What was the outcome of Tenancy Tribunal case 4695209?

The tribunal order states: Antoinette Arai owes Te Toi Mahana $7,598.44 (“the debt”) calculated as shown

How much money was awarded in case 4695209?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,578.00 awarded to landlord

What type of tenancy dispute was case 4695209?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4695209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9933353-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4695209?

The tribunal order states: Antoinette Arai owes Te Toi Mahana $7,598.44 (“the debt”) calculated as shown

How much money was awarded in case 4695209?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,578.00 awarded to landlord

What type of tenancy dispute was case 4695209?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4695209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9933353-Tribunal_Order.pdf.

Unit/Flat F03, 148 Owen Street, Newtown, Wellington 6021, Tenancy Tribunal Case 4695209 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4695209 — net $7,598.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,578.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,598.44
Total payable by Tenant to Landlord	$7,598.44

Antoinette Arai owes Te Toi Mahana $7,598.44 (“the debt”) calculated as shown in the table below.

Antoinette Arai must pay rent and the debt as follows: a. By 151 weekly payments of $372.00, being $322.00 for rent and $50.00 for the debt. b. A final payment of $370.44, being $322.00 for rent and $48.44 for the debt. c. Payments will be every Wednesday, with the first payment on 14/02/2024 and continuing until 06/01/2027.

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

Where the tenant’s rent is increased during the period she is repaying the debt, the tenant must pay the remaining balance of the debt off at $50.00 per week in addition to the new weekly rental amount due.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat F03, 148 Owen Street, Newtown, Wellington 6021, Regent Park Apartments 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

Both parties attended the hearing.

The landlord applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.

The tenant wants to repay the debt to avoid immediate termination of her tenancy.

Should a conditional termination order be made?

The tenant started to get into rent arrears in August 2023 when Te Toi Mahana took over the role of landlord from Wellington City Council (“WCC”). The tenant had authorised payments to be made by WINZ Work and Income New Zealand (“WINZ”) directly to WCC. She notified WINZ of the change in landlord in August 2023 but no new no redirection was signed or completed to ensure that Te Toi Mahana would receive the rent directly from WINZ.

The rent was more than 21 days in arrears at the date of the landlord’s application to the Tribunal and continued to be in more than 21 days in arrears at the date of this hearing.

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

The landlord provided a current rent summary that proves the amount of rent arrears ordered and sought termination of the tenancy and possession.

The tenant provided email evidence that: a. She had been in contact with one of Te Toi Mahana’s Tenancy Advisor’s in November 2023 and January 2024, which she says resulted in the Tenancy Operations Manager authorising a repayment plan of $50.00 per week, on top of the tenant’s weekly rent of $322.00; b. She authorised Work and Income New Zealand (“WINZ”) to pay directly to Te Toi Mahana on 19 January 2024; and c. The first payment was made on 23 January 2024.

The tenant confirmed that the Tenancy Advisor had been assisting her to implement the repayment plan agreed to by Te Toi Mahana on 19 January 2024 and actioned by WINZ on 23 January 2024.

I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.

The conditional termination order will lapse if it is fully complied with. 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. Reimbursement of the filing fee

Because Te Toi Mahana has wholly succeeded with the claim, I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4695209 — net $7,598.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$7,578.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,598.44
Total payable by Tenant to Landlord	$7,598.44

Order

Antoinette Arai owes Te Toi Mahana $7,598.44 (“the debt”) calculated as shown in the table below.
Antoinette Arai must pay rent and the debt as follows: a. By 151 weekly payments of $372.00, being $322.00 for rent and $50.00 for the debt. b. A final payment of $370.44, being $322.00 for rent and $48.44 for the debt. c. Payments will be every Wednesday, with the first payment on 14/02/2024 and continuing until 06/01/2027.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
Where the tenant’s rent is increased during the period she is repaying the debt, the tenant must pay the remaining balance of the debt off at $50.00 per week in addition to the new weekly rental amount due.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat F03, 148 Owen Street, Newtown, Wellington 6021, Regent Park Apartments 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

Both parties attended the hearing.
The landlord applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
The tenant wants to repay the debt to avoid immediate termination of her tenancy.

Should a conditional termination order be made?

The tenant started to get into rent arrears in August 2023 when Te Toi Mahana took over the role of landlord from Wellington City Council (“WCC”). The tenant had authorised payments to be made by WINZ Work and Income New Zealand (“WINZ”) directly to WCC. She notified WINZ of the change in landlord in August 2023 but no new no redirection was signed or completed to ensure that Te Toi Mahana would receive the rent directly from WINZ.
The rent was more than 21 days in arrears at the date of the landlord’s application to the Tribunal and continued to be in more than 21 days in arrears at the date of this hearing.
Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
The landlord provided a current rent summary that proves the amount of rent arrears ordered and sought termination of the tenancy and possession.
The tenant provided email evidence that: a. She had been in contact with one of Te Toi Mahana’s Tenancy Advisor’s in November 2023 and January 2024, which she says resulted in the Tenancy Operations Manager authorising a repayment plan of $50.00 per week, on top of the tenant’s weekly rent of $322.00; b. She authorised Work and Income New Zealand (“WINZ”) to pay directly to Te Toi Mahana on 19 January 2024; and c. The first payment was made on 23 January 2024.
The tenant confirmed that the Tenancy Advisor had been assisting her to implement the repayment plan agreed to by Te Toi Mahana on 19 January 2024 and actioned by WINZ on 23 January 2024.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. 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. Reimbursement of the filing fee
Because Te Toi Mahana has wholly succeeded with the claim, I must reimburse the filing fee.

Tenancy Tribunal case 4695209 — Rent arrears at Unit/Flat F03, 148 Owen Street, Newtown, Wellington 6021,

At a glance

Tenancy Tribunal case 4695209 — Rent arrears at Unit/Flat F03, 148 Owen Street, Newtown, Wellington 6021,

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions