How much money was awarded in case 5438909?

Filing Fee: $28.00 awarded to landlord; Water Rates: $3,318.00 awarded to landlord

What type of tenancy dispute was case 5438909?

The dispute type was not classified.

Where can I read the official tribunal order for case 5438909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13480400-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5438909?

Filing Fee: $28.00 awarded to landlord; Water Rates: $3,318.00 awarded to landlord

What type of tenancy dispute was case 5438909?

The dispute type was not classified.

Where can I read the official tribunal order for case 5438909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13480400-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5438909 — Tenancy dispute

Q: What was Tenancy Tribunal case 5438909 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5438909 — net $3,346.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to reading 2 April 2026	$3,318.00	Water rates to reading 2 April 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,346.00
Total payable by Tenant to Landlord	$3,346.00

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties/ names and identifying details.

[The tenant/s] owe [The landlord/s] $3,346.00 (“the debt”) as follows.

The tenants must pay the debt in order 2 at the rate of $60.00 per week.

The first payment must be made on Friday 24 April 2026 and payments must continue every Friday until the debt is paid in full. a. If the tenants fail to make any payment within 2 working days of the due date, 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 tenants fail to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing which was held by teleconference.

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.

Should a conditional termination order be made?

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 tenants breached their obligations by failing to pay for water used at the premises.

That includes failure to comply with the terms of a Mediator’s order made on 1 August 2025 in respect of water rates owed at that date.

It would be inequitable to refuse to terminate the tenancy.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants will pay the debt within the period specified in the order and are 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.

I note that the landlord claims that rent arrears are owed. The tenants dispute that and say the rent has been paid.

The rent summary provided before the hearing shows arrears of $2,118.57 owed to 20 April 2024. That summary did not account for payments of $1,540.00 on 15 April and $1,308.57 on 20 April which the landlord says the tenants made.

An updated ledger was provided after the hearing, which shows $1,540.00 in rent owed to 22 April 2026. However that ledger only credits the tenant with a payment of $810.00 on 18 April 2026, not the amounts I was informed had been paid at the hearing.

Because I am left in doubt about the true position, I do not find it proved that rent arrears are owed as at the date of today’s hearing.

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

Claims and awards in Tenancy Tribunal application 5438909 — net $3,346.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to reading 2 April 2026	$3,318.00	Water rates to reading 2 April 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,346.00
Total payable by Tenant to Landlord	$3,346.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties/ names and identifying details.
[The tenant/s] owe [The landlord/s] $3,346.00 (“the debt”) as follows.

The tenants must pay the debt in order 2 at the rate of $60.00 per week.
The first payment must be made on Friday 24 April 2026 and payments must continue every Friday until the debt is paid in full. a. If the tenants fail to make any payment within 2 working days of the due date, 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 tenants fail to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing which was held by teleconference.
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.

Should a conditional termination order be made?

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 tenants breached their obligations by failing to pay for water used at the premises.
That includes failure to comply with the terms of a Mediator’s order made on 1 August 2025 in respect of water rates owed at that date.
It would be inequitable to refuse to terminate the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants will pay the debt within the period specified in the order and are 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.
I note that the landlord claims that rent arrears are owed. The tenants dispute that and say the rent has been paid.
The rent summary provided before the hearing shows arrears of $2,118.57 owed to 20 April 2024. That summary did not account for payments of $1,540.00 on 15 April and $1,308.57 on 20 April which the landlord says the tenants made.
An updated ledger was provided after the hearing, which shows $1,540.00 in rent owed to 22 April 2026. However that ledger only credits the tenant with a payment of $810.00 on 18 April 2026, not the amounts I was informed had been paid at the hearing.
Because I am left in doubt about the true position, I do not find it proved that rent arrears are owed as at the date of today’s hearing.
Because [The applicant/s] has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5438909 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5438909 — Tenancy dispute

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