What was Tenancy Tribunal case 5386741 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 5386741?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $540.00 awarded to landlord

What type of tenancy dispute was case 5386741?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5386741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13047840-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5386741 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 5386741?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $540.00 awarded to landlord

What type of tenancy dispute was case 5386741?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5386741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13047840-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5386741 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5386741 — net $568.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29.1.2026	$540.00	Rent arrears to 29.1.2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$568.00
Total payable by Tenant to Landlord	$568.00

Both parties attended the hearing, which was conducted by videoconference. [The landlord’s representative] represented the landlord.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations 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. See section 56(1) of the Residential Tenancies Act 1986 (the RTA). 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.

Where a landlord applies to terminate for breach, and 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 RTA.

In this case, the landlord issued one 14-day notice concerning rent arrears on 28 October 2025. The landlord states the arrears were not remedied within the required timeframe. The current rent arrears is $540.00, which is just over one weeks rent. This means that, at the date of the hearing, rent was not 21 days in arrears. Therefore, termination of the tenancy under sections 55 and 56(2) would not be appropriate.

The next step is to consider whether the requirements for termination of the tenancy under section 56 of the RTA are met. The question is whether, due to the nature and extent of the breach, it would be inequitable to terminate the tenancy. The ending of a tenancy has significant implications for a tenant and is a measure that is not taken lightly. There are many factors to consider when determining whether a breach is serious enough to terminate, as noted by the District Court decision in Terangi v Housing New Zealand Corporation. 1 These factors include whether the breach is accidental or intentional, whether a breach is made good by the tenant, the landlord’s conduct, the tenant’s financial position, the gravity of the breach, and proportionality.

While the landlord’s concerns are understandable, applying the relevant factors in this case, and noting the evidence provided is limited to one 14-day notice that was not remedied, the Tribunal is unable to conclude that termination of the tenancy is warranted at the present time. Consequently, the landlord’s application for termination of the tenancy is dismissed. The request for a conditional termination order is also declined, since the grounds for termination of the tenancy have not been established.

The tenant has explained her current situation, which I accept has been challenging for her. She understands that she will need to address her arrears with the assistance of Work and Income New Zealand (WINZ) promptly. She also agrees to improve her communication with the landlord. The tenant should be 1 DC Porirua CIV-2010-091-110, 28 June 2010 aware that a repeated failure to pay rent on time may result in a different outcome were the landlord to apply again.

How much does the tenant owe?

The landlord provided rent records which prove the rent arrears sought. This is awarded above. Filing fee and name suppression

In this case the Tribunal considers it appropriate for the landlord to be reimbursed the filing fee.

Having had regard to the interests of the parties, and the public interest, name suppression for both parties is granted.

Claims and awards in Tenancy Tribunal application 5386741 — net $568.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29.1.2026	$540.00	Rent arrears to 29.1.2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$568.00
Total payable by Tenant to Landlord	$568.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant/Landlord name and identifying details.
immediately, calculated as shown in the table below:

All other claims are dismissed.

Reasons

Both parties attended the hearing, which was conducted by videoconference. [The landlord’s representative] represented the landlord.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations 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. See section 56(1) of the Residential Tenancies Act 1986 (the RTA). 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.
Where a landlord applies to terminate for breach, and 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 RTA.
In this case, the landlord issued one 14-day notice concerning rent arrears on 28 October 2025. The landlord states the arrears were not remedied within the required timeframe. The current rent arrears is $540.00, which is just over one weeks rent. This means that, at the date of the hearing, rent was not 21 days in arrears. Therefore, termination of the tenancy under sections 55 and 56(2) would not be appropriate.
The next step is to consider whether the requirements for termination of the tenancy under section 56 of the RTA are met. The question is whether, due to the nature and extent of the breach, it would be inequitable to terminate the tenancy. The ending of a tenancy has significant implications for a tenant and is a measure that is not taken lightly. There are many factors to consider when determining whether a breach is serious enough to terminate, as noted by the District Court decision in Terangi v Housing New Zealand Corporation. 1 These factors include whether the breach is accidental or intentional, whether a breach is made good by the tenant, the landlord’s conduct, the tenant’s financial position, the gravity of the breach, and proportionality.
While the landlord’s concerns are understandable, applying the relevant factors in this case, and noting the evidence provided is limited to one 14-day notice that was not remedied, the Tribunal is unable to conclude that termination of the tenancy is warranted at the present time. Consequently, the landlord’s application for termination of the tenancy is dismissed. The request for a conditional termination order is also declined, since the grounds for termination of the tenancy have not been established.
The tenant has explained her current situation, which I accept has been challenging for her. She understands that she will need to address her arrears with the assistance of Work and Income New Zealand (WINZ) promptly. She also agrees to improve her communication with the landlord. The tenant should be 1 DC Porirua CIV-2010-091-110, 28 June 2010 aware that a repeated failure to pay rent on time may result in a different outcome were the landlord to apply again.

How much does the tenant owe?

The landlord provided rent records which prove the rent arrears sought. This is awarded above. Filing fee and name suppression
In this case the Tribunal considers it appropriate for the landlord to be reimbursed the filing fee.
Having had regard to the interests of the parties, and the public interest, name suppression for both parties is granted.

Tenancy Tribunal case 5386741 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5386741 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions