What was Tenancy Tribunal case 5466247 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat Flat 5, 42 Queen Street, Mount

How much money was awarded in case 5466247?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,486.48 awarded to landlord

What type of tenancy dispute was case 5466247?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5466247?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13581628-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5466247 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat Flat 5, 42 Queen Street, Mount

How much money was awarded in case 5466247?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,486.48 awarded to landlord

What type of tenancy dispute was case 5466247?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5466247?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13581628-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 5, 42 Queen Street, Mount Victoria, Wellington Tenancy Tribunal Case 5466247 — Rent arrears

Claims and awards in Tenancy Tribunal application 5466247 — net $3,514.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to today’s date together with rent in advance owing to 17 May 2026	$3,486.48	Rent arrears to today’s date together with rent in advance owing to 17 May 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,514.48
Total payable by Tenant to Landlord	$3,514.48

Order

The tenancy of [The tenant/s] at Unit/Flat Flat 5, 42 Queen Street, Mount Victoria, Wellington 6011 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Sunday, 17 May 2026.
[The tenant/s] must pay [The landlord/s] $3,514.48 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing which was held by video conference. The landlord was represented by Ms Weber.
This social housing tenancy began on 3 May 2023. Rent is $343.39 per week. The tenant receives a weekly rent subsidy of $94.26 each week and so pays $249.13 per week.
The landlord has applied for termination of the tenancy under section 55(1) Residential Tenancies Act 1986 (RTA) together with an order for rent arrears and reimbursement of the filing fee, on the basis that rent was more than 21 days in arrear at the date of filing the application. Request for adjournment
On 5 May 2026 Mr Christie sought an adjournment of the hearing today on the basis he had not received sufficient notice of the hearing. He sent an email to Tenancy Services stating that he had received an email on 31 March 2026 which stated:
Mr Christie said that the notice of hearing was not attached to the email, there were no “instructions” and that he required the hearing to be in person as he did not have the ability to video conference.
The tenant’s request was referred to the Tribunal Registry who contacted the landlord to seek their views before a decision was made.
The landlord advised that they did not consent to the adjournment as the tenant had not paid rent since 11 February 2016, was unwilling to engage with the landlord and had not communicated any intent to resolve the arrears.
I reviewed the tenant’s request and the landlord’s response on 11 May 2026. I declined the tenant’s request for an adjournment and issued the following direction:

Should the tenancy be terminated?

55(1) of the Residential Tenancies Act 1986 provides that the Tribunal shall make an order terminating the tenancy if it is satisfied that rent was, at the date on which the application was filed, at least 21 days in arrear. Landlord’s position
The landlord produced a rent summary showing that rent was over 21 days in arrear on the date the application was filed ($1,244.31). I note that rent was over 21 days in arrear when calculated on the total rent paid per week, including the subsidy (25 days in arrear) and also when calculated just on the portion paid the tenant, excluding the subsidy (34 days).
The landlord said that the rent is now significantly in arrear and referred me to the rent summary produced which proves that rent is now owing, up to the end of the current rent period (17 May 2025), in the amount of $3,486.48.
The landlord seeks termination of the tenancy. They seek a possession at the end of the current rent period. Tenant’s position
Mr Christie said that the landlord had deliberately tried to mislead the Tribunal by not disclosing that they had served a 90-day notice to terminate his tenancy on 23 February 2026 and that his tenancy is due to end on 1 June 2026.
Mr Christie said that the rent is not in arrears. He said that the landlord has breached his right to quiet enjoyment of the property (under section 38(3) RTA) and that he has stopped paying rent due to this. He said that he does not owe anything.
When questioned by the Tribunal Mr Christie said that he had not filed an application against the landlord. Discussion
Section 51 of the Residential Tenancies Act 1986 provides that a landlord may terminate a periodic tenancy in any case by giving 90 days’ notice.
If the tenant stops paying rent in the meantime, or rent arrears increase in the meantime, the landlord may apply to terminate the tenancy on the basis of rent arrears. The fact that the tenancy is due to end anyway, but at a later date, is not relevant to an application for termination for rent arrears. The landlord has not attempted to mislead the Tribunal. All of the relevant evidence has been filed.
If Mr Christie had filed a claim against the landlord for breach of quiet enjoyment then I would have considered adjourning the landlord’s claim so Mr Christie’s claim could be heard (subject to Mr Christie paying rent as it falls due in the meantime) 1 . However Mr Christie has not yet filed a claim, and he made it very clear at the hearing that he does not intend to pay any sum at all to the landlord going forward.
Section 55(1) RTA provides that the Tribunal “shall” terminate the tenancy if the rent is more than 21 days in arrear at the date of the application.
As discussed with Mr Christie today, under section 55(1A) RTA the Tribunal may, instead of making a final termination order, make a conditional termination order if (and only if) it is satisfied that the tenant will pay the arrears within a period specified by the Tribunal and that it is unlikely that the tenant will commit any further breach.
I was however unable to consider making a conditional termination order (as opposed to a final termination order) as Mr Christie maintained his position that he would not pay any sum of money to the landlord.
I find that the landlord’s claim is proved. Rent was more than 21 days in arrear at the date the landlord’s claim was filed. The tenancy is terminated.
I have made a possession order as requested by the landlord, which gives Mr Christie until end of day Sunday to vacate.
Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5466247 — net $3,514.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to today’s date together with rent in advance owing to 17 May 2026	$3,486.48	Rent arrears to today’s date together with rent in advance owing to 17 May 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,514.48
Total payable by Tenant to Landlord	$3,514.48

Order

The tenancy of [The tenant/s] at Unit/Flat Flat 5, 42 Queen Street, Mount Victoria, Wellington 6011 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Sunday, 17 May 2026.
[The tenant/s] must pay [The landlord/s] $3,514.48 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing which was held by video conference. The landlord was represented by Ms Weber.
This social housing tenancy began on 3 May 2023. Rent is $343.39 per week. The tenant receives a weekly rent subsidy of $94.26 each week and so pays $249.13 per week.
The landlord has applied for termination of the tenancy under section 55(1) Residential Tenancies Act 1986 (RTA) together with an order for rent arrears and reimbursement of the filing fee, on the basis that rent was more than 21 days in arrear at the date of filing the application. Request for adjournment
On 5 May 2026 Mr Christie sought an adjournment of the hearing today on the basis he had not received sufficient notice of the hearing. He sent an email to Tenancy Services stating that he had received an email on 31 March 2026 which stated:
Mr Christie said that the notice of hearing was not attached to the email, there were no “instructions” and that he required the hearing to be in person as he did not have the ability to video conference.
The tenant’s request was referred to the Tribunal Registry who contacted the landlord to seek their views before a decision was made.
The landlord advised that they did not consent to the adjournment as the tenant had not paid rent since 11 February 2016, was unwilling to engage with the landlord and had not communicated any intent to resolve the arrears.
I reviewed the tenant’s request and the landlord’s response on 11 May 2026. I declined the tenant’s request for an adjournment and issued the following direction:

Should the tenancy be terminated?

55(1) of the Residential Tenancies Act 1986 provides that the Tribunal shall make an order terminating the tenancy if it is satisfied that rent was, at the date on which the application was filed, at least 21 days in arrear. Landlord’s position
The landlord produced a rent summary showing that rent was over 21 days in arrear on the date the application was filed ($1,244.31). I note that rent was over 21 days in arrear when calculated on the total rent paid per week, including the subsidy (25 days in arrear) and also when calculated just on the portion paid the tenant, excluding the subsidy (34 days).
The landlord said that the rent is now significantly in arrear and referred me to the rent summary produced which proves that rent is now owing, up to the end of the current rent period (17 May 2025), in the amount of $3,486.48.
The landlord seeks termination of the tenancy. They seek a possession at the end of the current rent period. Tenant’s position
Mr Christie said that the landlord had deliberately tried to mislead the Tribunal by not disclosing that they had served a 90-day notice to terminate his tenancy on 23 February 2026 and that his tenancy is due to end on 1 June 2026.
Mr Christie said that the rent is not in arrears. He said that the landlord has breached his right to quiet enjoyment of the property (under section 38(3) RTA) and that he has stopped paying rent due to this. He said that he does not owe anything.
When questioned by the Tribunal Mr Christie said that he had not filed an application against the landlord. Discussion
Section 51 of the Residential Tenancies Act 1986 provides that a landlord may terminate a periodic tenancy in any case by giving 90 days’ notice.
If the tenant stops paying rent in the meantime, or rent arrears increase in the meantime, the landlord may apply to terminate the tenancy on the basis of rent arrears. The fact that the tenancy is due to end anyway, but at a later date, is not relevant to an application for termination for rent arrears. The landlord has not attempted to mislead the Tribunal. All of the relevant evidence has been filed.
If Mr Christie had filed a claim against the landlord for breach of quiet enjoyment then I would have considered adjourning the landlord’s claim so Mr Christie’s claim could be heard (subject to Mr Christie paying rent as it falls due in the meantime) 1 . However Mr Christie has not yet filed a claim, and he made it very clear at the hearing that he does not intend to pay any sum at all to the landlord going forward.
Section 55(1) RTA provides that the Tribunal “shall” terminate the tenancy if the rent is more than 21 days in arrear at the date of the application.
As discussed with Mr Christie today, under section 55(1A) RTA the Tribunal may, instead of making a final termination order, make a conditional termination order if (and only if) it is satisfied that the tenant will pay the arrears within a period specified by the Tribunal and that it is unlikely that the tenant will commit any further breach.
I was however unable to consider making a conditional termination order (as opposed to a final termination order) as Mr Christie maintained his position that he would not pay any sum of money to the landlord.
I find that the landlord’s claim is proved. Rent was more than 21 days in arrear at the date the landlord’s claim was filed. The tenancy is terminated.
I have made a possession order as requested by the landlord, which gives Mr Christie until end of day Sunday to vacate.
Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5466247 — Rent arrears at Unit/Flat Flat 5, 42 Queen Street, Mount Victoria, Wellington

At a glance

Tenancy Tribunal case 5466247 — Rent arrears at Unit/Flat Flat 5, 42 Queen Street, Mount Victoria, Wellington

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions