What was Tenancy Tribunal case 5543665 about?

The tribunal order states: [The tenant/s] must pay Uno Property Management Limited As Agent For

How much money was awarded in case 5543665?

Filing Fee: $29.00 awarded to landlord; Rent Arrears: $1,685.00 awarded to landlord; Water Rates: $941.89 awarded to landlord

What type of tenancy dispute was case 5543665?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5543665?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14196261-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5543665 about?

The tribunal order states: [The tenant/s] must pay Uno Property Management Limited As Agent For

How much money was awarded in case 5543665?

Filing Fee: $29.00 awarded to landlord; Rent Arrears: $1,685.00 awarded to landlord; Water Rates: $941.89 awarded to landlord

What type of tenancy dispute was case 5543665?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5543665?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14196261-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5543665 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5543665 — net $2,655.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 September 2026	$1,685.00	Rent arrears to 10 September 2026
Water rates: 14 October 2025 to 14 August 2026	$941.89	Water rates: 14 October 2025 to 14 August 2026
Filing fee reimbursement	$29.00	Filing fee reimbursement
Net award	$2,655.89
Total payable by Tenant to Landlord	$2,655.89

Ms Li appeared for the landlord by video link. The tenant appeared by phone. English is not the tenant’s first language, and they were assisted by a friend, (redacted). The Tribunal is grateful for (redacted) assistance.

The tenancy commenced on 06 May 2022. On 13 July 2026, the landlord filed a claim for termination for rent arrears of at least 21 days, and failure to remedy a 14-day breach notice. The landlord also seeks outstanding water rates. In their application the landlord indicated that they would support a conditional termination order. Termination and rent arrears.

From the commencement of the tenancy to 01 August 2024, the weekly rent was $665.00. WINZ pays the rent directly to the landlord. On 24 May 2024, the landlord issued a notice to increase the rent to $690.00, effective from 02 August 2024. This was the first rent increase for the tenancy.

The tenant failed to pay the increased rent, stating that they did not accept it. The tenancy agreement did not include the garage, which was being used by the owner. The tenant stated they told the then property manager that they would only accept the rent increase if they could use the garage. Effectively, the tenant was seeking to vary the terms of the agreement. The tenant stated that the property manager said they would get back to them but never did, after which there was a change of agent for the landlord. The tenant states that, since then, rent arrears have not been raised.

An up-to-date rent summary produced shows that on 29 May 2026, WINZ increased the rent payments to $690.00 per week. The tenant refuses to pay the arrears that have accrued from 2 August 2024 to 28 May 2026, stating that if the landlord does not include the garage, then they will seek to end the tenancy by giving notice.

The landlord stated that they had issued at least three 14-day breach notices for rent arrears, and that the tenant had acknowledged on at least one occasion the fact of the arrears. The property manager appeared unaware of the issue with the garage but confirmed that it did not form part of the tenancy, and that the landlord did not agree to vary the agreement to include it. They stated that the rent increase was valid. Law

Section 40(1)(a) of the Residential Tenancies Act 1986. (Act) states the tenant shall pay the rent as and when it is due and payable under the tenancy agreement.

Section 55(1) of the Act provides that if the rent is more than 21 days in arrears at the time the application is filed, the Tribunal must terminate the tenancy.

Under section 56(1), 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.

In determining the exercise of the discretion in section 56(1)(c), the Court in Vincent Dean Huff v City Central Property Management Limited [2020] NZDC 19229, stated at [61]: [61] Factors which are relevant to whether it would be inequitable to refuse to terminate this tenancy include: •The history of the tenancy. •Whether there has been a persistent failure after repeated warnings. •Whether the history of breaches was such that it was unlikely the tenant would comply with their obligations in the future. •Whether the breach was inadvertent or deliberately committed. •The conduct of the landlord. •The gravity of the breach. •Whether termination is a proportionate response to the breach.

In cases where an application has been made under section 56(1), and the rent is at least 21 days in arrears on the date the application is heard, the Tribunal must, under section 56(2), treat the application as if it had been made under section 55(1) of the Act.

Section 13B of the Act states that every variation of a tenancy agreement, and every renewal of a tenancy agreement, must be in writing and signed by both the landlord and the tenant.

A landlord may increase the rent for a periodic tenancy under section 24 of the Act. For there to be a valid increased the landlord must give the tenant written notice of the rent increase, and the notice must specify the amount of the increased rent and the date it becomes payable. Any rent increase cannot take effect until at least 60 days after the notice is given. Rent cannot be increased within 12 months of the start of the tenancy or within 12 months of the last rent increase.

Under section 25 of the Act, a tenant may apply to the Tenancy Tribunal if they believe the rent for their tenancy is substantially higher than the market rent. If the Tribunal is satisfied that the rent does exceed market rent by a substantial amount, it can make an order to reduce the rent to a level in line with market rent. Analysis and decision

The law allows the landlord to increase the rent; it does not require the tenant’s acceptance. If the tenant believes the increase results in a rent exceeding the market rent by a substantial amount, they can make an application under section 25 of the Act.

In this case, I am satisfied that the increase is valid. While the tenant may wish to renegotiate the terms of the agreement, including the rent, the landlord is not obliged to do so. If the parties reach any agreement, it must be recorded in writing. The landlord clearly does not wish to vary the terms of the agreement to include the garage.

The rent summary shows that at the date the application was filed on 13 July 2026 that the rent was not at least 21 days in arrears.

The summary shows that the tenant did not remedy the 14-day breach notice issued on 16 June 2026.

Applying the factors in Vincent Dean Huff v City Central Property Management Limited, although the 14-day notice was not remedied, I do not consider that termination is proportionate to the breach.

The issue stems from a misunderstanding on the tenant’s part that they can force the landlord to renegotiate the terms of the agreement to include the garage in return for accepting the rent increase. They are mistaken. However, having refused to make the increased rent payments, the rent summary shows that from 29 May 2026, these payments have in fact been made.

Accordingly, I do not consider that it would be inequitable to refuse termination. If the tenant no longer accepts the terms of the agreement, they should take steps to bring the relationship to an end.

As at today’s hearing date, the rent is not at least 21 days in arrears and there are no grounds for termination under section 56(2) of the Act.

In conclusion, the application for termination is declined. I order the rent arrears claimed to 10 September 2026 of $1,685.00. Water and wastewater charges

The landlord is claiming water and wastewater charges for the period 14 October 2025 to 14 August 2026. The claim does not include fixed charges for which the tenant is not liable.

The tenant states that they have declined to make the payments because they had asked for but not received, the actual invoices. They further stated that, when they were provided, they did not understand them and questioned whether the water provider had actually attended the property to read the meter. They stated they did not deny usage but sought transparency regarding the charges. They also stated that, although they had spent periods away from the property, that their water usage appeared to have remained the same or increased, suggesting that the water meter may be faulty.

The landlord states that each month they emailed the tenant a statement together with the actual provider invoice. They also stated that they had explained during an inspection how to read the invoice.

The landlord provided each statement and invoice for the period along with a schedule. Law

Under section 39 of the Act, the tenant is responsible for outgoings that are exclusively attributable to their occupation of the premises, such as electricity, gas, telephone, and water and wastewater charges. Analysis

I accept the landlord’s evidence. I am satisfied that the tenant has been provided with statements and the actual invoices. I am able to reconcile the landlord’s statements with the invoices, and the schedule. The calculation is straight forward and is for usage only. I am satisfied that the landlord has done as much as they can to assist the tenant. If the tenant does still not understand the invoice and feels the landlord’s explanation is insufficient, they should seek assistance elsewhere.

I also note that the provider reads the meter on alternate months, using an estimate one month and taking an actual reading the next, and so on. This means that although the tenant may have been away, the recorded usage for that period may be an estimate rather than actual usage, which will then be corrected with the following reading. There is nothing apparent that is untoward. I am satisfied that the invoicing is sufficiently transparent. I award the water and wastewater charges claimed. Costs

Because Uno Property Management Limited As Agent For Jennyanna Siu has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression

Although the landlord has been substantially successful and entitled to name suppression, they do not seek it, and no orders are made.

Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interests of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.

I am satisfied that it is appropriate to consider the exercise of my discretion under section 95A (4) to suppress the tenant’s name and details. The tenant has avoided termination. Having regard to the circumstances of the case and the interests of the tenant, while I am satisfied that there is a public interest in the facts and application of the law, I do not consider that this interest necessarily extends to the name of the tenant. Accordingly, I order suppression of the tenant’s name.

Reasons

Claims and awards in Tenancy Tribunal application 5543665 — net $2,655.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 September 2026	$1,685.00	Rent arrears to 10 September 2026
Water rates: 14 October 2025 to 14 August 2026	$941.89	Water rates: 14 October 2025 to 14 August 2026
Filing fee reimbursement	$29.00	Filing fee reimbursement
Net award	$2,655.89
Total payable by Tenant to Landlord	$2,655.89