What was Tenancy Tribunal case 5495623 about?

The tribunal order states: [The tenant/s] owes Grovefield Joal Limited As Agent For Jgk Investments Ltd

How much money was awarded in case 5495623?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,021.73 awarded to landlord; Water Rates: $2,642.82 awarded to landlord

What type of tenancy dispute was case 5495623?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5495623?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13892784-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5495623 about?

The tribunal order states: [The tenant/s] owes Grovefield Joal Limited As Agent For Jgk Investments Ltd

How much money was awarded in case 5495623?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,021.73 awarded to landlord; Water Rates: $2,642.82 awarded to landlord

What type of tenancy dispute was case 5495623?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5495623?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13892784-Tenancy_Tribunal_Order.pdf.

34 Minhas Road, Papakura, Papakura 2110 Tenancy Tribunal Case 5495623 — Rent arrears

Claims and awards in Tenancy Tribunal application 5495623 — net $3,692.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 July 2026	$1,021.73	Rent arrears to 13 July 2026
Water rates (30/05/2023 – 24/04/2026	$2,642.82	Water rates (30/05/2023 – 24/04/2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,692.55
Total payable by Tenant to Landlord	$3,692.55

Order

[The tenant/s] owes Grovefield Joal Limited As Agent For Jgk Investments Ltd $3,692.55 (“the debt”), calculated as shown in the table below.
[The tenant/s] must pay rent and the debt as follows: a. By 73 weekly payments of $700.00, being $650.00 for rent and $50.00 for the debt. b. A final payment of $692.55, being $650.00 for rent and $42.55 for the debt. c. Payments will be every Monday, with the first payment on 20/07/2026 and continuing until 13/12/2027.
Payments will be allocated in the following order: rent and the debt.
If the tenant fails to pay rent and the debt within 2 working days of the due dates: a. The tenancy at 34 Minhas Road, Papakura, Papakura 2110 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

The landlord attended the hearing on 14 July 2026. The tenant did not attend.
The landlord has applied for termination of the tenancy, rent arrears and outgoings.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should the tenancy be terminated?

The law

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. 1
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. 2
In Vincent Dean Huff v City Central Property Management [2020] NZDC 19229 [23 September 2020], the District Court held that the following factors are relevant to an assessment whether it is inequitable to refuse to terminate a tenancy: a. The history of the tenancy b. Whether there has 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 1 Residential Tenancies Act 1986, section 56(1). 2 Residential Tenancies Act 1986, section 56(1)(b). f. The gravity of the breach g. Whether termination is a proportionate response to the breach Analysis
The tenant has an obligation to pay rent as and when it is due and payable under the tenancy agreement. 3 They have breached this duty by falling into rent arrears. On 22 April 2026, the landlord sent the tenant a 14-day notice, requiring them to pay $1,114.59 in rent arrears by 6 May 2026. The tenant did not remedy the breach within the required timeframe.
I find it would be inequitable to refuse to terminate the tenancy, considering the following factors: a. The history of the tenancy. The tenancy began on 26 May 2023. The tenant has been in and out of rent arrears regularly throughout the tenancy. The tenant also owes $2,642.82 in outstanding water rates invoices from 30/05/2023 – 24/04/2026. b. Whether there has been a persistent failure after repeated warnings. The landlord has sent the tenant 14-day notices and reminded them of the need to pay rent when due and to clear the arrears. Despite these warnings, the tenant has not cleared the rent arrears. Water rates invoices also remain outstanding. c. Whether the history of breaches was such it was unlikely the tenant would comply with their obligations in the future. Given the extent to which the tenant has been in and out of rent arrears in the past, it is unlikely they will comply with their obligations in the future, unless a conditional termination order is in place to provide them with an additional incentive. d. Whether the breach was inadvertent or deliberately committed. No evidence was submitted to suggest the breach was inadvertent. I find it was deliberate. e. The conduct of the landlord. The landlord has tried to resolve the issue personally and has only sought the assistance of the Tribunal as a last resort. f. The gravity of the breach. The breach is serious. The requirement to pay rent is arguably the most important and fundamental duty of a tenant.
Considering all of these factors, I find termination to be a proportionate response to the breach. 3 Residential Tenancies Act 1986, section 40(1)(a).
The landlord has asked me to consider making a conditional order for termination. I am empowered to do this under section 78(3) of the Residential Tenancies Act 1986 (RTA). I find it appropriate to make a conditional termination order, because the tenant has paid their rent consistently since 24 April 2026. This gives me some assurance that they will pay their rent on time moving forward and will also pay the debt, especially with a conditional termination order providing an additional incentive.
I have ordered the tenant to pay an additional $50.00 per week towards the debt on top of the weekly rent. The landlord initially suggested that repayments be set at $100.00 however, the tenant appears to be receiving a benefit and $100.00 might be too high. The landlord agreed to set the repayments at $50.00 per week.
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

How much does the tenant owe in rent arrears?

The landlord submitted a rent summary, which proves the tenant owes $1,021.73 in rent arrears up to 13 July 2026.

How much does the tenant owe in outstanding water rates invoices?

The landlord submitted a water rates invoice summary, together with copies of original invoices from Veolia, which prove the tenant owes $2,642.82 in outstanding water rates invoices from 30/05/2023 – 24/04/2026.
The amount sought is high however, I find the landlord has acted reasonably to mitigate their loss. They previously filed an application in 2025 with the Tribunal for outstanding water rates invoices, which was dealt with at mediation. Unfortunately, the tenant has not stuck to the agreed payment plan, which is why the amount owed has increased and the landlord has had to file another application with the Tribunal. 4 Residential Tenancies Act 1986, section 64(4)(b). Filing fee
Because Grovefield Joal Limited As Agent For Jgk Investments Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5495623 — net $3,692.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 July 2026	$1,021.73	Rent arrears to 13 July 2026
Water rates (30/05/2023 – 24/04/2026	$2,642.82	Water rates (30/05/2023 – 24/04/2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,692.55
Total payable by Tenant to Landlord	$3,692.55

Order

[The tenant/s] owes Grovefield Joal Limited As Agent For Jgk Investments Ltd $3,692.55 (“the debt”), calculated as shown in the table below.
[The tenant/s] must pay rent and the debt as follows: a. By 73 weekly payments of $700.00, being $650.00 for rent and $50.00 for the debt. b. A final payment of $692.55, being $650.00 for rent and $42.55 for the debt. c. Payments will be every Monday, with the first payment on 20/07/2026 and continuing until 13/12/2027.
Payments will be allocated in the following order: rent and the debt.
If the tenant fails to pay rent and the debt within 2 working days of the due dates: a. The tenancy at 34 Minhas Road, Papakura, Papakura 2110 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

The landlord attended the hearing on 14 July 2026. The tenant did not attend.
The landlord has applied for termination of the tenancy, rent arrears and outgoings.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should the tenancy be terminated?

The law

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. 1
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. 2
In Vincent Dean Huff v City Central Property Management [2020] NZDC 19229 [23 September 2020], the District Court held that the following factors are relevant to an assessment whether it is inequitable to refuse to terminate a tenancy: a. The history of the tenancy b. Whether there has 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 1 Residential Tenancies Act 1986, section 56(1). 2 Residential Tenancies Act 1986, section 56(1)(b). f. The gravity of the breach g. Whether termination is a proportionate response to the breach Analysis
The tenant has an obligation to pay rent as and when it is due and payable under the tenancy agreement. 3 They have breached this duty by falling into rent arrears. On 22 April 2026, the landlord sent the tenant a 14-day notice, requiring them to pay $1,114.59 in rent arrears by 6 May 2026. The tenant did not remedy the breach within the required timeframe.
I find it would be inequitable to refuse to terminate the tenancy, considering the following factors: a. The history of the tenancy. The tenancy began on 26 May 2023. The tenant has been in and out of rent arrears regularly throughout the tenancy. The tenant also owes $2,642.82 in outstanding water rates invoices from 30/05/2023 – 24/04/2026. b. Whether there has been a persistent failure after repeated warnings. The landlord has sent the tenant 14-day notices and reminded them of the need to pay rent when due and to clear the arrears. Despite these warnings, the tenant has not cleared the rent arrears. Water rates invoices also remain outstanding. c. Whether the history of breaches was such it was unlikely the tenant would comply with their obligations in the future. Given the extent to which the tenant has been in and out of rent arrears in the past, it is unlikely they will comply with their obligations in the future, unless a conditional termination order is in place to provide them with an additional incentive. d. Whether the breach was inadvertent or deliberately committed. No evidence was submitted to suggest the breach was inadvertent. I find it was deliberate. e. The conduct of the landlord. The landlord has tried to resolve the issue personally and has only sought the assistance of the Tribunal as a last resort. f. The gravity of the breach. The breach is serious. The requirement to pay rent is arguably the most important and fundamental duty of a tenant.
Considering all of these factors, I find termination to be a proportionate response to the breach. 3 Residential Tenancies Act 1986, section 40(1)(a).
The landlord has asked me to consider making a conditional order for termination. I am empowered to do this under section 78(3) of the Residential Tenancies Act 1986 (RTA). I find it appropriate to make a conditional termination order, because the tenant has paid their rent consistently since 24 April 2026. This gives me some assurance that they will pay their rent on time moving forward and will also pay the debt, especially with a conditional termination order providing an additional incentive.
I have ordered the tenant to pay an additional $50.00 per week towards the debt on top of the weekly rent. The landlord initially suggested that repayments be set at $100.00 however, the tenant appears to be receiving a benefit and $100.00 might be too high. The landlord agreed to set the repayments at $50.00 per week.
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

How much does the tenant owe in rent arrears?

The landlord submitted a rent summary, which proves the tenant owes $1,021.73 in rent arrears up to 13 July 2026.

How much does the tenant owe in outstanding water rates invoices?

The landlord submitted a water rates invoice summary, together with copies of original invoices from Veolia, which prove the tenant owes $2,642.82 in outstanding water rates invoices from 30/05/2023 – 24/04/2026.
The amount sought is high however, I find the landlord has acted reasonably to mitigate their loss. They previously filed an application in 2025 with the Tribunal for outstanding water rates invoices, which was dealt with at mediation. Unfortunately, the tenant has not stuck to the agreed payment plan, which is why the amount owed has increased and the landlord has had to file another application with the Tribunal. 4 Residential Tenancies Act 1986, section 64(4)(b). Filing fee
Because Grovefield Joal Limited As Agent For Jgk Investments Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5495623 — Rent arrears at 34 Minhas Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5495623 — Rent arrears at 34 Minhas Road, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe in rent arrears?

How much does the tenant owe in outstanding water rates invoices?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe in rent arrears?

How much does the tenant owe in outstanding water rates invoices?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions