they agreed to this continuing to assist the tenant. The tenant does not appear to have queried this when at the last Tribunal hearing she would have received the current rent summary, I therefore consider the tenant has accepted that at the time the application was filed, one week after the last Tribunal hearing, the rent was at the reduced rate of $850 and this is the amount at which the Tribunal must determine whether rent was 21 days in arrears when the application was filed.
Rent was at least 21 days in arrears on the date the application was filed. Section 55(2) of the RTA provides the Tribunal may refuse to make a termination order if it is satisfied that the breach has been remedied, the landlord has been compensated for any loss arising from the breach and it is unlikely the tenant will commit any further breach of this kind
As at the date of the hearing the rent arrears had been repaid and there was some rent in advance held by the landlord.
The landlord said the Tribunal should find it is likely the tenant will breach their obligation to pay rent as and when it is due and payable as the rent summary shows a history of missing rent payments and two previous applications to the Tribunal.
The tenant obtained a loan to repay the current rent arrears. The tenant said they have had a difficult year with work contracts, but they have invoiced some work and said they will be able to pay the weekly rent moving forward. However, the tenant’s evidence on this point was vague and I am concerned that the tenant does not have a reliable or consistent source of funds to pay the rent each week. The rent had already been reduced by the landlord to assist the tenant. The tenant has been served with a 14-day notice on 29 October 2025 which was not remedied, and the tenant did not comply with the mediated order of 15 August 2025.
I have considered whether to allow the tenancy to continue under section 55(2) of the RTA. I have considered the rent payments by the tenant and the frequency of arrears. I cannot be satisfied that it is unlikely that the tenant will commit any further breach of a kind to which s55 applies.
Accordingly, the tenancy is terminated. Given the time of year the termination date is delayed until 5 January 2026. Rent arrears and water rates
As there are no rent arrears, the application for rent arrears is dismissed.
The landlord had applied for water rates, however this was withdrawn at the hearing pending further investigation into a potential leak at the premises. Filing fee
As the landlord has succeeded with the claim I have reimbursed the filing fee. Bond
Part of the bond will be paid to the landlord to offset the amount ordered and the balance is to remain at the bond centre. Suppression
Section 95A of the RTA relates to suppression orders. The relevant provisions state: (1)The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.... ...(4) 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 all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (5) An order under subsection (4) may be made subject to any conditions that the Tribunal considers appropriate.
The landlord applied for name suppression. As the application is successful, I have made an order suppressing the landlord’s name and identifying details.
The tenant applied for name suppression. The tenant has not been wholly or substantially successful in the proceedings and the public interest in publication outweighs the tenant’s interest in suppression. I therefore decline to grant name suppression to the tenant.

Tenancy Tribunal case 5380550 — Rent arrears

At a glance

Tenancy Tribunal case 5380550 — Rent arrears

At a glance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions