Published tribunal order
Tenancy Tribunal case 5427533 — Rent arrears at 2/536 State Highway 51, Awatoto, Hawkes Bay 4110
Decided 25 February 2026 · Published 25 February 2026 · Application 5427533
Landlord favoured
- Rent arrears
Order
- Michelle Gray owes Shayne Govsky as the agent for Turu Pounamu Investment Ltd $4,128.00 (“the debt”).
- Michelle Gray must pay rent and the debt as follows: a. Payment of $400.00 for rent by 5pm on Wednesday 25 February 2026, and b. Payment of $4,128.00 for the debt by 5pm on Friday 27 February 2026.
- Payments will be allocated in the following order: rent, rent arrears, bond, and the filing fee.
- If the tenant fails to pay the debt in order 2 within 1 working day of the due dates: a. The tenancy at 2/536 State Highway 51, Awatoto, Hawkes Bay 4110 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The landlord must provide a fully completed and signed Healthy Homes compliance statement and insurance statement to the tenant, by hand delivery to the premises and email, no later than 10am on Monday 9 March 2026.
- The application is determined by the orders above and the file closed.
- If the landlord does not comply with order 5, the tenant can make her own application to the Tribunal with accompanying evidence.
Reasons
- The agent for the landlord and the tenant both attended the hearing held remotely on 24 February 2026.
- The landlord has applied for termination of the tenancy and payment of rent arrears. Rent records have provided.
- The tenant agrees she owes rent and has not yet paid the bond. She said the property has issues and she has been cleaning it up.
- The landlord’s rent ledger is incorrect, but the tenant accepts she has paid a total of $1,100.00 for rent. This means she owes $2,500.00 up to 24 February 2026 and $1,600.00 for the bond.
- I note that the tenancy agreement provided by the landlord does not include the mandatory Healthy Homes compliance statement or insurance statement.
- The tenancy agreement has not been signed by the tenant. The tenant says she has not received it because her email inbox was full.
Should the tenancy be terminated immediately?
- The landlord wants the tenancy terminated immediately because of the money owing.
- Usually, the Tribunal must terminate a tenancy where rent is at least 21 days in arrears on the date the application was filed or on the hearing date. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- However, if the tenant raises issues which are serious enough to potentially reduce the rent owing, the Tribunal should take these into account.
- The completion of Healthy Homes compliance information is mandatory and important. See section 13A Residential Tenancies Act 1986 (RTA).
- It is not acceptable to give a tenant a blank statement. This is because a tenant cannot know what they are contracting for if they are not given the information.
- The tenant described issues with the property including that it didn’t have an extractor fan in the bathroom, was dirty when she moved in, and has cracked flooring. She did not have any photos.
- The landlord says it is too difficult to install an extractor fan in the bathroom and that the property has a flat roof and a concrete floor so cannot have insulation. He disputes the tenant’s cleanliness claim and says she has not raised any repair issues with him.
- I have decided that the failure by the landlord to provide a completed or signed Healthy Homes compliance statement and insurance statement combined with the information about the insulation and bathroom fan means it is unfair to terminate the tenancy immediately. 1
- Instead, I have made a conditional termination order which requires the tenant to pay this week’s rent ($400.00), and the full amount of rent owing and unpaid bond, if the tenancy is to continue.
- The tenant must also pay the filing fee.
- Payment of the rent owing, bond, and filing fee is due by 5pm on Friday 27 February 2026. This is $4,128.00.
- The conditional termination order will lapse and the tenancy will continue if all payments are made on time. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Landlord to provide tenant with compliance statements
- I said I would require the landlord to provide the compliance statements and adjourn the hearing.
- I have decided the landlord must provide these to the tenant, fully completed (including explaining why any exemption applies). If the landlord has not done so by the date required, the tenant is able to make her own application to the Tribunal. 1 This is because the breaches by the landlord act as an equitable set-off against the breaches by the tenant. Suppression of names
- Both parties have breached the RTA. No suppression orders apply.