What was Tenancy Tribunal case 5397688 about?

The tribunal order states: [The tenant/s] and [The tenant/s] owe Eves

How much money was awarded in case 5397688?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,478.57 awarded to landlord

What type of tenancy dispute was case 5397688?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5397688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13022905-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5397688 about?

The tribunal order states: [The tenant/s] and [The tenant/s] owe Eves

How much money was awarded in case 5397688?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,478.57 awarded to landlord

What type of tenancy dispute was case 5397688?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5397688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13022905-Tenancy_Tribunal_Order.pdf.

17 Weld Street, Kawerau, Kawerau 3127 Tenancy Tribunal Case 5397688 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5397688 — net $4,506.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 January 2026	$4,478.57	Rent arrears to 29 January 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,506.57
Total payable by Tenant to Landlord	$4,506.57

[The tenant/s] and [The tenant/s] owe Eves Realty Limited As Agents For Saina Daniel & Tyne Sione $4,506.57 (“the debt”).

[The tenant/s] and [The tenant/s] must pay a lump-sum payment of $4,506.57, being $4,506.57 for the debt on or before 29 January 2026.

If the tenants fail to pay the debt within 2 working days of the due date on 29 January 2026: a. The tenancy at 17 Weld Street, Kawerau, Kawerau 3127 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately. DescriptionLandlord Rent arrears to 29 January 2026$4,478.57 Filing fee reimbursement$28.00 Total award$4,506.57 Total payable by Tenant to Landlord$4,506.57

Reasons

The hearing was conducted by teleconference.

Ms Keogh, the property manager, appeared on behalf of the landlord.

Ms Kohai-Lawson participated in the hearing. Mr Wakefield also joined the hearing for part of the proceedings. Background

The tenancy commenced on 22 September 2025. At the commencement of the tenancy, Ms Kohai-Lawson was the sole named tenant under the tenancy agreement.

On or about 29 October 2025, a variation of the tenancy agreement was executed. Pursuant to that variation, Mr Wakefield was added as a tenant. From that date, Ms Kohai-Lawson and Mr Wakefield have both been tenants under the tenancy agreement.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants want to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

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.

Ms Keogh advised that the rent arrears as at 29 January 2026 total $4,478.57. She submitted that the arrears have been ongoing and that the landlord seeks termination of the tenancy.

Ms Kohai-Lawson accepted that rent arrears are outstanding. She advised that she has an appointment with Work and Income New Zealand (WINZ) scheduled for 29 January 2026, and that the purpose of that appointment is to seek assistance to address the rent arrears. She asked that the tenancy not be terminated before that appointment has taken place.

It was acknowledged during the hearing that Mr Wakefield has vacated the premises. Mr Wakefield stated that he is no longer living at the property. However, it was not disputed that he remains named as a tenant under the tenancy agreement.

Ms Keogh indicated that there have been discussions between the parties about the possible removal of Mr Wakefield from the tenancy agreement.

I am satisfied that both Ms Kohai-Lawson and Mr Wakefield are tenants under the tenancy agreement as varied on or about 29 October 2025.

Although Mr Wakefield has vacated the premises, he remains a legal tenant. As such, he is jointly and severally liable for the obligations under the tenancy agreement, including liability for the rent arrears.

Any agreement to remove a tenant from a tenancy agreement is a matter to be resolved between the parties. The Tribunal does not have jurisdiction in this application to determine or compel the removal of Mr Wakefield from the tenancy agreement.

The rent arrears are substantial. Ordinarily, arrears at this level would justify termination of the tenancy.

However, I accept that Ms Kohai-Lawson has a confirmed appointment with WINZ on 29 January 2026 and that she is seeking assistance to remedy the arrears. In these circumstances, I consider it appropriate to allow a short opportunity for the arrears to be resolved before the tenancy is terminated.

Accordingly, I have granted a conditional termination order.

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. Filing fee

Because Eves Realty Limited As Agents For Saina Daniel & Tyne Sione has wholly succeeded with the claim, I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5397688 — net $4,506.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 January 2026	$4,478.57	Rent arrears to 29 January 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,506.57
Total payable by Tenant to Landlord	$4,506.57

Order

[The tenant/s] and [The tenant/s] owe Eves Realty Limited As Agents For Saina Daniel & Tyne Sione $4,506.57 (“the debt”).
[The tenant/s] and [The tenant/s] must pay a lump-sum payment of $4,506.57, being $4,506.57 for the debt on or before 29 January 2026.
If the tenants fail to pay the debt within 2 working days of the due date on 29 January 2026: a. The tenancy at 17 Weld Street, Kawerau, Kawerau 3127 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately. DescriptionLandlord Rent arrears to 29 January 2026$4,478.57 Filing fee reimbursement$28.00 Total award$4,506.57 Total payable by Tenant to Landlord$4,506.57

Reasons

The hearing was conducted by teleconference.
Ms Keogh, the property manager, appeared on behalf of the landlord.
Ms Kohai-Lawson participated in the hearing. Mr Wakefield also joined the hearing for part of the proceedings. Background
The tenancy commenced on 22 September 2025. At the commencement of the tenancy, Ms Kohai-Lawson was the sole named tenant under the tenancy agreement.
On or about 29 October 2025, a variation of the tenancy agreement was executed. Pursuant to that variation, Mr Wakefield was added as a tenant. From that date, Ms Kohai-Lawson and Mr Wakefield have both been tenants under the tenancy agreement.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants want to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

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.
Ms Keogh advised that the rent arrears as at 29 January 2026 total $4,478.57. She submitted that the arrears have been ongoing and that the landlord seeks termination of the tenancy.
Ms Kohai-Lawson accepted that rent arrears are outstanding. She advised that she has an appointment with Work and Income New Zealand (WINZ) scheduled for 29 January 2026, and that the purpose of that appointment is to seek assistance to address the rent arrears. She asked that the tenancy not be terminated before that appointment has taken place.
It was acknowledged during the hearing that Mr Wakefield has vacated the premises. Mr Wakefield stated that he is no longer living at the property. However, it was not disputed that he remains named as a tenant under the tenancy agreement.
Ms Keogh indicated that there have been discussions between the parties about the possible removal of Mr Wakefield from the tenancy agreement.
I am satisfied that both Ms Kohai-Lawson and Mr Wakefield are tenants under the tenancy agreement as varied on or about 29 October 2025.
Although Mr Wakefield has vacated the premises, he remains a legal tenant. As such, he is jointly and severally liable for the obligations under the tenancy agreement, including liability for the rent arrears.
Any agreement to remove a tenant from a tenancy agreement is a matter to be resolved between the parties. The Tribunal does not have jurisdiction in this application to determine or compel the removal of Mr Wakefield from the tenancy agreement.
The rent arrears are substantial. Ordinarily, arrears at this level would justify termination of the tenancy.
However, I accept that Ms Kohai-Lawson has a confirmed appointment with WINZ on 29 January 2026 and that she is seeking assistance to remedy the arrears. In these circumstances, I consider it appropriate to allow a short opportunity for the arrears to be resolved before the tenancy is terminated.
Accordingly, I have granted a conditional termination order.
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. Filing fee
Because Eves Realty Limited As Agents For Saina Daniel & Tyne Sione has wholly succeeded with the claim, I must reimburse the filing fee.

Tenancy Tribunal case 5397688 — Rent arrears at 17 Weld Street, Kawerau, Kawerau 3127

At a glance

Tenancy Tribunal case 5397688 — Rent arrears at 17 Weld Street, Kawerau, Kawerau 3127

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