What was Tenancy Tribunal case 5546337 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] and [The tenant/s] tenant/s] at 56 Tutere

How much money was awarded in case 5546337?

Filing Fee: $29.00 awarded to landlord; Rent Arrears: $485.71 awarded to landlord

What type of tenancy dispute was case 5546337?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5546337?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14119138-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5546337 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] and [The tenant/s] tenant/s] at 56 Tutere

How much money was awarded in case 5546337?

Filing Fee: $29.00 awarded to landlord; Rent Arrears: $485.71 awarded to landlord

What type of tenancy dispute was case 5546337?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5546337?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14119138-Tribunal_Order.pdf.

56 Tutere Street, Waikanae Beach, Waikanae 5036 Tenancy Tribunal Case 5546337 — Rent arrears

Claims and awards in Tenancy Tribunal application 5546337 — net $514.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 20 August 2026	$485.71	Rent arrears (to 20 August 2026
Filing fee reimbursement	$29.00	Filing fee reimbursement
Net award	$514.71
Bond	$514.71
Total payable by Tenant to Landlord	$514.71

Order

dated 21 August 2026 contained a date error. The Order incorrectly recorded that the tenancy of [The tenant/s] tenant/s] and [The tenant/s] tenant/s] at 56 Tutere Street, Waikanae Beach, Waikanae 5036 is terminated, and possession is granted to Jade Rental Properties Limited As Agent For Grant Johnson, at 11.59pm on Thursday 27 August 2027. The Order has been amended to correctly reflect that the tenancy is terminated and possession is granted to Jade Rental Properties Limited As Agent For Grant Johnson, at

59pm on Thursday 27 August 2026. II.No other changes have been made. III.The Order is amended accordingly.

ORDER

The tenancy of [The tenant/s] tenant/s] and [The tenant/s] tenant/s] at 56 Tutere Street, Waikanae Beach, Waikanae 5036 is terminated, and possession is granted to Jade Rental Properties Limited As Agent For Grant Johnson, at
59pm on Thursday 27 August 2026.
The Bond Centre is to pay $514.71 from the bond of $2,080.00 (BN-25101711) to Jade Rental Properties Limited As Agent For Grant Johnson immediately.
The balance of the bond of $1,565.29 is to remain at the Bond Centre.

Reasons

On 17 July 2026 the landlord filed an application seeking termination of the tenancy for rent arrears, refund of the bond and reimbursement of the filing fee.
The hearing proceeded by video conference. Ms Cindy Foote, Property Manager, appeared for the landlord. The tenant’s failed to appear. The Tribunal was satisfied the tenants were properly served with the notice of hearing and the case proceeded in their absence. Relevant law
The landlord seeks termination of the tenancy under either sections 55 or 56 of the Residential Tenancies Act 1986 (the “Act”).
Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears.
Under section 56(1) of the Act, the Tribunal may terminate a tenancy if the tenant has failed to remedy a 14-day breach notice for rent arrears, and it would be inequitable to refuse termination.
Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act.

Can the tenancy be terminated under section 55 of the Act?

The application for termination was filed on 17 July 2026. At the time of filing the tenant’s rent arrears totalled $1,520.00. Rent was not mare than 21 days in arrears and the grounds for termination under section 55 of the Act are not made out. The claim is dismissed.

Can the tenancy be terminated under section 56 of the Act?

On 25 June 2026 the landlord served the tenant with a 14-day breach notice for rent arrears totalling $485.71; the notice also required the tenant to pay the current rent of $520.00. The notice expired on 9 July 2026. The notice was not remedied. The rent records show the tenants made one payment of $600.00 on 30 June 2026.
The grounds for termination of the tenancy under section 56 of the Act are made out. Under section 56(1) of the Act the Tribunal must consider, where a 14-breach notice has not been remedied if it would be inequitable to refuse termination.
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. f. The gravity of the breach. g. Whether termination is a proportionate response to the breach.
Having regard to those factors I note: a. The history of the tenancy: the tenancy commenced on 31 January 2026 and has been afoot for 28 weeks and five day to the date of hearing. b. Whether there has been a persistent failure after repeated warnings: the landlord has previously commenced proceedings in the Tenancy Tribunal for rent arrears. On 12 June 2026 a Mediated Order was sealed requiring the tenants to pay their rent on or before Saturday 13 June 2026 and to continue to pay their rent weekly on or before each Saturday thereafter. The Order also required the tenants to pay rent arrears of $320.00 by Thursday 11 June 2026. The Order was not complied with. As detailed in paragraph [8] the landlord served the tenant with a 14-day breach notice that was not remedied. c. Whether the history of breaches was such it was unlikely the tenant would comply with their obligation in the future: Section 40(1)(a) of the Act requires the tenants to pay their rent as and when it falls due. To date the tenants have failed to pay their rent as and when it falls due on 10 occasions. The rent records show that rent irregularities started around 25 April 2026 and continue, despite a previous Mediated Order and a 14-day breach notice. Based on the tenants’ current pattern of behaviour, the Tribunal considers it unlikely they will meet their obligations to pay rent under the terms of the tenancy moving forward. d. Whether the breach was inadvertent or deliberately committed: Given the lack of engagement the Tribunal considers that the breaches are more likely than not deliberate. The tenants have failed to pay rent as and when it falls due since 25 April 2026 leading to rent arrears. e. Conduct of the landlord: The Tribunal considers the landlord has conducted themselves appropriately. They have successfully applied to the Tribunal for a Mediated Order in June 2026 and issued the tenant with a 14-day breach notice. f. The gravity of the breach – The Tribunal takes non-payment of rent very seriously. g. Whether termination is a proportionate response to the breach: The Tribunal considers that termination is a proportionate response to the breach. The tenant has been consistently in rent arrears since 25 April 2026. They failed to comply with June’s Mediated Order and a 14-day breach notice.
For those reasons the Tribunal finds that it would be inequitable to refuse to terminate the tenancy.
The Tribunal considers it appropriate to grant the landlord possession of the premises at 11.59pm on Thursday 27 August 2026. This will provide the tenants with an opportunity to vacate the property and return it to the landlord in a reasonably clean and tidy condition without significantly increasing the rent debt.

How much is owed in rent arrears?

The landlord produced up to date rent records with prove the amount owed. The amount claimed is ordered. Other matters
Because Jade Rental Properties Limited As Agent For Grant Johnson has wholly succeeded with the claim I must reimburse the filing fee.
Despite being wholly successful the landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5546337 — net $514.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 20 August 2026	$485.71	Rent arrears (to 20 August 2026
Filing fee reimbursement	$29.00	Filing fee reimbursement
Net award	$514.71
Bond	$514.71
Total payable by Tenant to Landlord	$514.71

Order

59pm on Thursday 27 August 2026. II.No other changes have been made. III.The Order is amended accordingly.

ORDER

The tenancy of [The tenant/s] tenant/s] and [The tenant/s] tenant/s] at 56 Tutere Street, Waikanae Beach, Waikanae 5036 is terminated, and possession is granted to Jade Rental Properties Limited As Agent For Grant Johnson, at
59pm on Thursday 27 August 2026.
The Bond Centre is to pay $514.71 from the bond of $2,080.00 (BN-25101711) to Jade Rental Properties Limited As Agent For Grant Johnson immediately.
The balance of the bond of $1,565.29 is to remain at the Bond Centre.

Reasons

On 17 July 2026 the landlord filed an application seeking termination of the tenancy for rent arrears, refund of the bond and reimbursement of the filing fee.
The hearing proceeded by video conference. Ms Cindy Foote, Property Manager, appeared for the landlord. The tenant’s failed to appear. The Tribunal was satisfied the tenants were properly served with the notice of hearing and the case proceeded in their absence. Relevant law
The landlord seeks termination of the tenancy under either sections 55 or 56 of the Residential Tenancies Act 1986 (the “Act”).
Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears.
Under section 56(1) of the Act, the Tribunal may terminate a tenancy if the tenant has failed to remedy a 14-day breach notice for rent arrears, and it would be inequitable to refuse termination.
Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act.

Can the tenancy be terminated under section 55 of the Act?

The application for termination was filed on 17 July 2026. At the time of filing the tenant’s rent arrears totalled $1,520.00. Rent was not mare than 21 days in arrears and the grounds for termination under section 55 of the Act are not made out. The claim is dismissed.

Can the tenancy be terminated under section 56 of the Act?

On 25 June 2026 the landlord served the tenant with a 14-day breach notice for rent arrears totalling $485.71; the notice also required the tenant to pay the current rent of $520.00. The notice expired on 9 July 2026. The notice was not remedied. The rent records show the tenants made one payment of $600.00 on 30 June 2026.
The grounds for termination of the tenancy under section 56 of the Act are made out. Under section 56(1) of the Act the Tribunal must consider, where a 14-breach notice has not been remedied if it would be inequitable to refuse termination.
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. f. The gravity of the breach. g. Whether termination is a proportionate response to the breach.
Having regard to those factors I note: a. The history of the tenancy: the tenancy commenced on 31 January 2026 and has been afoot for 28 weeks and five day to the date of hearing. b. Whether there has been a persistent failure after repeated warnings: the landlord has previously commenced proceedings in the Tenancy Tribunal for rent arrears. On 12 June 2026 a Mediated Order was sealed requiring the tenants to pay their rent on or before Saturday 13 June 2026 and to continue to pay their rent weekly on or before each Saturday thereafter. The Order also required the tenants to pay rent arrears of $320.00 by Thursday 11 June 2026. The Order was not complied with. As detailed in paragraph [8] the landlord served the tenant with a 14-day breach notice that was not remedied. c. Whether the history of breaches was such it was unlikely the tenant would comply with their obligation in the future: Section 40(1)(a) of the Act requires the tenants to pay their rent as and when it falls due. To date the tenants have failed to pay their rent as and when it falls due on 10 occasions. The rent records show that rent irregularities started around 25 April 2026 and continue, despite a previous Mediated Order and a 14-day breach notice. Based on the tenants’ current pattern of behaviour, the Tribunal considers it unlikely they will meet their obligations to pay rent under the terms of the tenancy moving forward. d. Whether the breach was inadvertent or deliberately committed: Given the lack of engagement the Tribunal considers that the breaches are more likely than not deliberate. The tenants have failed to pay rent as and when it falls due since 25 April 2026 leading to rent arrears. e. Conduct of the landlord: The Tribunal considers the landlord has conducted themselves appropriately. They have successfully applied to the Tribunal for a Mediated Order in June 2026 and issued the tenant with a 14-day breach notice. f. The gravity of the breach – The Tribunal takes non-payment of rent very seriously. g. Whether termination is a proportionate response to the breach: The Tribunal considers that termination is a proportionate response to the breach. The tenant has been consistently in rent arrears since 25 April 2026. They failed to comply with June’s Mediated Order and a 14-day breach notice.
For those reasons the Tribunal finds that it would be inequitable to refuse to terminate the tenancy.
The Tribunal considers it appropriate to grant the landlord possession of the premises at 11.59pm on Thursday 27 August 2026. This will provide the tenants with an opportunity to vacate the property and return it to the landlord in a reasonably clean and tidy condition without significantly increasing the rent debt.

How much is owed in rent arrears?

The landlord produced up to date rent records with prove the amount owed. The amount claimed is ordered. Other matters
Because Jade Rental Properties Limited As Agent For Grant Johnson has wholly succeeded with the claim I must reimburse the filing fee.
Despite being wholly successful the landlord did not seek name suppression.

Tenancy Tribunal case 5546337 — Rent arrears at 56 Tutere Street, Waikanae Beach, Waikanae 5036

At a glance

Tenancy Tribunal case 5546337 — Rent arrears at 56 Tutere Street, Waikanae Beach, Waikanae 5036

At a glance

Award balance

Claims & awards

Order

ORDER

Reasons

Can the tenancy be terminated under section 55 of the Act?

Can the tenancy be terminated under section 56 of the Act?

How much is owed in rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

ORDER

Reasons

Can the tenancy be terminated under section 55 of the Act?

Can the tenancy be terminated under section 56 of the Act?

How much is owed in rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.