What was Tenancy Tribunal case 5390665 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 5390665?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,817.14 awarded to landlord; Water Rates: $412.78 awarded to landlord

What type of tenancy dispute was case 5390665?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5390665?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12957565-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5390665 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 5390665?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,817.14 awarded to landlord; Water Rates: $412.78 awarded to landlord

What type of tenancy dispute was case 5390665?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5390665?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12957565-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5390665 — Rent arrears

Claims and awards in Tenancy Tribunal application 5390665 — net $2,257.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 January 2026	$1,817.14	Rent arrears to 13 January 2026
Water rates	$412.78	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,257.92
Total payable by Tenant to Landlord	$2,257.92

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 parties agree that the tenant owes the landlord $2,257.92, as calculated in the table below:

Joseph Abhya Nand and Marlene Sisi Nand will pay the debt as follows: a. On 12 January 2026, one payment of $795.00; b. On 14 January 2026, one payment of $1,195.00, being current rent of $795 (for the period 13 January to 19 January) plus $400 to reduce the debt; c. On 21 January 2026, one payment of $1,190.00 being current rent of $795 (for the period 20 January to 26 January) plus $395 to reduce the debt; d. On 28 January 2026, one payment of $1,462.92, being current rent of $795 (for the period 28 January to 3 February 2026), plus $667.92 to reduce the debt.
All money paid will go first to current rent, then to rent arrears, then to water rates and then to the filing fee.
If any payment of current rent or rent arrears is not paid within two working days of the dates specified in order 3 above, a. the tenancy will terminate and possession granted to [the landlord] immediately and b. the balance of the debt will become due and payable in full immediately.
If any payment of the water rates or filing fee is not paid within two days of the dates specified in order 3 above, the balance of the debt will become due and payable in full immediately.
Order 5 continues until the debt is paid in full.

Reasons

Both parties attended the hearing, Marlene Nand appearing on behalf of herself and her husband who could not be present.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
The weekly rent is $795.00. When the application was filed on 17 November 2025, the rent was in arrears by less than 21 days. The amount owing at that stage was $1,590, which is 14 days. Yesterday, the rent was in arrears by 28 days, but last night the tenants paid $1,590, bringing the arrears back to 14 days. Therefore I cannot make an order under section 55(1)(a) and (1A).\
The tenancy may nevertheless be terminated under section 56, which provides that the Tribunal may terminate a tenancy if satisfied that: a. the tenant has breached an obligation under the tenancy agreement or the Act; b. the tenant has tenant has been given notice to remedy a breach capable of remedy, but has not done so within the specified time; c. that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.
On 3 November 2025 the landlord had notified the tenant that they were in arrears by $3,180. They were given until 17 November 2025 to clear the debt. On the date the application was filed, they had reduced, but not cleared the arrears. They still owed $1,703.00, up to and including 17 November 2025. That is a ground for termination.
Such a debt places the landlord in a difficult position. They should be able to plan their finances on the expectation of the rent being paid on time.
In considering whether it would inequitable to refuse to terminate, I have considered the fact that the tenants did later clear the debt. By 4 December 2025 there were no arrears owing but that state of affairs lasted only briefly. Over the next 5 weeks, they made only one weekly rent payment.
The parties agree that the tenants owed rent arrears of $3,180.00 up to and including yesterday, Sunday 11 January. Last night they paid $1,590.00, reducing the arrears to $1,590.00.
The parties also agree that the tenants owe $412.78 in water rates.
The tenants would prefer to pay rent on a Wednesday. Therefore the rent arrears up to and including Tuesday 13 January 2026 amount to $1,817.14. That is $1,590 plus $227.14 for a further two days rent.
The tenant has explained that her husband was not working and she was on ACC. She has now gone back to work full-time and her family will help her clear the debt.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
Because the rent due date has changed to a Wednesday, the tenant must pay the extra two days. That has been included in the final payment which also covers water rates and the filing fee.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 5390665 — net $2,257.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 January 2026	$1,817.14	Rent arrears to 13 January 2026
Water rates	$412.78	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,257.92
Total payable by Tenant to Landlord	$2,257.92

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 parties agree that the tenant owes the landlord $2,257.92, as calculated in the table below:

Joseph Abhya Nand and Marlene Sisi Nand will pay the debt as follows: a. On 12 January 2026, one payment of $795.00; b. On 14 January 2026, one payment of $1,195.00, being current rent of $795 (for the period 13 January to 19 January) plus $400 to reduce the debt; c. On 21 January 2026, one payment of $1,190.00 being current rent of $795 (for the period 20 January to 26 January) plus $395 to reduce the debt; d. On 28 January 2026, one payment of $1,462.92, being current rent of $795 (for the period 28 January to 3 February 2026), plus $667.92 to reduce the debt.
All money paid will go first to current rent, then to rent arrears, then to water rates and then to the filing fee.
If any payment of current rent or rent arrears is not paid within two working days of the dates specified in order 3 above, a. the tenancy will terminate and possession granted to [the landlord] immediately and b. the balance of the debt will become due and payable in full immediately.
If any payment of the water rates or filing fee is not paid within two days of the dates specified in order 3 above, the balance of the debt will become due and payable in full immediately.
Order 5 continues until the debt is paid in full.

Reasons

Both parties attended the hearing, Marlene Nand appearing on behalf of herself and her husband who could not be present.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
The weekly rent is $795.00. When the application was filed on 17 November 2025, the rent was in arrears by less than 21 days. The amount owing at that stage was $1,590, which is 14 days. Yesterday, the rent was in arrears by 28 days, but last night the tenants paid $1,590, bringing the arrears back to 14 days. Therefore I cannot make an order under section 55(1)(a) and (1A).\
The tenancy may nevertheless be terminated under section 56, which provides that the Tribunal may terminate a tenancy if satisfied that: a. the tenant has breached an obligation under the tenancy agreement or the Act; b. the tenant has tenant has been given notice to remedy a breach capable of remedy, but has not done so within the specified time; c. that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.
On 3 November 2025 the landlord had notified the tenant that they were in arrears by $3,180. They were given until 17 November 2025 to clear the debt. On the date the application was filed, they had reduced, but not cleared the arrears. They still owed $1,703.00, up to and including 17 November 2025. That is a ground for termination.
Such a debt places the landlord in a difficult position. They should be able to plan their finances on the expectation of the rent being paid on time.
In considering whether it would inequitable to refuse to terminate, I have considered the fact that the tenants did later clear the debt. By 4 December 2025 there were no arrears owing but that state of affairs lasted only briefly. Over the next 5 weeks, they made only one weekly rent payment.
The parties agree that the tenants owed rent arrears of $3,180.00 up to and including yesterday, Sunday 11 January. Last night they paid $1,590.00, reducing the arrears to $1,590.00.
The parties also agree that the tenants owe $412.78 in water rates.
The tenants would prefer to pay rent on a Wednesday. Therefore the rent arrears up to and including Tuesday 13 January 2026 amount to $1,817.14. That is $1,590 plus $227.14 for a further two days rent.
The tenant has explained that her husband was not working and she was on ACC. She has now gone back to work full-time and her family will help her clear the debt.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
Because the rent due date has changed to a Wednesday, the tenant must pay the extra two days. That has been included in the final payment which also covers water rates and the filing fee.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Tenancy Tribunal case 5390665 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5390665 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions