What was Tenancy Tribunal case 5398689 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 5398689?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $6,444.29 awarded to landlord

What type of tenancy dispute was case 5398689?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5398689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13044089-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5398689 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 5398689?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $6,444.29 awarded to landlord

What type of tenancy dispute was case 5398689?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5398689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13044089-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5398689 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5398689 — net $4,792.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 29 January 2026	$6,444.29	Rent arrears (to 29 January 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,792.29
Total payable by Tenant to Landlord	$4,792.29

The tenancy commenced on 23 November 2021 and is periodic.

On 26 November 2025 the landlord filed an application seeking termination of the tenancy for rent arrears, refund of the bond, and reimbursement of the filing fee.

The hearing proceeded by way of video conference. The tenant appeared. The landlord was joined to the hearing by telephone.

At the hearing the landlord withdrew their application for termination of the tenancy. The tenant has given notice terminating the tenancy effective 6 February 2026. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.

That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.

This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

How much is owed for rent?

The landlord wants the tenant to pay rent and rent arrears to the end of the tenancy totalling $7,015.71. An up-to-date rent summary was provided.

The tenant took no issue with the rent records and apologised to the landlord for the amount owed. The tenant outlined a significant health issue starting in October 2025 which they say prevented them from meeting their rent obligations.

The Tribunal calculated the amount of rent owing to the date of hearing totalled $6,444.29. This calculation was confirmed by the landlord. The Tribunal orders the tenant to pay rent arrears of $6,444.29.

The Tribunal declines to make an order requiring the tenant to pay rent in advance.

The Tribunal declares that the tenant is required to pay rent as and when it falls due in accordance with the tenancy agreement and section 40(1)(a) of the Residential Tenancies Act 1986. Failure to do so could result in a breach notice being issued and further application to the Tribunal. Other matters

The bond is refunded to the landlord.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case. The landlord has been wholly successful and is granted name suppression.

The tenant seeks name suppression. Under section 95A(4) of the Act the Tribunal may, on the application of any party or on its own initiative, having regard to the interests of the parties and public interest, order that all or part of the evidence or the name and identifying particulars of any witness or party is not published.

The Tribunal heard from the tenant that there was a significant change in their health which impacted their ability to pay rent. While the facts and reasons of this case may be in the public interest, given the circumstances of the tenant, I do not think this extends to naming the party. On that basis the name and identifying particulars of the tenant are suppressed.

Reasons

Claims and awards in Tenancy Tribunal application 5398689 — net $4,792.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 29 January 2026	$6,444.29	Rent arrears (to 29 January 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,792.29
Total payable by Tenant to Landlord	$4,792.29

The tenancy commenced on 23 November 2021 and is periodic.

On 26 November 2025 the landlord filed an application seeking termination of the tenancy for rent arrears, refund of the bond, and reimbursement of the filing fee.

The hearing proceeded by way of video conference. The tenant appeared. The landlord was joined to the hearing by telephone.

At the hearing the landlord withdrew their application for termination of the tenancy. The tenant has given notice terminating the tenancy effective 6 February 2026. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.

This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for rent?

The landlord wants the tenant to pay rent and rent arrears to the end of the tenancy totalling $7,015.71. An up-to-date rent summary was provided.

The Tribunal declines to make an order requiring the tenant to pay rent in advance.

The bond is refunded to the landlord.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5398689 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5398689 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions