What was Tenancy Tribunal case 5491490 about?

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

How much money was awarded in case 5491490?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,107.15 awarded to landlord; Water Rates: $1,046.56 awarded to landlord

What type of tenancy dispute was case 5491490?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5491490?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13652152-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5491490 about?

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

How much money was awarded in case 5491490?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,107.15 awarded to landlord; Water Rates: $1,046.56 awarded to landlord

What type of tenancy dispute was case 5491490?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5491490?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13652152-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5491490 — Rent arrears

Claims and awards in Tenancy Tribunal application 5491490. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 May 2025	$2,107.15	Rent arrears to 25 May 2025
Water rates to 2 Feb 2026	$1,046.56	Water rates to 2 Feb 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement

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] owes [The landlord/s] $3,181.71 (“the debt”), as calculated in the table below -

[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of current rent and $300 for the debt. b. Payments will be every Wednesday, with the first payment due on Wednesday 27 May 2026 and continuing until the debt is paid in full.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If the tenant fails to pay rent, rent arrears and water rates 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 tenant fails 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.
The landlord’s name is amended to Wolfbrook Property Management as agent by consent, as they are the current landlord.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenants 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. 1
The tenant breached their obligations by failing to pay rent as and when it was due and payable under the tenancy agreement. On 19 March 2026 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period.
In Vincent Dean Huff v City Central Property Management 2 the Court set out a range of factors that would be relevant to whether a breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy: a) The history of the tenancy. b) Whether there had been a persistent failure after repeated warnings. c) Whether the history of breaches was such it was unlikely the tenant would comply with their obligations in the future. d) Whether the breach was inadvertent or deliberately committed. e) The conduct of the landlord. f) The gravity of the breach. 1 See section 56(1) Residential Tenancies Act 1986. 2 Vincent Dean Huff v City Central Property Management [2020] NZDC 19229 (Judge Rowe) at [61]., g) Whether termination is a proportionate response to the breach.
It would be inequitable to refuse to terminate the tenancy because: a. the rent has been in arrears a number of times during the tenancy, b. rent arrears and nonpayment of water rates are a serious and deliberate breach of the tenant’s obligations, c. the landlord has acted appropriately in promptly addressing the rent arrears, d. the rent and water rates continue to be in arrears, therefore termination is a proportionate response to the breach
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 order by consent. 3
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. 4 Filing fee and suppression
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 5
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published and may attach any conditions to that order the Tribunal considers appropriate. 6
The landlord sought suppression and as the application is successful, I have made an order accordingly.
The tenants applied for name suppression and because this order is made by consent, akin to a mediated order which would be confidential, I have suppressed the tenant’s names and identifying details. 3 See section 78(3) Residential Tenancies Act 1986. 4 See section 64(4)(b) Residential Tenancies Act 1986. 5 RTA, s 95A (1). 6 RTA, s 95A (4) and (5)

Claims and awards in Tenancy Tribunal application 5491490. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 May 2025	$2,107.15	Rent arrears to 25 May 2025
Water rates to 2 Feb 2026	$1,046.56	Water rates to 2 Feb 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement

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] owes [The landlord/s] $3,181.71 (“the debt”), as calculated in the table below -

[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of current rent and $300 for the debt. b. Payments will be every Wednesday, with the first payment due on Wednesday 27 May 2026 and continuing until the debt is paid in full.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If the tenant fails to pay rent, rent arrears and water rates 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 tenant fails 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.
The landlord’s name is amended to Wolfbrook Property Management as agent by consent, as they are the current landlord.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenants 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. 1
The tenant breached their obligations by failing to pay rent as and when it was due and payable under the tenancy agreement. On 19 March 2026 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period.
In Vincent Dean Huff v City Central Property Management 2 the Court set out a range of factors that would be relevant to whether a breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy: a) The history of the tenancy. b) Whether there had been a persistent failure after repeated warnings. c) Whether the history of breaches was such it was unlikely the tenant would comply with their obligations in the future. d) Whether the breach was inadvertent or deliberately committed. e) The conduct of the landlord. f) The gravity of the breach. 1 See section 56(1) Residential Tenancies Act 1986. 2 Vincent Dean Huff v City Central Property Management [2020] NZDC 19229 (Judge Rowe) at [61]., g) Whether termination is a proportionate response to the breach.
It would be inequitable to refuse to terminate the tenancy because: a. the rent has been in arrears a number of times during the tenancy, b. rent arrears and nonpayment of water rates are a serious and deliberate breach of the tenant’s obligations, c. the landlord has acted appropriately in promptly addressing the rent arrears, d. the rent and water rates continue to be in arrears, therefore termination is a proportionate response to the breach
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 order by consent. 3
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. 4 Filing fee and suppression
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 5
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published and may attach any conditions to that order the Tribunal considers appropriate. 6
The landlord sought suppression and as the application is successful, I have made an order accordingly.
The tenants applied for name suppression and because this order is made by consent, akin to a mediated order which would be confidential, I have suppressed the tenant’s names and identifying details. 3 See section 78(3) Residential Tenancies Act 1986. 4 See section 64(4)(b) Residential Tenancies Act 1986. 5 RTA, s 95A (1). 6 RTA, s 95A (4) and (5)

Tenancy Tribunal case 5491490 — Rent arrears

At a glance

Claims & awards

Tenancy Tribunal case 5491490 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions