What was Tenancy Tribunal case 5416790 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 5416790?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $685.71 awarded to landlord

What type of tenancy dispute was case 5416790?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5416790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13140822-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5416790 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 5416790?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $685.71 awarded to landlord

What type of tenancy dispute was case 5416790?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5416790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13140822-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5416790 — Rent arrears

Claims and awards in Tenancy Tribunal application 5416790 — net $713.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/2/2025	$685.71	Rent arrears to 16/2/2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$713.71
Total payable by Tenant to Landlord	$713.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the both the tenant and the landlord’s names and identifying details.
[The tenant/s] owes [The landlord/s] $713.71 (“the debt”).
[The tenant/s] must the following as follows: a. The sum of $480.00 by 11.59pm tonight. b. The sum of $205.71 by 11.59pm on Thursday 19 February 2026 c. A final payment of 28.00 (the filing fee) by 11.59pm on Thursday 19 February.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to make payments in orders 3 (a) or 3 (b) within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
The tenant also agrees to make a further payment of $480.00 on Tuesday the 23 February 2026 to ensure that her rent is one week in advance.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
The landlord sought termination on the basis that the tenancy was 21 days in arrears at the date of application. The tenant made a rent payment on the 18 December (the day of the application) and therefore the rent owed was only 14 days in arrears on the day of application, not 21 days. I cannot make an order under s55 (1)(a) RTA.
The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
The tenant was and remains in breach of a 14 days rent notice given on the 13 December 2025.
The landlord sought immediate termination.
The District Court in Vincent Dean Huff v City Central Property Management [2020] NZDC 19299 (13 September 2020) set out a range of factors that would be relevant to the question of equitability, being:
The history of the tenancy.
Whether there had been a persistent failure after repeated warnings.
Whether the history of breaches was such it was unlikely the tenant would comply with their obligations in the future.
Whether the breach was inadvertent or deliberately committed.
The conduct of the landlord.
The gravity of the breach.
Whether termination is a proportionate response to the breach.

Should a conditional termination order be made?

I am satisfied that the it would be equitable to terminate this tenancy because of the duration of the rent arrears, the tenant has been in arrears since September and has not been able to fully repay the debt yet. The property manager tells me that the landlord has a mortgage and when rent is not paid it causes financial distress to the landlord
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression.
The landlord has requested name suppression in the application, as the successful party the landlord is entitled to name suppression.
The tenant requested name suppression on the basis that she is in a family court dispute with her child’s father and that publication of her name could have a detrimental effect on her in respect of those proceedings. I consider that that this is a case where name suppression should be granted to the tenant. The amount of the arrears are not high and it is likely the tenant will not be in breach by the end of the week. I consider this a situation where the tenant’s interests and in particular the plausible detrimental effects on her if this information was made public justify a suppression order.

Claims and awards in Tenancy Tribunal application 5416790 — net $713.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/2/2025	$685.71	Rent arrears to 16/2/2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$713.71
Total payable by Tenant to Landlord	$713.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the both the tenant and the landlord’s names and identifying details.
[The tenant/s] owes [The landlord/s] $713.71 (“the debt”).
[The tenant/s] must the following as follows: a. The sum of $480.00 by 11.59pm tonight. b. The sum of $205.71 by 11.59pm on Thursday 19 February 2026 c. A final payment of 28.00 (the filing fee) by 11.59pm on Thursday 19 February.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to make payments in orders 3 (a) or 3 (b) within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
The tenant also agrees to make a further payment of $480.00 on Tuesday the 23 February 2026 to ensure that her rent is one week in advance.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
The landlord sought termination on the basis that the tenancy was 21 days in arrears at the date of application. The tenant made a rent payment on the 18 December (the day of the application) and therefore the rent owed was only 14 days in arrears on the day of application, not 21 days. I cannot make an order under s55 (1)(a) RTA.
The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
The tenant was and remains in breach of a 14 days rent notice given on the 13 December 2025.
The landlord sought immediate termination.
The District Court in Vincent Dean Huff v City Central Property Management [2020] NZDC 19299 (13 September 2020) set out a range of factors that would be relevant to the question of equitability, being:
The history of the tenancy.
Whether there had been a persistent failure after repeated warnings.
Whether the history of breaches was such it was unlikely the tenant would comply with their obligations in the future.
Whether the breach was inadvertent or deliberately committed.
The conduct of the landlord.
The gravity of the breach.
Whether termination is a proportionate response to the breach.

Should a conditional termination order be made?

I am satisfied that the it would be equitable to terminate this tenancy because of the duration of the rent arrears, the tenant has been in arrears since September and has not been able to fully repay the debt yet. The property manager tells me that the landlord has a mortgage and when rent is not paid it causes financial distress to the landlord
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression.
The landlord has requested name suppression in the application, as the successful party the landlord is entitled to name suppression.
The tenant requested name suppression on the basis that she is in a family court dispute with her child’s father and that publication of her name could have a detrimental effect on her in respect of those proceedings. I consider that that this is a case where name suppression should be granted to the tenant. The amount of the arrears are not high and it is likely the tenant will not be in breach by the end of the week. I consider this a situation where the tenant’s interests and in particular the plausible detrimental effects on her if this information was made public justify a suppression order.

Tenancy Tribunal case 5416790 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5416790 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions