What was Tenancy Tribunal case 4722249 about?

The tribunal order states: This order replaces the orders dated 18 December 2023 and 20 December

How much money was awarded in case 4722249?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4722249?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4722249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9915283-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4722249 about?

The tribunal order states: This order replaces the orders dated 18 December 2023 and 20 December

How much money was awarded in case 4722249?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4722249?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4722249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9915283-Tribunal_Order_Redacted.pdf.

Unit/Flat 4, 9 Norman Spencer Drive, Papatoetoe, Auckland Tenancy Tribunal Case 4722249 — Rent arrears

Order

This order replaces the orders dated 18 December 2023 and 20 December 2023. Those previous two orders cannot be enforced.
The application for rehearing is dismissed.
Trinity Tanga and Tori Mii Tanga must pay weekly rent of $520.00 before 5:00pm on Wednesday 7 February 2024. If the tenants fail to make this payment on time, the tenancy will terminate immediately, and the landlord will be entitled to immediate possession of the premises.
The tenancy of Trinity Tanga and Tori Mii Tanga at Unit/Flat 4, 9 Norman Spencer Drive, Papatoetoe, Auckland 2104 is terminated, and possession is granted to [The landlord/s], at 5:00pm on Tuesday 13 February 2024.
Trinity Tanga and Tori Mii Tanga must pay [The landlord/s] $20.44 for the filing fee immediately.

Reasons

Three representatives for the landlord, both tenants, and a representative and advocate for the tenants attended the telephone hearing on 1 February 2024.
This was a hearing to consider a rehearing application made by the tenants after an order was made on 18 December 2023 to terminate the tenancy.
The first order was made because the rent was more than 21 days in arrears and the Tribunal and landlord were not confident that the tenants would be able to repay the debt owing and not fall behind with the rent again.
The tenants applied for a rehearing because they said:- a. They did not know they could have a support person at the first hearing, b. The landlord did not give them the correct arrears information so they could not pay the full amount and the lack of information caused a delay in setting up a rent redirection, and c. They were not given enough time before the tenancy ended.
There was a long discussion about rent payments, the landlord’s applications to the Tribunal and to the civil enforcement team (bailiffs), and the tenants’ efforts to repay the arrears and set up rent redirections.
After listening to the discussion, and looking at the documents provided by everyone, my answers to the above reasons for a rehearing above, are:- a. The tenants had a support person and representative today. I understand that it might have helped them to have this person with them at the first hearing however there is no “right” to a support person or to a representative. The tenants both spoke at the first hearing and were clear in explaining their situation. They did not ask for help or say that they did not understand what was happening. I am satisfied that they were listened to fairly at the first hearing. The fact that they did not have a support person is not a reason to grant a new hearing now. b. The discussion at this hearing was mostly about what had happened after my first and second orders were made (on 18 and 20 December 2023). These events are not relevant to whether a rehearing should be granted. None of the evidence or discussion shows that anything unfair happened before the first order was made. The main problem then was that the rent had been in arrears for a long time (since 11 October 2023) and had not been caught up and that the tenants were not sure about their ongoing income so future rent payments may also have been difficult. c. The first order allowed two weeks and 3 days until the tenancy was to terminate. The date agreed to with the tenants in the first hearing was 3 January 2024. If rent is more than 21 days in arrears, then it is common for a termination date to be set within a short period of time. This is not a reason to grant a rehearing.
I have dismissed the application for a rehearing for the above reasons.
This means that I have no power to change the order to terminate the tenancy unless the landlord agrees.
The landlord does not agree to give the tenants another chance. The landlord says that it has tried for months to explain to the tenants that all rent payments and arrears payments have been recorded correctly and that the rent is still being paid behind rather than a week in advance, as it is supposed to be.
I have checked the evidence from both parties and the landlord’s rent summary is correct.
The landlord agrees to a final termination date of Tuesday 13 February 2024. I have made this order. The tenants must keep paying weekly rent until then.
I have not made a rent arrears decision today because the final amount owing (if any) will not be known until the termination date. The bond remains at the Bond Centre.
The tenants are required to pay the filing fee.
This order replaces all previous orders, and the previous orders cannot be enforced.
This outcome is very upsetting for the tenants who feel that they have tried their best recently to pay the arrears and the weekly rent. However, the problems paying rent earlier in the tenancy means that the landlord has been under stress and has lost confidence for the future.
I wish all parties the best in this difficult situation.

Order

This order replaces the orders dated 18 December 2023 and 20 December 2023. Those previous two orders cannot be enforced.
The application for rehearing is dismissed.
Trinity Tanga and Tori Mii Tanga must pay weekly rent of $520.00 before 5:00pm on Wednesday 7 February 2024. If the tenants fail to make this payment on time, the tenancy will terminate immediately, and the landlord will be entitled to immediate possession of the premises.
The tenancy of Trinity Tanga and Tori Mii Tanga at Unit/Flat 4, 9 Norman Spencer Drive, Papatoetoe, Auckland 2104 is terminated, and possession is granted to [The landlord/s], at 5:00pm on Tuesday 13 February 2024.
Trinity Tanga and Tori Mii Tanga must pay [The landlord/s] $20.44 for the filing fee immediately.

Reasons

Three representatives for the landlord, both tenants, and a representative and advocate for the tenants attended the telephone hearing on 1 February 2024.
This was a hearing to consider a rehearing application made by the tenants after an order was made on 18 December 2023 to terminate the tenancy.
The first order was made because the rent was more than 21 days in arrears and the Tribunal and landlord were not confident that the tenants would be able to repay the debt owing and not fall behind with the rent again.
The tenants applied for a rehearing because they said:- a. They did not know they could have a support person at the first hearing, b. The landlord did not give them the correct arrears information so they could not pay the full amount and the lack of information caused a delay in setting up a rent redirection, and c. They were not given enough time before the tenancy ended.
There was a long discussion about rent payments, the landlord’s applications to the Tribunal and to the civil enforcement team (bailiffs), and the tenants’ efforts to repay the arrears and set up rent redirections.
After listening to the discussion, and looking at the documents provided by everyone, my answers to the above reasons for a rehearing above, are:- a. The tenants had a support person and representative today. I understand that it might have helped them to have this person with them at the first hearing however there is no “right” to a support person or to a representative. The tenants both spoke at the first hearing and were clear in explaining their situation. They did not ask for help or say that they did not understand what was happening. I am satisfied that they were listened to fairly at the first hearing. The fact that they did not have a support person is not a reason to grant a new hearing now. b. The discussion at this hearing was mostly about what had happened after my first and second orders were made (on 18 and 20 December 2023). These events are not relevant to whether a rehearing should be granted. None of the evidence or discussion shows that anything unfair happened before the first order was made. The main problem then was that the rent had been in arrears for a long time (since 11 October 2023) and had not been caught up and that the tenants were not sure about their ongoing income so future rent payments may also have been difficult. c. The first order allowed two weeks and 3 days until the tenancy was to terminate. The date agreed to with the tenants in the first hearing was 3 January 2024. If rent is more than 21 days in arrears, then it is common for a termination date to be set within a short period of time. This is not a reason to grant a rehearing.
I have dismissed the application for a rehearing for the above reasons.
This means that I have no power to change the order to terminate the tenancy unless the landlord agrees.
The landlord does not agree to give the tenants another chance. The landlord says that it has tried for months to explain to the tenants that all rent payments and arrears payments have been recorded correctly and that the rent is still being paid behind rather than a week in advance, as it is supposed to be.
I have checked the evidence from both parties and the landlord’s rent summary is correct.
The landlord agrees to a final termination date of Tuesday 13 February 2024. I have made this order. The tenants must keep paying weekly rent until then.
I have not made a rent arrears decision today because the final amount owing (if any) will not be known until the termination date. The bond remains at the Bond Centre.
The tenants are required to pay the filing fee.
This order replaces all previous orders, and the previous orders cannot be enforced.
This outcome is very upsetting for the tenants who feel that they have tried their best recently to pay the arrears and the weekly rent. However, the problems paying rent earlier in the tenancy means that the landlord has been under stress and has lost confidence for the future.
I wish all parties the best in this difficult situation.

Tenancy Tribunal case 4722249 — Rent arrears at Unit/Flat 4, 9 Norman Spencer Drive, Papatoetoe, Auckland

At a glance

Tenancy Tribunal case 4722249 — Rent arrears at Unit/Flat 4, 9 Norman Spencer Drive, Papatoetoe, Auckland

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions