Tenantcheck Insights · Case study
Tenancy Tribunal case 5476270 — Rent arrears
Decided 19 Jun 2026 · Published 19 Jun 2026 · Application 5476270
- Rent arrears
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Adjudicator
C Boys
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The Tribunal orders suppression of the Tenant’s and Landlord’s name and identifying details.
- The tenancy is terminated and possession granted to [The landlord/s] from 18 July 2026.
- [The tenant/s] must pay [The landlord/s] $0.00 immediately, being the compromised rent arrears sought.
Reasons
- While this has come before me as a tenancy matter, it is necessary to reflect and acknowledge that the relationship between the parties is broader and deeper than the narrow legal positions of landlord and tenant. The parties have a son who is in his first-year at university and is living in halls.
- The tenancy has been the Tenant’s home since 2019 and is owned by the Landlord’s family trust.
- As I understand it from the parties there are some issues relating to parenting which are in dispute between them. I acknowledge the importance of these issues to the parties, however, as discussed below, my considerations are bound by the narrow requirements of the Residential Tenancies Act 1986 (RTA). These other matters may be more appropriately dealt with in other forums.
- From around the beginning of 2026 the Tenant suffered a series of setbacks and problems, including loss of income, the death of her partner of 12 years, and her son leaving home to attend university. Due to these issues she has struggled to pay rent. The last rent payment was made on 7 January 2026. To date arrears of $10,928.57 have accrued. The landlord issued notices for rent arrears on 15 and 24 February, and 9 March 2026. On 26 March 2026, landlord made this application applying for termination of the tenancy and rent arrears.
- At today’s hearing the landlord proposed that the tenancy is terminated and possession granted on 18 July 2026. The tenant agreed with this. I formalise this agreement as an order of the Tribunal.
- The landlord provided rent records which prove the amount owing at the end of the tenancy. However, at today’s hearing he offered to compromise the amount sought, and he seeks $5000 arrears.
- The tenant acknowledged that rent has not been paid. However, she wished me to take into account the background circumstances relating to the shared parenting situation, and the cost she had incurred in raising their son. It was clear that there are differing views between the parties on past events and their relative obligations to each other. My considerations however are limited by the jurisdiction this Tribunal has under the RTA. This Tribunal is neither empowered nor equipped to consider the parties’ parental obligations.
- S41(a) RTA sets out that a tenant is obliged to pay rent when it is due. For reasons outside of the control the tenant is in breach of her obligations. The landlord has applied for rent arrears and has provided rent records which prove the amount owing. He has compromised the amount he seeks. The RTA affords me no discretion to vary an award for arrears. During the hearing I discussed with the parties whether I should make an order for part payments over time. However, I have concluded that these details are best left to the parties to negotiate, and that the tenant may well seek assistance from WINZ for the payment of arrears.
- I order that the tenant is to pay $5,000 arrears.