Tenancy Tribunal Orders Tenant to Pay Arrears and Terminate Lease Conditionally

OUTCOME: Allowed

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[2026] NZTT 5496216

TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] owes [NAME] [RESPONDENT] As Agent For [NAME] $1,449.00 (“the debt”) as shown in the table below:

Description Landlord Rent arrears (to 10 June 2026) $1,421.00 Filing fee reimbursement $28.00 Total award $1,449.00 Total payable by Tenant to Landlord $1,449.00

2. [RESPONDENT] must pay rent and the debt as follows:

a. Payment of $2,098.00, being $649.00 for current rent and $1,449.00 for the debt on or before Friday 12 June 2026.

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

4. If the tenant fails to pay rent and rent arrears by Friday 12 June 2026:

a. The tenancy at [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.

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b. The balance of the debt will be payable immediately.

5. If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

6. If the tenant does pay $2,098.00 on or before Friday 12 June 2026, the parties are to notify the Tribunal, and the file will be returned to me for scheduling a further hearing in relation to compensation and/or work orders for the breaches of the tenant obligations.

Reasons:

1. Both parties attended the hearing.

2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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

4. 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.

5. The tenant has breached their obligations under the RTA by failing to pay rent in full as it falls due, failing to keep the premises reasonably clean and tidy, causing damage that is more than fair wear and tear. The tenant has also breached her obligations under the Tenancy Agreement by keeping a cat at the premises without consent.

6. The landlord served four 14-day notices on the tenant: one in respect of each breach, and the tenant did not remedy any of the breaches within the required period. The landlord provided photographs, emails, text messages and evidence of the rent payments to establish each breach, in summary:

a. By the date of the date of the hearing rent was $1,421.00 (15 days in arrears). The tenant has been paying $530 per week since 20 April, instead of the full weekly rent of $649.00. The tenant claimed that she was unaware of the arrears, notwithstanding this application, the 14-day Notice

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and other communication from the landlord. She said that the arrears were caused by a failure or issue with WINZ and could be rectified by the end of this week. The tenant is liable for the rent, not WINZ. She could and should have resolved this issue before the hearing.

b. The landlord provided evidence from routine inspection which shows that the premises are not reasonably clean and tidy. The tenant asserted that the landlord is too fussy and critical. I do not accept that assertion. The photographs show that additional cleaning is required, particularly in the bathroom and kitchen.

c. The landlord also provided evidence of a partially repaired windowsill that has had “bog” filler applied put remains unpainted.

d. The tenant acknowledges that she has a pet at the premises, and that she has not sought approval from the landlord. The landlord says the smell for unhygienic, uncleaned kitty litter trays is overpowering. The tenant says that she will re-home the cat if the tenancy is allowed to continue.

7. The landlord also provided evidence of the tenant repeatedly rescheduling inspections and making access difficult. The tenant is reminded that a landlord may enter the premises during the tenancy with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.

8. If a tenant refuses access, after proper notice has been given and without reasonable excuse, they may be liable for exemplary damages up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A Residential Tenancies Act 1986.

9. Each breach is relatively modest or minor. None of the issues or breaches on their own satisfy me that it would be inequitable to refuse to terminate the tenancy.

10. However, the cumulative effect of the breaches, coupled with the tenant’s repeated rescheduling of inspections and refusal to allow access leads me to the conclusion that it is equitable to terminate the tenancy if the rent arrears and current rent are not paid on or before this Friday, 12 June 2026. See section 78(3) Residential Tenancies Act 1986.

11. If the tenant does not pay the arrears and current rent this Friday, the tenancy will terminate immediately, and this application will be at an end.

12. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

13. If the tenant does pay $2,098.00 on or before Friday 12 June 2026, the parties are to notify the Tribunal, and the file will be returned to me for scheduling a

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further hearing in relation to compensation and/or work orders for the breaches of the tenant obligations.

[APPELLANT]

09 June 2026

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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: