How much money was awarded in case 5450628?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,435.00 awarded to landlord

What type of tenancy dispute was case 5450628?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5450628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13553431-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5450628?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,435.00 awarded to landlord

What type of tenancy dispute was case 5450628?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5450628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13553431-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5450628 — Rent arrears

Q: What was Tenancy Tribunal case 5450628 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 5450628 — net $2,743.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 May 2026	$5,435.00	Rent arrears to 5 May 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,743.00
Total payable by Tenant to Landlord	$2,743.00

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

The tenancy of Ilaise Lenamae Komene and William James Junior at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on Wednesday 6 May 2026.

Ilaise Lenamae Komene and William James Junior must pay [The landlord/s] $5,463.00 immediately, calculated as shown in the table below: 4.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach and has issued 14-day notice which has not been complied with, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

The landlord issued a 14-day notice for rent arrears on the 19 February. Rent arrears grew by the due date of 5 March. The 14-day notice was not complied with.

Although the tenants made a payment on the 12 March, that payment did not extinguish the rent owed and the tenants were one week in arrears after that payment.

Rent is at least 55 days in arrears at the hearing date. The tenancy is terminated.

The tenant acknowledges that she owes rent but says that she has a set off because she had to spend up to four weeks rent on cleaning up the property after the landlord did not provide it in a reasonable condition.

The tenancy began on the 28 January this year. The tenant took over the tenancy after her daughter’s tenancy at the property was terminated. The tenant paid two weeks rent in advance and then did not pay any further rent until the 12 March when the tenant paid 4 weeks rent, which she said today was advanced to her by MSD. Even after the 4 weeks rent was paid the tenant still owed one week rent. In other words, apart from the first two weeks of her 16-week tenancy the tenant has been constantly in arrears. Since the payment of the 12 March the only rent paid was a payment of $5.00 on the 14 April 2026.

The tenant could not give me no other reason except that she had been busy with personal family matters as to why the rent had not been paid since the 12 March.

The landlord filed this claim in February, the tenant has known about the claim since 25 February when a Notice of Hearing was sent to the tenants along with the documents that the landlord had filed. Since that time other reminders and documents have been sent. The tenant has not filed her own claim alleging that the landlord did not provide her with a property that was reasonably clean and tidy that would allow her to set off any amount awarded against the rent owed.

I do not consider that this is a case where even if the tenant filed a set off claim that I would not terminate I say this for the following reasons: a. The tenant is currently 55 days in arrears. Even if I accepted (and I make no determination on the tenant’s claim as it is not before me) on face value the tenant’s claims that the cost of cleaning and tidying up the place was four weeks rent (or 28 day) this would still mean that the rent would be 27 days in arrears, which is more than the 21 required for termination. b. The tenant has not paid any rent since the 12 March and provided no good reason as why she had not. c. Tenants cannot live in a property rent free. If they have claims which they consider should be offset against any rent, then they must bring those claims to the Tribunal. d. The landlord has given the tenant 14-day notices for rent arrears, the tenant has not complied with those notices and continues to be in breach. I am not satisfied that the tenant would pay rent going forward.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee and grant them name suppression as requested.

Claims and awards in Tenancy Tribunal application 5450628 — net $2,743.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 May 2026	$5,435.00	Rent arrears to 5 May 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,743.00
Total payable by Tenant to Landlord	$2,743.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Ilaise Lenamae Komene and William James Junior at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on Wednesday 6 May 2026.
Ilaise Lenamae Komene and William James Junior must pay [The landlord/s] $5,463.00 immediately, calculated as shown in the table below: 4.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach and has issued 14-day notice which has not been complied with, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
The landlord issued a 14-day notice for rent arrears on the 19 February. Rent arrears grew by the due date of 5 March. The 14-day notice was not complied with.
Although the tenants made a payment on the 12 March, that payment did not extinguish the rent owed and the tenants were one week in arrears after that payment.
Rent is at least 55 days in arrears at the hearing date. The tenancy is terminated.
The tenant acknowledges that she owes rent but says that she has a set off because she had to spend up to four weeks rent on cleaning up the property after the landlord did not provide it in a reasonable condition.
The tenancy began on the 28 January this year. The tenant took over the tenancy after her daughter’s tenancy at the property was terminated. The tenant paid two weeks rent in advance and then did not pay any further rent until the 12 March when the tenant paid 4 weeks rent, which she said today was advanced to her by MSD. Even after the 4 weeks rent was paid the tenant still owed one week rent. In other words, apart from the first two weeks of her 16-week tenancy the tenant has been constantly in arrears. Since the payment of the 12 March the only rent paid was a payment of $5.00 on the 14 April 2026.
The tenant could not give me no other reason except that she had been busy with personal family matters as to why the rent had not been paid since the 12 March.
The landlord filed this claim in February, the tenant has known about the claim since 25 February when a Notice of Hearing was sent to the tenants along with the documents that the landlord had filed. Since that time other reminders and documents have been sent. The tenant has not filed her own claim alleging that the landlord did not provide her with a property that was reasonably clean and tidy that would allow her to set off any amount awarded against the rent owed.
I do not consider that this is a case where even if the tenant filed a set off claim that I would not terminate I say this for the following reasons: a. The tenant is currently 55 days in arrears. Even if I accepted (and I make no determination on the tenant’s claim as it is not before me) on face value the tenant’s claims that the cost of cleaning and tidying up the place was four weeks rent (or 28 day) this would still mean that the rent would be 27 days in arrears, which is more than the 21 required for termination. b. The tenant has not paid any rent since the 12 March and provided no good reason as why she had not. c. Tenants cannot live in a property rent free. If they have claims which they consider should be offset against any rent, then they must bring those claims to the Tribunal. d. The landlord has given the tenant 14-day notices for rent arrears, the tenant has not complied with those notices and continues to be in breach. I am not satisfied that the tenant would pay rent going forward.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee and grant them name suppression as requested.

Tenancy Tribunal case 5450628 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5450628 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions