What was Tenancy Tribunal case 5381441 about?

The tribunal order states: [The tenant/s] and [The tenant/s] owes Tbt Property Management Limited

How much money was awarded in case 5381441?

Filing Fee: $28.00 awarded to landlord; Gas: $294.00 awarded to landlord; Rent Arrears: $1,928.57 awarded to landlord; Water Rates: $332.61 awarded to landlord

What type of tenancy dispute was case 5381441?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5381441?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13033963-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5381441 about?

The tribunal order states: [The tenant/s] and [The tenant/s] owes Tbt Property Management Limited

How much money was awarded in case 5381441?

Filing Fee: $28.00 awarded to landlord; Gas: $294.00 awarded to landlord; Rent Arrears: $1,928.57 awarded to landlord; Water Rates: $332.61 awarded to landlord

What type of tenancy dispute was case 5381441?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5381441?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13033963-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 9 Berwyn Avenue, Takanini, Takanini 2112 Tenancy Tribunal Case 5381441 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5381441 — net $2,583.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 02/02/26	$1,928.57	Rent arrears to 02/02/26
Gas	$294.00	Gas
Water rates to 06/01/2026	$332.61	Water rates to 06/01/2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,583.18
Total payable by Tenant to Landlord	$2,583.18

[The tenant/s] and [The tenant/s] owes Tbt Property Management Limited $2,583.18 (“the debt”) as calculated in the table below.

[The tenant/s] and [The tenant/s] must pay Tbt Property Management Limited: a. $750.00 on Tuesday 3 February 2026 and on Tuesday 10 February 2026 towards current rent. b. $3333.18 on Tuesday 17 February 2026 being $750.00 towards current rent and $2583.18 as full payment of the debt in clause 1).

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

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat Flat 2, 9 Berwyn Avenue, Takanini, Takanini 2112 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 gas, water or filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The applicant attended the hearing. The respondent did not attend.

The landlord has applied for termination of the tenancy, rent arrears, outgoings and the application filing fee.

The applicant tells me if the amounts are paid they are happy to continue with the tenancy but they are seeking the security of a consequential clause if payments are not received.

The applicant has provided rent and outgoings records, I am satisfied these records are correct. The applicants rent records show the amount owing to Thursday 29 January 2026. I have added an additional 4 days rent to reflect the amount owing to Tuesday as the rent summary reflects this as the day that payments are actually made.

I have made a consequential order that requires the tenant to pay rent for the next two weeks and to clear the debt within 3 weeks. If the tenant defaults on rent or rent arrears the tenancy will terminate. If they default on the balance of the debt the balance will be immediately due and payable.

Should a conditional termination order be made?

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. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.

The tenant breached their obligations by failing to pay rent in full and on time. On the 28 th of October 2025, the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy given the persistence of the breach.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, I am inclined to grant the applicants request for a consequential order and give the tenants a chance to salvage their tenancy. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Because Tbt Property Management Limited has wholly succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5381441 — net $2,583.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 02/02/26	$1,928.57	Rent arrears to 02/02/26
Gas	$294.00	Gas
Water rates to 06/01/2026	$332.61	Water rates to 06/01/2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,583.18
Total payable by Tenant to Landlord	$2,583.18

Order

[The tenant/s] and [The tenant/s] owes Tbt Property Management Limited $2,583.18 (“the debt”) as calculated in the table below.
[The tenant/s] and [The tenant/s] must pay Tbt Property Management Limited: a. $750.00 on Tuesday 3 February 2026 and on Tuesday 10 February 2026 towards current rent. b. $3333.18 on Tuesday 17 February 2026 being $750.00 towards current rent and $2583.18 as full payment of the debt in clause 1).
Payments will be allocated in the following order: rent, rent arrears, gas, water and then the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat Flat 2, 9 Berwyn Avenue, Takanini, Takanini 2112 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 gas, water or filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The applicant attended the hearing. The respondent did not attend.
The landlord has applied for termination of the tenancy, rent arrears, outgoings and the application filing fee.
The applicant tells me if the amounts are paid they are happy to continue with the tenancy but they are seeking the security of a consequential clause if payments are not received.
The applicant has provided rent and outgoings records, I am satisfied these records are correct. The applicants rent records show the amount owing to Thursday 29 January 2026. I have added an additional 4 days rent to reflect the amount owing to Tuesday as the rent summary reflects this as the day that payments are actually made.
I have made a consequential order that requires the tenant to pay rent for the next two weeks and to clear the debt within 3 weeks. If the tenant defaults on rent or rent arrears the tenancy will terminate. If they default on the balance of the debt the balance will be immediately due and payable.

Should a conditional termination order be made?

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. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
The tenant breached their obligations by failing to pay rent in full and on time. On the 28 th of October 2025, the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy given the persistence of the breach.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, I am inclined to grant the applicants request for a consequential order and give the tenants a chance to salvage their tenancy. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because Tbt Property Management Limited has wholly succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5381441 — Rent arrears at Unit/Flat Flat 2, 9 Berwyn Avenue, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 5381441 — Rent arrears at Unit/Flat Flat 2, 9 Berwyn Avenue, Takanini, Takanini 2112

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions