What was Tenancy Tribunal case 5392881 about?

The tribunal order states: The tenancy of [The tenant/s] at 105 Killarney Road, Frankton, Hamilton 3204

How much money was awarded in case 5392881?

Previous Monetary Order Of The Tribu…: $2,528.00 awarded to tenant; Rent Arrears: $22,604.00 awarded to landlord

What type of tenancy dispute was case 5392881?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5392881?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12978335-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5392881 about?

The tribunal order states: The tenancy of [The tenant/s] at 105 Killarney Road, Frankton, Hamilton 3204

How much money was awarded in case 5392881?

Previous Monetary Order Of The Tribu…: $2,528.00 awarded to tenant; Rent Arrears: $22,604.00 awarded to landlord

What type of tenancy dispute was case 5392881?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5392881?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12978335-Tenancy_Tribunal_Order.pdf.

105 Killarney Road, Frankton, Hamilton 3204 Tenancy Tribunal Case 5392881 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5392881 — net $20,076.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 13 November 2025	$22,604.00		15. Taking into account the landlord’s failure to enforce the historic rent arrears, I consider the landlord’s current application to the Tribunal for an order…
Previous monetary order of the Tribunal dated 14 November 2025 under application 5323379		$2,528.00	Previous monetary order of the Tribunal dated 14 November 2025 under application 5323379
Total award	$22,604.00	$2,528.00
Net award	$20,076.00
Total payable by Tenant to Landlord	$20,076.00

Both parties attended the hearing.

The landlord has applied for termination of the tenancy, and rent arrears.

The tenant says that the landlord has verbally agreed to waive historic back rent in consideration of him paying current rent without fail.

However there is no cogent evidence in support of the tenant’s contention. The landlord denies ever agreeing to completely waive the historic back rent. The landlord’s email of 17 June 2025 “officially giving [the tenant] two months' notice to vacate the premises” states that “any rent arrears can be sorted out at a later date. 2023 was 27 weeks, 2024 was 10 weeks. Year 2025 is all up to date. Once your financial situation comes right, we both can address the arrears”.

The landlord’s written communication clearly states that the landlord intends to pursue historic rent arrears once the tenant’s “financial situation comes right”. There is nothing before me which indicates that the landlord has waived all the rent arrears.

Section 134 Residential Tenancies Act 1986 (‘RTA’) provides: Waiver by landlord of breach by tenant A waiver by the landlord of any breach by the tenant, or a failure by the landlord to enforce any obligation by the tenant, shall not,— (a) where the breach is of a continuing nature, prevent the landlord from enforcing the obligation in future; or (b) where the breach is not of a continuing nature, prevent the landlord from exercising any remedy in the event of a subsequent breach by the tenant;— but any such waiver or failure to enforce may be taken into consideration by the Tribunal if the landlord subsequently applies to the Tribunal for an order terminating the tenancy.

I consider the failure by the tenant to pay rent as a breach of a continuing nature. Following section 134 RTA, the failure by the landlord to enforce payment of rent arrears in the past does not prevent the landlord from enforcing the obligation to pay rent or historic rent arrears presently.

The parties accept that the monetary order issued by the Tribunal under application number 5323379 dated 14 November 2025 in favour of the tenant has still not been paid by the landlord.

The monetary order in favour of the tenant in the sum of $2,528.00 is now set off against the rent arrears proved as at 13 November 2025.

Taking into account the setoff, the landlord has proved the rent arrears owing as at 13 November 2025 of $20,076.00 as set out in the table above.

After the setoff, the amount owing in rent arrears by the tenant is significantly above 21 days.

Pursuant to section 55(1)(a) RTA, where rent is at least 21 days in arrears on the date the application was filed, the tenancy must be terminated at the behest of the landlord.

The landlord provided rent records which prove the amount owing to 13 November 2025 (minus the setoff).

A landlord is not required to first issue a 14-day breach notice to the tenant (under section 56 RTA) for the tenant to pay outstanding rent before commencing Tribunal proceedings to seek rent arrears and an order terminating the tenancy under section 55 RTA.

Taking into account the landlord’s failure to enforce the historic rent arrears, I consider the landlord’s current application to the Tribunal for an order terminating the tenancy should be met with an order that possession be returned to the tenant 3 weeks from now. The landlord agrees that an order terminating the tenancy on 6 February 2026 is fair and appropriate under the circumstances. I have applied my mind to section 134 RTA accordingly.

Claims and awards in Tenancy Tribunal application 5392881 — net $20,076.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 13 November 2025	$22,604.00		15. Taking into account the landlord’s failure to enforce the historic rent arrears, I consider the landlord’s current application to the Tribunal for an order…
Previous monetary order of the Tribunal dated 14 November 2025 under application 5323379		$2,528.00	Previous monetary order of the Tribunal dated 14 November 2025 under application 5323379
Total award	$22,604.00	$2,528.00
Net award	$20,076.00
Total payable by Tenant to Landlord	$20,076.00

Order

The tenancy of [The tenant/s] at 105 Killarney Road, Frankton, Hamilton 3204 is terminated, and possession is granted to [The landlord/s], at 5pm on 6 February 2026.
[The tenant/s] must pay [The landlord/s] $20,076.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, and rent arrears.
The tenant says that the landlord has verbally agreed to waive historic back rent in consideration of him paying current rent without fail.
However there is no cogent evidence in support of the tenant’s contention. The landlord denies ever agreeing to completely waive the historic back rent. The landlord’s email of 17 June 2025 “officially giving [the tenant] two months' notice to vacate the premises” states that “any rent arrears can be sorted out at a later date. 2023 was 27 weeks, 2024 was 10 weeks. Year 2025 is all up to date. Once your financial situation comes right, we both can address the arrears”.
The landlord’s written communication clearly states that the landlord intends to pursue historic rent arrears once the tenant’s “financial situation comes right”. There is nothing before me which indicates that the landlord has waived all the rent arrears.
Section 134 Residential Tenancies Act 1986 (‘RTA’) provides: Waiver by landlord of breach by tenant A waiver by the landlord of any breach by the tenant, or a failure by the landlord to enforce any obligation by the tenant, shall not,— (a) where the breach is of a continuing nature, prevent the landlord from enforcing the obligation in future; or (b) where the breach is not of a continuing nature, prevent the landlord from exercising any remedy in the event of a subsequent breach by the tenant;— but any such waiver or failure to enforce may be taken into consideration by the Tribunal if the landlord subsequently applies to the Tribunal for an order terminating the tenancy.
I consider the failure by the tenant to pay rent as a breach of a continuing nature. Following section 134 RTA, the failure by the landlord to enforce payment of rent arrears in the past does not prevent the landlord from enforcing the obligation to pay rent or historic rent arrears presently.
The parties accept that the monetary order issued by the Tribunal under application number 5323379 dated 14 November 2025 in favour of the tenant has still not been paid by the landlord.
The monetary order in favour of the tenant in the sum of $2,528.00 is now set off against the rent arrears proved as at 13 November 2025.
Taking into account the setoff, the landlord has proved the rent arrears owing as at 13 November 2025 of $20,076.00 as set out in the table above.
After the setoff, the amount owing in rent arrears by the tenant is significantly above 21 days.
Pursuant to section 55(1)(a) RTA, where rent is at least 21 days in arrears on the date the application was filed, the tenancy must be terminated at the behest of the landlord.
The landlord provided rent records which prove the amount owing to 13 November 2025 (minus the setoff).
A landlord is not required to first issue a 14-day breach notice to the tenant (under section 56 RTA) for the tenant to pay outstanding rent before commencing Tribunal proceedings to seek rent arrears and an order terminating the tenancy under section 55 RTA.
Taking into account the landlord’s failure to enforce the historic rent arrears, I consider the landlord’s current application to the Tribunal for an order terminating the tenancy should be met with an order that possession be returned to the tenant 3 weeks from now. The landlord agrees that an order terminating the tenancy on 6 February 2026 is fair and appropriate under the circumstances. I have applied my mind to section 134 RTA accordingly.

Tenancy Tribunal case 5392881 — Rent arrears at 105 Killarney Road, Frankton, Hamilton 3204

At a glance

Tenancy Tribunal case 5392881 — Rent arrears at 105 Killarney Road, Frankton, Hamilton 3204

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions