What was Tenancy Tribunal case 4857721 about?

The tribunal order states: The tenancy of [The tenant/s] at 19 Rongomai Road, Otara, Auckland 2023 is

How much money was awarded in case 4857721?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,886.72 awarded to landlord

What type of tenancy dispute was case 4857721?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4857721?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10485513-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4857721 about?

The tribunal order states: The tenancy of [The tenant/s] at 19 Rongomai Road, Otara, Auckland 2023 is

How much money was awarded in case 4857721?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,886.72 awarded to landlord

What type of tenancy dispute was case 4857721?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4857721?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10485513-Tribunal_Order_Redacted.pdf.

19 Rongomai Road, Otara, Auckland 2023 Tenancy Tribunal Case 4857721 — Rent arrears

Claims and awards in Tenancy Tribunal application 4857721 — net $2,907.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/6/24	$2,886.72	Rent arrears to 24/6/24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,907.16
Total payable by Tenant to Landlord	$2,907.16

Order

The tenancy of [The tenant/s] at 19 Rongomai Road, Otara, Auckland 2023 is terminated, and possession is granted to [The landlord/s], at 11:59pm on Saturday 31 August 2024.
[The tenant/s] owes [The landlord/s] $2,907.16 (“the debt”) in accordance with the following table:
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $680.00, being $580.00 for rent and $100.00 for the debt. b. Payments will be every Monday, with the first payment on 24/06/2024 and continuing until 13/01/2025.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenants fail to pay rent and rent arrears within 2 working days of the due dates prior to the tenancy ending on 31 August 2024: a. The tenancy at 19 Rongomai Road, Otara, Auckland 2023 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenants fail 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’s representative/s] represented the landlord; [The tenant/s] represented the tenants.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed and is still in excess of that at the date of hearing.
[The tenant/s] seeks a conditional termination order as she wants one further opportunity to pay the debt. She says she will set up a direct debit to pay off the debt and they can afford the rent. She says things are different now than they were as she has spoken to her family and her church about the situation, and they will support her.
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. A conditional termination order can only be made if I can be satisfied that the debt will be paid and the rent arrears will not accrue in such a way again.
[The landlord’s representative/s] says that unfortunately he cannot be satisfied that this situation will not recur. He says they have been exceptionally understanding and patient with the tenants but the situation has now gone on for so long that the owner is in a dire financial situation. He explains that in the past they have written off arrears, allowed [The tenant/s] to change the tenancy agreement, not enforced a conditional termination mediators order and tried to work with the tenants as much as possible. However, he says there have been times the tenants have not communicated with him and a recent example of this is when no one attended the mediation.
As discussed at the hearing, I have the utmost sympathy for [The tenant/s]. It appears she is carrying her family and her burden is heavy. She has bravely and commendably now discussed the situation with her family and church which I understand was very difficult to do. I also appreciate it was very hard and stressful to attend today’s hearing, but it is good that she has done so otherwise the outcome would have been much worse for her.
However, the situation is that this family has been in arrears for a number of years. In fact, there is no evidence they have ever been up to date with their payments. This is an unfair burden for the landlord to carry.
I cannot be satisfied on the evidence before me that the tenants will not fall into arrears again, even if they are able to pay off the current high debt. The action discussed today should have been taken earlier. Accordingly, I have no choice but to terminate the tenancy, 1 which I do with regret.
To give the tenants some time to find a new home an arrangement has been agreed that they may have two months to do so (until 31 August) unless they agree to an earlier end. This lengthy period will only occur on the condition that in the meantime the tenants pay their rent and a weekly contribution of $100 towards the debt. Should they miss any of these payments the landlord can terminate the tenancy earlier.
Accordingly, I make a final termination order with a conditional termination order to cover the period until the final date.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
Because [The tenant/s] attended the hearing and was forthcoming and honest, I do not consider it in the public interest that her details be published. Accordingly, I direct suppression orders for both parties’ identifying details.

Claims and awards in Tenancy Tribunal application 4857721 — net $2,907.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/6/24	$2,886.72	Rent arrears to 24/6/24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,907.16
Total payable by Tenant to Landlord	$2,907.16

Order

The tenancy of [The tenant/s] at 19 Rongomai Road, Otara, Auckland 2023 is terminated, and possession is granted to [The landlord/s], at 11:59pm on Saturday 31 August 2024.
[The tenant/s] owes [The landlord/s] $2,907.16 (“the debt”) in accordance with the following table:
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $680.00, being $580.00 for rent and $100.00 for the debt. b. Payments will be every Monday, with the first payment on 24/06/2024 and continuing until 13/01/2025.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenants fail to pay rent and rent arrears within 2 working days of the due dates prior to the tenancy ending on 31 August 2024: a. The tenancy at 19 Rongomai Road, Otara, Auckland 2023 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenants fail 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’s representative/s] represented the landlord; [The tenant/s] represented the tenants.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed and is still in excess of that at the date of hearing.
[The tenant/s] seeks a conditional termination order as she wants one further opportunity to pay the debt. She says she will set up a direct debit to pay off the debt and they can afford the rent. She says things are different now than they were as she has spoken to her family and her church about the situation, and they will support her.
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. A conditional termination order can only be made if I can be satisfied that the debt will be paid and the rent arrears will not accrue in such a way again.
[The landlord’s representative/s] says that unfortunately he cannot be satisfied that this situation will not recur. He says they have been exceptionally understanding and patient with the tenants but the situation has now gone on for so long that the owner is in a dire financial situation. He explains that in the past they have written off arrears, allowed [The tenant/s] to change the tenancy agreement, not enforced a conditional termination mediators order and tried to work with the tenants as much as possible. However, he says there have been times the tenants have not communicated with him and a recent example of this is when no one attended the mediation.
As discussed at the hearing, I have the utmost sympathy for [The tenant/s]. It appears she is carrying her family and her burden is heavy. She has bravely and commendably now discussed the situation with her family and church which I understand was very difficult to do. I also appreciate it was very hard and stressful to attend today’s hearing, but it is good that she has done so otherwise the outcome would have been much worse for her.
However, the situation is that this family has been in arrears for a number of years. In fact, there is no evidence they have ever been up to date with their payments. This is an unfair burden for the landlord to carry.
I cannot be satisfied on the evidence before me that the tenants will not fall into arrears again, even if they are able to pay off the current high debt. The action discussed today should have been taken earlier. Accordingly, I have no choice but to terminate the tenancy, 1 which I do with regret.
To give the tenants some time to find a new home an arrangement has been agreed that they may have two months to do so (until 31 August) unless they agree to an earlier end. This lengthy period will only occur on the condition that in the meantime the tenants pay their rent and a weekly contribution of $100 towards the debt. Should they miss any of these payments the landlord can terminate the tenancy earlier.
Accordingly, I make a final termination order with a conditional termination order to cover the period until the final date.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
Because [The tenant/s] attended the hearing and was forthcoming and honest, I do not consider it in the public interest that her details be published. Accordingly, I direct suppression orders for both parties’ identifying details.

Tenancy Tribunal case 4857721 — Rent arrears at 19 Rongomai Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4857721 — Rent arrears at 19 Rongomai Road, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions