What was the outcome of Tenancy Tribunal case 4702670?

The tribunal order states: Senbeto Bulla owes Te Toi Mahana $1,528.60 (“the debt”), being rent arrears to

How much money was awarded in case 4702670?

First Payment On Monday 4 December 2…: $1,528.60 awarded to landlord

What type of tenancy dispute was case 4702670?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4702670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9689320-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4702670?

The tribunal order states: Senbeto Bulla owes Te Toi Mahana $1,528.60 (“the debt”), being rent arrears to

How much money was awarded in case 4702670?

First Payment On Monday 4 December 2…: $1,528.60 awarded to landlord

What type of tenancy dispute was case 4702670?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4702670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9689320-Tenancy_Tribunal_Order.pdf.

Unit/Flat 802, 46 Nairn Street, Mount Cook, Wellington Tenancy Tribunal Case 4702670 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4702670. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
first payment on Monday 4 December 2023 and continuing every Monday thereafter until the debt is paid. b. A final paymen	$1,528.60		first payment on Monday 4 December 2023 and continuing every Monday thereafter until the debt is paid. b. A final paymen

Senbeto Bulla owes Te Toi Mahana $1,528.60 (“the debt”), being rent arrears to Sunday 3 December 2023.

Senbeto Bulla must pay rent and the debt as follows: a. By weekly payments of $283.50, being current rent. Payments will be every Monday, with the first payment on Monday 4 December 2023 and continuing every Monday thereafter until the debt is paid. b. A final payment of $1,528.60 1 to clear all rent arrears, to be paid no later than Monday 15 January 2024.

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 Unit/Flat 802, 46 Nairn Street, Mount Cook, Wellington 6011, Berkeley Dallard Flats will terminate and the landlord will have immediate possession of the premises. 1 A weekly payment of rent is expected overnight. The arrears will reduce accordingly if received. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing, conducted via teleconference. Ms Kassandra Stephenson represented the landlord.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

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.

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 landlord provided an up-to-date rent summary. The rent was more than 21 days in arrears on the date of application.

The history behind the rent arrears here is not straight-forward. The current landlord was effective 1 August 2023 after the tenancy transferred from the City Housing unit of Wellington City Council. The rent has a standard subsidy of 30% applied but also had a temporary additional discount. This was a one-year discount that expired in April 2023. After that date the rent reverted to the previous weekly amount unless renewed. The tenant continued to pay the lower, double discounted rent. The rent arrears grew from there.

The tenant is now paying current rent as due. It was increased from 6 November 2023.

I accept the communication from the landlord at that time may have been confusing to the tenant but I am satisfied he has had the opportunity to seek a continuation or renewal of the additional discount with the current landlord. This would have been backdated and significantly reduced the rent arrears if approved. However, the tenant did not meet the criteria. Such a discount is at the discretion of the landlord. I have no grounds to revisit that determination.

The best way to repay the rent arrears was discussed. The tenant’s preference was for it to be cleared as a lump sum rather than time-based repayment. This will more than likely require some assistance from WINZ and the extended date for the rent arrears payment reflects that.

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.

Claims and awards in Tenancy Tribunal application 4702670. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
first payment on Monday 4 December 2023 and continuing every Monday thereafter until the debt is paid. b. A final paymen	$1,528.60		first payment on Monday 4 December 2023 and continuing every Monday thereafter until the debt is paid. b. A final paymen

Order

Senbeto Bulla owes Te Toi Mahana $1,528.60 (“the debt”), being rent arrears to Sunday 3 December 2023.
Senbeto Bulla must pay rent and the debt as follows: a. By weekly payments of $283.50, being current rent. Payments will be every Monday, with the first payment on Monday 4 December 2023 and continuing every Monday thereafter until the debt is paid. b. A final payment of $1,528.60 1 to clear all rent arrears, to be paid no later than Monday 15 January 2024.
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 Unit/Flat 802, 46 Nairn Street, Mount Cook, Wellington 6011, Berkeley Dallard Flats will terminate and the landlord will have immediate possession of the premises. 1 A weekly payment of rent is expected overnight. The arrears will reduce accordingly if received. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing, conducted via teleconference. Ms Kassandra Stephenson represented the landlord.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

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.
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 landlord provided an up-to-date rent summary. The rent was more than 21 days in arrears on the date of application.
The history behind the rent arrears here is not straight-forward. The current landlord was effective 1 August 2023 after the tenancy transferred from the City Housing unit of Wellington City Council. The rent has a standard subsidy of 30% applied but also had a temporary additional discount. This was a one-year discount that expired in April 2023. After that date the rent reverted to the previous weekly amount unless renewed. The tenant continued to pay the lower, double discounted rent. The rent arrears grew from there.
The tenant is now paying current rent as due. It was increased from 6 November 2023.
I accept the communication from the landlord at that time may have been confusing to the tenant but I am satisfied he has had the opportunity to seek a continuation or renewal of the additional discount with the current landlord. This would have been backdated and significantly reduced the rent arrears if approved. However, the tenant did not meet the criteria. Such a discount is at the discretion of the landlord. I have no grounds to revisit that determination.
The best way to repay the rent arrears was discussed. The tenant’s preference was for it to be cleared as a lump sum rather than time-based repayment. This will more than likely require some assistance from WINZ and the extended date for the rent arrears payment reflects that.
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.

Tenancy Tribunal case 4702670 — Rent arrears at Unit/Flat 802, 46 Nairn Street, Mount Cook, Wellington

At a glance

Tenancy Tribunal case 4702670 — Rent arrears at Unit/Flat 802, 46 Nairn Street, Mount Cook, Wellington

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions