Tenantcheck Insights · Case study
Tenancy Tribunal case 5458092 — Rent arrears at 42 Flower Street, Bulls, Bulls 4818
Published 20 April 2026 · Application 5458092
Landlord favoured
- Rent arrears
- 14-day notice
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Bulls
Tribunal region
Adjudicator
N Bradley
Dispute themes
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Category | Amount | Awarded to | Reason |
|---|
Claim types — money lines allowed on this order
Order
- The application is dismissed.
Reasons
- Both parties attended the remote hearing.
- The landlord has applied for termination, rent arrears and reimbursement of the filing fee. The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). Termination for rent arrears - s 55 (1)(a) RTA
- The Tribunal shall make an order terminating the tenancy if satisfied that the rent was, at the date the application was filed, at least 21 days in arrears.
- However, The Tribunal may refuse to make a termination order for rent arrears if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach in respect of rent arrears. 1 1 See section 55 (2) RTA
- The application for termination was filed on 2 March 2026. Rent was at least 21 days in arrears for part of the day the application was filed, therefore s 55 (1)(a) RTA applies. 2
- The only discretion to not terminate the tenancy in these circumstances is where the rent arrears are paid in full as at the date of the hearing and the Tribunal is satisfied that it is unlikely that the tenant will fall into arrears again.
- The rent arrears had been paid in full by the tenant as at the hearing date and I am satisfied that the tenant will be able to meet the rent obligations moving forward. The tenant says he receives WINZ support and while his benefit was stopped without notice to him for a short period, this has now been rectified and he is now paying his rent. There have been significant periods over this long tenancy where the tenant has not been in arrears. I consider the tenant has clear notice that if he falls into rent arrears again, it is likely his tenancy will be at risk, which is a deterrence to further rent arrears. I am satisfied. that it is unlikely that the tenant will fall into arrears again. The application pursuant to s.55(1)(a) RTA is dismissed.
- Rent was in a small credit as at the hearing date. The tenant disputed the rent summary. The tenant did not identify any payment that he had made which has not been recorded in the rent summary. I have calculated the total amounts due and paid for the full tenancy and I find the rent summary is accurate. There is no rent arrears, therefore the application for rent arrears is dismissed. Termination for rent arrears – s 55 (1) (aa) and 56 RTA.
- The landlord only filed a claim for termination under s 55(1)(a) RTA.
- The landlord filed s 55 (1) (aa) RTA notices in support of the claim. Section 55 (1)(aa) RTA says the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that: (aa) the tenancy is a periodic tenancy and— (i) on 3 separate occasions within a 90-day period an amount of rent has been owing for at least 5 working days after the date on which it was due under the tenancy agreement; and (ii) on each occasion the landlord gave the tenant written notice advising the tenant of the overdue rent, the dates for which rent was overdue, the amount of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice (see sections 77(1) and 78(1)(a) regarding the Tribunal); and 2 Smith v Tautahi Porirua TT 720/95, 19 January 1996 (iii) each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and (iv) the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice...
- The application was required to be made within 28 days after the landlord gave the third notice. The landlord served the third notice on 28 January 2026. 28 days from that dated is 25 February 2026. The application was filed on 2 March 2026. The application also did not include a claim for termination under s 55 (1)(aa) RTA, however it is out of time in any event. Therefore I decline to terminate the tenancy pursuant to s 55 (1)(aa) RTA.
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable (unfair) to refuse to terminate. 3 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. The tenant breached their obligations by failing to pay the rent as and when it is due and payable under the tenancy agreement. 4 In this case the landlord did not file the claim under this provision, therefore I have not considered whether there are grounds to terminate pursuant to s 56 RTA. The landlord did not file a 14-day notice for rent arrears in support of the claim in any event. Outcome
- The application for termination is dismissed.
- The landlord has been unsuccessful in the claim; therefore, I decline to order reimbursement of the filing fee. On my enquiry, neither party applied for name suppression.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s25, s40, s4818, s55, s55(1), s56, s56(1), s77(1)
Key findings
- Dispute theme: rent arrears
- Dispute theme: termination 14day
- Dispute theme: filing fee
Property management
- PROPERTY BROKERS LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5458092?
The tribunal order states: The application is dismissed.
How much money was awarded in case 5458092?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5458092?
The primary dispute was Rent arrears. Related themes: 14-day notice.
Where can I read the official tribunal order for case 5458092?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13468502-Tenancy_Tribunal_Order.pdf.