What was the outcome of Tenancy Tribunal case 5129110?

The tribunal order states: Theresa Katene-Nuku owes The Rent Shop Limited $869.86 (“the debt”),

How much money was awarded in case 5129110?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $842.86 awarded to landlord

What type of tenancy dispute was case 5129110?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5129110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11756780-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5129110?

The tribunal order states: Theresa Katene-Nuku owes The Rent Shop Limited $869.86 (“the debt”),

How much money was awarded in case 5129110?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $842.86 awarded to landlord

What type of tenancy dispute was case 5129110?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5129110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11756780-Tenancy_Tribunal_Order.pdf.

34 Rosendale Avenue, Spotswood, New Plymouth 4310 Tenancy Tribunal Case 5129110 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5129110 — net $869.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 17/04/2025	$842.86	Rent arrears as at 17/04/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$869.86
Total payable by Tenant to Landlord	$869.86

Theresa Katene-Nuku owes The Rent Shop Limited $869.86 (“the debt”), calculated in the table below:

Theresa Katene-Nuku must pay weekly rent of $400.00 when it falls due.

Theresa Katene-Nuku must pay the debt of $869.68 in full by 5pm on Tuesday 27 May 2025.

Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 34 Rosendale Avenue, Spotswood, New Plymouth 4310 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

The landlord attended the hearing which was held by teleconference on 17 April 2025. The tenant did not attend. The Tribunal attempted to contact the tenant using contact number provided but was unsuccessful. I was satisfied that adequate service of the hearing notice had been completed.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

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. See section 56(1) Residential Tenancies Act 1986.

The tenant breached their obligations by failing to pay rent when it fell due. On 7 January 2025 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period.

The application was filed on 11 January 2025. At that time, the amount of rent arrears owing was $1,000.00. As at the date of the hearing, the landlord provided an updated rent summary showing rent arrears of $842.86. I am satisfied that the rent summary is accurate and that the arrears remain outstanding.

The landlord submitted that the tenant has a persistent history of rent arrears, requiring the landlord to issue multiple 14-day notices to remedy. While there were occasional reductions in the arrears, the tenant consistently fell back into non-compliance. Despite the opportunity to attend the hearing and address the issues, the tenant failed to do so, providing no explanation or proposal for resolving the ongoing breach. The tenant’s failure to engage further indicates a lack of commitment to rectifying their obligations.

Section 56(2) RTA provides that the Tribunal may make a termination order if the breach is of such a nature or extent that it would be inequitable to refuse termination. In this case, the ongoing and repeated breaches, despite previous warnings and notices, justify termination. The Tribunal must balance the interests of both parties, and the landlord should not be expected to tolerate continued breaches without remedy.

Nevertheless, despite the tenant’s absence, the landlord has demonstrated goodwill by proposing a final opportunity for the tenant to remedy the breach. Specifically, the landlord is willing to allow the tenant until 27 May 2025 to pay the debt in full. I accept this as a fair and reasonable outcome in the circumstances and have therefore made a conditional termination order under section 78(3) RTA.

If the tenant fully complies by paying weekly rent when it falls due and the debt by 27 May 2025, the termination order will lapse. However, if the tenant fails to comply, the tenancy will terminate, and the landlord may enforce possession within 90 days of the first breach, in accordance with section 64(4)(b) RTA.

As the landlord has been wholly successful in the application, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5129110 — net $869.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 17/04/2025	$842.86	Rent arrears as at 17/04/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$869.86
Total payable by Tenant to Landlord	$869.86

Order

Theresa Katene-Nuku owes The Rent Shop Limited $869.86 (“the debt”), calculated in the table below:
Theresa Katene-Nuku must pay weekly rent of $400.00 when it falls due.
Theresa Katene-Nuku must pay the debt of $869.68 in full by 5pm on Tuesday 27 May 2025.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 34 Rosendale Avenue, Spotswood, New Plymouth 4310 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

The landlord attended the hearing which was held by teleconference on 17 April 2025. The tenant did not attend. The Tribunal attempted to contact the tenant using contact number provided but was unsuccessful. I was satisfied that adequate service of the hearing notice had been completed.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

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. See section 56(1) Residential Tenancies Act 1986.
The tenant breached their obligations by failing to pay rent when it fell due. On 7 January 2025 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period.
The application was filed on 11 January 2025. At that time, the amount of rent arrears owing was $1,000.00. As at the date of the hearing, the landlord provided an updated rent summary showing rent arrears of $842.86. I am satisfied that the rent summary is accurate and that the arrears remain outstanding.
The landlord submitted that the tenant has a persistent history of rent arrears, requiring the landlord to issue multiple 14-day notices to remedy. While there were occasional reductions in the arrears, the tenant consistently fell back into non-compliance. Despite the opportunity to attend the hearing and address the issues, the tenant failed to do so, providing no explanation or proposal for resolving the ongoing breach. The tenant’s failure to engage further indicates a lack of commitment to rectifying their obligations.
Section 56(2) RTA provides that the Tribunal may make a termination order if the breach is of such a nature or extent that it would be inequitable to refuse termination. In this case, the ongoing and repeated breaches, despite previous warnings and notices, justify termination. The Tribunal must balance the interests of both parties, and the landlord should not be expected to tolerate continued breaches without remedy.
Nevertheless, despite the tenant’s absence, the landlord has demonstrated goodwill by proposing a final opportunity for the tenant to remedy the breach. Specifically, the landlord is willing to allow the tenant until 27 May 2025 to pay the debt in full. I accept this as a fair and reasonable outcome in the circumstances and have therefore made a conditional termination order under section 78(3) RTA.
If the tenant fully complies by paying weekly rent when it falls due and the debt by 27 May 2025, the termination order will lapse. However, if the tenant fails to comply, the tenancy will terminate, and the landlord may enforce possession within 90 days of the first breach, in accordance with section 64(4)(b) RTA.
As the landlord has been wholly successful in the application, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5129110 — Rent arrears at 34 Rosendale Avenue, Spotswood, New Plymouth 4310

At a glance

Tenancy Tribunal case 5129110 — Rent arrears at 34 Rosendale Avenue, Spotswood, New Plymouth 4310

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions