What was Tenancy Tribunal case 5457989 about?

The tribunal order states: The Tribunal orders suppression of the Tenants’ and Landlord’s names and

How much money was awarded in case 5457989?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $18,440.00 awarded to landlord

What type of tenancy dispute was case 5457989?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5457989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13564681-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5457989 about?

The tribunal order states: The Tribunal orders suppression of the Tenants’ and Landlord’s names and

How much money was awarded in case 5457989?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $18,440.00 awarded to landlord

What type of tenancy dispute was case 5457989?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5457989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13564681-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5457989 — Rent arrears

Claims and awards in Tenancy Tribunal application 5457989 — net $18,468.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 05/05/2026	$18,440.00	Rent arrears to 05/05/2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$18,468.00
Total payable by Tenant to Landlord	$18,468.00

Order

The Tribunal orders suppression of the Tenants’ and Landlord’s names and identifying details.
[The tenant/s] owe [The landlord/s] $18,468.00 (“the debt”), calculated in the table below:

[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $660.00, being $560.00 for rent and $100.00 for the debt. b. The first payment is due on Friday 8 May 2026 and is to continue every Friday thereafter until 15/11/2029.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenants fail to pay rent and rent arrears 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 tenants fail to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing on 6 May 2026. [The tenant/s] attended on behalf of the tenants. The matter was heard by video conference.
The landlord has applied for orders relating to substantial rent arrears. The tenants want to repay the debt to avoid immediate termination.
This tenancy commenced on 4 September 2020. The weekly rent is $560.00.
The landlord produced a rent summary showing a significant and ongoing pattern of escalating arrears throughout the tenancy. At the date of hearing, the arrears totalled $18,440.00. The landlord explained that repeated efforts had been made over a lengthy period to work constructively with the tenants to address the arrears and maintain the tenancy, however there had been little meaningful reduction in the debt. The landlord stated that they sought consistency in payment of the ongoing weekly rent together with regular payments towards the arrears.
[The tenant/s], on behalf of the tenants, acknowledged the arrears and explained they had experienced financial hardship while both tenants were studying. He advised that his wife has now completed her studies and recently commenced employment. The tenants wish to retain the tenancy and repay the outstanding debt. [The tenant/s] advised that the tenants had recently commenced paying $660.00 per week, comprising the weekly rent of $560.00 plus an additional $100.00 towards arrears, and requested that arrangement continue.
The landlord accepted the proposed repayment arrangement. Relevant Law
Under section 40(1)(a) of the Residential Tenancies Act 1986, tenants are required to pay rent when it falls due. Failure to do so constitutes a breach of the tenancy agreement and the Act.
Section 55 of the Act empowers the Tribunal to terminate a tenancy where rent arrears are at least 21 days in arrears when the landlord files the application. However, the Tribunal retains a discretion as to whether termination is appropriate in the circumstances. The Tribunal may also make consequential orders relating to repayment of arrears and future compliance.
The Tribunal must consider the particular circumstances of the parties, including whether there is a realistic prospect of the arrears being repaid, the conduct of the parties, and whether a structured repayment arrangement is appropriate and proportionate. Assessment
I am satisfied on the evidence before the Tribunal that the landlord’s claim for rent arrears is proved. The rent summary clearly establishes arrears in the sum of $18,440.00 as at the hearing date.
The arrears are significant and have accrued over an extended period. The Tribunal accepts the landlord’s evidence that efforts have been made to work cooperatively with the tenants to address the debt and maintain the tenancy relationship. The landlord is entitled to certainty and regularity in rental payments. Ongoing arrears place landlords under considerable financial strain, and it is both costly and time consuming to repeatedly pursue unpaid rent through Tribunal proceedings.
However, I also take into account the tenants’ explanation regarding their financial circumstances. The evidence indicates there has been a recent improvement in the household’s financial position following the completion of studies and commencement of employment by one of the tenants. Importantly, the tenants acknowledged the debt and expressed a genuine intention to repay it. The landlord has agreed to the proposed repayment arrangement.
In those circumstances, I am satisfied it is appropriate to provide the tenants with a final opportunity to remedy the arrears by strict compliance with a structured payment plan.
The tenants are therefore to pay $660.00 per week, comprising the ongoing weekly rent of $560.00 together with an additional $100.00 per week towards the arrears. The next payment is due by Friday 8 May 2026 and payments are to continue weekly thereafter until the arrears are paid in full.
Given the substantial level of arrears and the lengthy history of non-payment, strict compliance is required. If any payment is not made within two working days of the due date, the tenancy will terminate immediately and the full remaining balance of arrears will become immediately payable.
I am satisfied the tenants will pay the debt within the period specified in the order and are unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
The landlord also raised outstanding water charges. While no formal order is sought in relation to those charges within this proceeding, the tenants are strongly encouraged to enter into a payment arrangement with the landlord to address those amounts promptly.
It is also noted that the parties discussed the possibility of the tenants exploring access to KiwiSaver hardship provisions to assist in addressing the arrears. The landlord indicated a willingness to assist the tenants through that process. The Tribunal encourages the tenants to urgently explore all available financial support avenues to avoid further default.
The tenants are cautioned that any further non-compliance may result in further Tribunal proceedings, including applications for immediate termination of the tenancy. The opportunity provided by this order should be treated seriously.
As the landlord has been wholly successful with the claim, I order the tenants to reimburse the filing fee.
This is essentially a consent order and therefore it is reasonable to grant suppression of the landlord and tenants’ names and identifying details.

Claims and awards in Tenancy Tribunal application 5457989 — net $18,468.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 05/05/2026	$18,440.00	Rent arrears to 05/05/2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$18,468.00
Total payable by Tenant to Landlord	$18,468.00

Order

The Tribunal orders suppression of the Tenants’ and Landlord’s names and identifying details.
[The tenant/s] owe [The landlord/s] $18,468.00 (“the debt”), calculated in the table below:

[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $660.00, being $560.00 for rent and $100.00 for the debt. b. The first payment is due on Friday 8 May 2026 and is to continue every Friday thereafter until 15/11/2029.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenants fail to pay rent and rent arrears 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 tenants fail to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing on 6 May 2026. [The tenant/s] attended on behalf of the tenants. The matter was heard by video conference.
The landlord has applied for orders relating to substantial rent arrears. The tenants want to repay the debt to avoid immediate termination.
This tenancy commenced on 4 September 2020. The weekly rent is $560.00.
The landlord produced a rent summary showing a significant and ongoing pattern of escalating arrears throughout the tenancy. At the date of hearing, the arrears totalled $18,440.00. The landlord explained that repeated efforts had been made over a lengthy period to work constructively with the tenants to address the arrears and maintain the tenancy, however there had been little meaningful reduction in the debt. The landlord stated that they sought consistency in payment of the ongoing weekly rent together with regular payments towards the arrears.
[The tenant/s], on behalf of the tenants, acknowledged the arrears and explained they had experienced financial hardship while both tenants were studying. He advised that his wife has now completed her studies and recently commenced employment. The tenants wish to retain the tenancy and repay the outstanding debt. [The tenant/s] advised that the tenants had recently commenced paying $660.00 per week, comprising the weekly rent of $560.00 plus an additional $100.00 towards arrears, and requested that arrangement continue.
The landlord accepted the proposed repayment arrangement. Relevant Law
Under section 40(1)(a) of the Residential Tenancies Act 1986, tenants are required to pay rent when it falls due. Failure to do so constitutes a breach of the tenancy agreement and the Act.
Section 55 of the Act empowers the Tribunal to terminate a tenancy where rent arrears are at least 21 days in arrears when the landlord files the application. However, the Tribunal retains a discretion as to whether termination is appropriate in the circumstances. The Tribunal may also make consequential orders relating to repayment of arrears and future compliance.
The Tribunal must consider the particular circumstances of the parties, including whether there is a realistic prospect of the arrears being repaid, the conduct of the parties, and whether a structured repayment arrangement is appropriate and proportionate. Assessment
I am satisfied on the evidence before the Tribunal that the landlord’s claim for rent arrears is proved. The rent summary clearly establishes arrears in the sum of $18,440.00 as at the hearing date.
The arrears are significant and have accrued over an extended period. The Tribunal accepts the landlord’s evidence that efforts have been made to work cooperatively with the tenants to address the debt and maintain the tenancy relationship. The landlord is entitled to certainty and regularity in rental payments. Ongoing arrears place landlords under considerable financial strain, and it is both costly and time consuming to repeatedly pursue unpaid rent through Tribunal proceedings.
However, I also take into account the tenants’ explanation regarding their financial circumstances. The evidence indicates there has been a recent improvement in the household’s financial position following the completion of studies and commencement of employment by one of the tenants. Importantly, the tenants acknowledged the debt and expressed a genuine intention to repay it. The landlord has agreed to the proposed repayment arrangement.
In those circumstances, I am satisfied it is appropriate to provide the tenants with a final opportunity to remedy the arrears by strict compliance with a structured payment plan.
The tenants are therefore to pay $660.00 per week, comprising the ongoing weekly rent of $560.00 together with an additional $100.00 per week towards the arrears. The next payment is due by Friday 8 May 2026 and payments are to continue weekly thereafter until the arrears are paid in full.
Given the substantial level of arrears and the lengthy history of non-payment, strict compliance is required. If any payment is not made within two working days of the due date, the tenancy will terminate immediately and the full remaining balance of arrears will become immediately payable.
I am satisfied the tenants will pay the debt within the period specified in the order and are unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
The landlord also raised outstanding water charges. While no formal order is sought in relation to those charges within this proceeding, the tenants are strongly encouraged to enter into a payment arrangement with the landlord to address those amounts promptly.
It is also noted that the parties discussed the possibility of the tenants exploring access to KiwiSaver hardship provisions to assist in addressing the arrears. The landlord indicated a willingness to assist the tenants through that process. The Tribunal encourages the tenants to urgently explore all available financial support avenues to avoid further default.
The tenants are cautioned that any further non-compliance may result in further Tribunal proceedings, including applications for immediate termination of the tenancy. The opportunity provided by this order should be treated seriously.
As the landlord has been wholly successful with the claim, I order the tenants to reimburse the filing fee.
This is essentially a consent order and therefore it is reasonable to grant suppression of the landlord and tenants’ names and identifying details.

Tenancy Tribunal case 5457989 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5457989 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions