What was Tenancy Tribunal case 4809419 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $4,176.00 (“the debt”) for rent arrears as

How much money was awarded in case 4809419?

Rent Arrears: $4,176.00 awarded to landlord

What type of tenancy dispute was case 4809419?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4809419?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10227777-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4809419 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $4,176.00 (“the debt”) for rent arrears as

How much money was awarded in case 4809419?

Rent Arrears: $4,176.00 awarded to landlord

What type of tenancy dispute was case 4809419?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4809419?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10227777-Tribunal_Order_Redacted.pdf.

Unit/Flat D, 20 Torrington Crescent, Glen Innes, Auckland Tenancy Tribunal Case 4809419 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4809419 — net $4,176.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,176.00	Rent arrears
Net award	$4,176.00
Total payable by Tenant to Landlord	$4,176.00

[The tenant/s] owes [The landlord/s] $4,176.00 (“the debt”) for rent arrears as set out below: DescriptionLandlord Rent arrears$4,176.00 Total award$4,176.00 Total payable by Tenant to Landlord$4,176.00

[The tenant/s] must pay rent and the debt as follows: a. By 208 weekly payments of $334.00, being $314.00 for rent and $20.00 for the debt. b. A final payment of $330.00, being $314.00 for rent and $16.00 for the debt. c. Payments will be every Wednesday, with the first payment on 24/04/2024 and continuing until 19/04/2028.

Payments will be allocated in the following order: rent then rent arrears.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat D, 20 Torrington Crescent, Glen Innes, Auckland 1072 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.

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.

The tenant has been in discussions with the landlord prior to this hearing. The landlord acknowledges that the tenant has been making payments of $334.00 towards the rent and arrears for some time. The amount of rent arrears as of 18 April 2024 is $4176.00.

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. Suppression for tenant and landlord

The landlord sought suppression of their name and details at the time of filing their application with the Tribunal. I am granting suppression for the landlord as they have been successful with their application.

The landlord was not opposed to the granting of suppression of the tenant’s name and details, given that she is working with them to resolve the arrears and have been making additional payments weekly for rent and the arrears.

The tenant has also sought assistance from WINZ and has filed an application with her Kiwi Saver provider for funds to pay the rent arrears in a lump sum.

The tenant is genuinely seeking to stay in the home that she had been in since 2016 and is working full time to provide for herself and her 5 children. I was impressed with the tenant’s commitment to working with the landlord and addressing the rent arrears.

The arrears came about largely because the tenant began full time employment, and she was assessed as being able to afford market rental. Her rent went from $174 per week to $830 per week. She was subsequently reassessed, and she is now paying significantly less, but the arrears grew through that time due to limited financial ability to be the primary provider for herself and her children.

I am granting suppression to the tenant also given the circumstances as set out above.

Claims and awards in Tenancy Tribunal application 4809419 — net $4,176.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,176.00	Rent arrears
Net award	$4,176.00
Total payable by Tenant to Landlord	$4,176.00

Order

[The tenant/s] owes [The landlord/s] $4,176.00 (“the debt”) for rent arrears as set out below: DescriptionLandlord Rent arrears$4,176.00 Total award$4,176.00 Total payable by Tenant to Landlord$4,176.00
[The tenant/s] must pay rent and the debt as follows: a. By 208 weekly payments of $334.00, being $314.00 for rent and $20.00 for the debt. b. A final payment of $330.00, being $314.00 for rent and $16.00 for the debt. c. Payments will be every Wednesday, with the first payment on 24/04/2024 and continuing until 19/04/2028.
Payments will be allocated in the following order: rent then rent arrears.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat D, 20 Torrington Crescent, Glen Innes, Auckland 1072 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.
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.
The tenant has been in discussions with the landlord prior to this hearing. The landlord acknowledges that the tenant has been making payments of $334.00 towards the rent and arrears for some time. The amount of rent arrears as of 18 April 2024 is $4176.00.
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. Suppression for tenant and landlord
The landlord sought suppression of their name and details at the time of filing their application with the Tribunal. I am granting suppression for the landlord as they have been successful with their application.
The landlord was not opposed to the granting of suppression of the tenant’s name and details, given that she is working with them to resolve the arrears and have been making additional payments weekly for rent and the arrears.
The tenant has also sought assistance from WINZ and has filed an application with her Kiwi Saver provider for funds to pay the rent arrears in a lump sum.
The tenant is genuinely seeking to stay in the home that she had been in since 2016 and is working full time to provide for herself and her 5 children. I was impressed with the tenant’s commitment to working with the landlord and addressing the rent arrears.
The arrears came about largely because the tenant began full time employment, and she was assessed as being able to afford market rental. Her rent went from $174 per week to $830 per week. She was subsequently reassessed, and she is now paying significantly less, but the arrears grew through that time due to limited financial ability to be the primary provider for herself and her children.
I am granting suppression to the tenant also given the circumstances as set out above.

Tenancy Tribunal case 4809419 — Rent arrears at Unit/Flat D, 20 Torrington Crescent, Glen Innes, Auckland

At a glance

Tenancy Tribunal case 4809419 — Rent arrears at Unit/Flat D, 20 Torrington Crescent, Glen Innes, Auckland

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