What was the outcome of Tenancy Tribunal case 5409174?

The tribunal order states: The tenancy of Ben Steele at 14 Moore Street, Milton, Milton 9220 is

How much money was awarded in case 5409174?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,320.00 awarded to landlord

What type of tenancy dispute was case 5409174?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5409174?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12973771-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5409174?

The tribunal order states: The tenancy of Ben Steele at 14 Moore Street, Milton, Milton 9220 is

How much money was awarded in case 5409174?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,320.00 awarded to landlord

What type of tenancy dispute was case 5409174?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5409174?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12973771-Tenancy_Tribunal_Order.pdf.

14 Moore Street, Milton, Milton 9220 Tenancy Tribunal Case 5409174 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5409174 — net $3,348.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17.1.26	$3,320.00	Rent arrears to 17.1.26
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,348.00
Total payable by Tenant to Landlord	$3,348.00

Both parties attended the phone hearing.

Prior to the hearing the tenant requested a hearing but confirmed at the hearing that he no longer required an adjournment.

The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee. Termination

The Tribunal shall make an order terminating the tenancy if satisfied that the rent was, at the date the application was filed, at least 21 days in arrears. 1

Rent was at least 21 days in arrears on the date the application was filed.

The tenant opposed termination as he says the landlord was aware he would not be able to pay the rent initially, but he says he now can. The tenant has signed a tenancy agreement saying he will pay rent therefore I consider he was aware of his obligation to do so. The tenancy is terminated.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 2

The landlord provided rent records which prove the amount owing as at the hearing date and which were undisputed by the tenant. I have made an order for rent arrears and rent to the termination date.

The tenant says that he has a claim in respect of breach of quiet enjoyment which would off-set the rent arrears and suggested the claim would be for $3000, which is the maximum amount that may be awarded for exemplary damages for a breach of quiet enjoyment amounting to harassment, being an unlawful act under the RTA. 3 I declined to hear this claim as is it a cross application that had not been filed before the hearing and the amount the tenant suggested he would claim, being $3,000, would not offset the rent arrears as at the hearing date. Bond

The bond is held by the landlord. There was no application for the bond in the application form therefore I do not order that the landlord is to be paid the bond and it must be lodged and a further application filed if it is claimed by the landlord. Filing fee

Because the landlord has succeeded with the claim, I have reimburse the filing fee. 1 See section 55(1)(a) Residential Tenancies Act 1986. 2 See section 40 (1)(a) of the RTA. 3 See section 38 RTA. Suppression

Section 95A of the RTA relates to suppression orders. The relevant provisions state: (1)The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.... ...(4) The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (5) An order under subsection (4) may be made subject to any conditions that the Tribunal considers appropriate.

The landlord did not seek name suppression.

The tenant applied for name suppression. His grounds were that he was unhappy with how the property manager has treated him. I declined to grant suppression for the tenant has he has been unsuccessful with his defence of the claim and his interests do not outweigh the public interest in publication.

Claims and awards in Tenancy Tribunal application 5409174 — net $3,348.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17.1.26	$3,320.00	Rent arrears to 17.1.26
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,348.00
Total payable by Tenant to Landlord	$3,348.00

Order

The tenancy of Ben Steele at 14 Moore Street, Milton, Milton 9220 is terminated, and possession is granted to Cutlers Limited, at 11.59pm on Saturday 17 January 2026.
Ben Steele must pay Cutlers Limited $3,348.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the phone hearing.
Prior to the hearing the tenant requested a hearing but confirmed at the hearing that he no longer required an adjournment.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee. Termination
The Tribunal shall make an order terminating the tenancy if satisfied that the rent was, at the date the application was filed, at least 21 days in arrears. 1
Rent was at least 21 days in arrears on the date the application was filed.
The tenant opposed termination as he says the landlord was aware he would not be able to pay the rent initially, but he says he now can. The tenant has signed a tenancy agreement saying he will pay rent therefore I consider he was aware of his obligation to do so. The tenancy is terminated.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 2
The landlord provided rent records which prove the amount owing as at the hearing date and which were undisputed by the tenant. I have made an order for rent arrears and rent to the termination date.
The tenant says that he has a claim in respect of breach of quiet enjoyment which would off-set the rent arrears and suggested the claim would be for $3000, which is the maximum amount that may be awarded for exemplary damages for a breach of quiet enjoyment amounting to harassment, being an unlawful act under the RTA. 3 I declined to hear this claim as is it a cross application that had not been filed before the hearing and the amount the tenant suggested he would claim, being $3,000, would not offset the rent arrears as at the hearing date. Bond
The bond is held by the landlord. There was no application for the bond in the application form therefore I do not order that the landlord is to be paid the bond and it must be lodged and a further application filed if it is claimed by the landlord. Filing fee
Because the landlord has succeeded with the claim, I have reimburse the filing fee. 1 See section 55(1)(a) Residential Tenancies Act 1986. 2 See section 40 (1)(a) of the RTA. 3 See section 38 RTA. Suppression
Section 95A of the RTA relates to suppression orders. The relevant provisions state: (1)The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.... ...(4) The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (5) An order under subsection (4) may be made subject to any conditions that the Tribunal considers appropriate.
The landlord did not seek name suppression.
The tenant applied for name suppression. His grounds were that he was unhappy with how the property manager has treated him. I declined to grant suppression for the tenant has he has been unsuccessful with his defence of the claim and his interests do not outweigh the public interest in publication.

Tenancy Tribunal case 5409174 — Rent arrears at 14 Moore Street, Milton, Milton 9220

At a glance

Tenancy Tribunal case 5409174 — Rent arrears at 14 Moore Street, Milton, Milton 9220

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions