What was Tenancy Tribunal case 4880981 about?

The tribunal order states: [The tenant/s] owes Kāinga Ora–Homes And Communities $9,075.90 (“the

How much money was awarded in case 4880981?

Rent Arrears: $9,075.90 awarded to landlord

What type of tenancy dispute was case 4880981?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4880981?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10841149-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4880981 about?

The tribunal order states: [The tenant/s] owes Kāinga Ora–Homes And Communities $9,075.90 (“the

How much money was awarded in case 4880981?

Rent Arrears: $9,075.90 awarded to landlord

What type of tenancy dispute was case 4880981?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4880981?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10841149-Tribunal_Order_Redacted.pdf.

Unit/Flat 18, 127 Panama Road, Mount Wellington, Tenancy Tribunal Case 4880981 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4880981 — net $9,075.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19.9.2024	$9,075.90	Rent arrears to 19.9.2024
Net award	$9,075.90
Total payable by Tenant to Landlord	$9,075.90

[The tenant/s] owes Kāinga Ora–Homes And Communities $9,075.90 (“the debt”), calculated as shown in the table below.

[The tenant/s] must pay rent and the debt as follows: a. By paying $548.00 for weekly rent on Wednesday 18 September 2024. b. By then paying $600.00 weekly every Wednesday, being $548.00 for current rent and $52.00 towards the debt, starting on Wednesday 25 September 2024, until the debt is paid in full.

Payments will be allocated in the following order: rent and 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 18, 127 Panama Road, Mount Wellington, Auckland 1062 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Ms Thompson-Wise attended the teleconference hearing on behalf of the landlord. [The tenant/s], the tenant, also attended the hearing.

The landlord has applied for termination of the tenancy and rent arrears. 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 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

The landlord did not request name suppression. The tenant requested name suppression.

Section 95A(4) Residential Tenancies Act 1986 provides that the Tribunal may, on the application of a party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord was in favour of the tenant’s name being suppressed. The tenant said that he had experienced significant mental health issues, which had caused him to be in arrears with his rent. The tenant advised that he has now recovered from the mental health issues and is seeing a therapist regularly. He has met with the landlord’s staff and has worked out a way to pay his rent arrears debt. To this end, the tenant paid a significant chunk of the rent arrears owing the day prior to the hearing. The landlord said they believed the mental health issues are a one-off, that they are heartened that the tenant now has regular medical assistance and support in place and that the tenant has been extremely communicative with them in attempting to rectify the issue. Given the evidence and in the circumstances, I find that the tenant’s interests outweigh the public interest in publishing the tenant’s name. Therefore, I order that the tenant’s name and identifying details are not to be published.

Claims and awards in Tenancy Tribunal application 4880981 — net $9,075.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19.9.2024	$9,075.90	Rent arrears to 19.9.2024
Net award	$9,075.90
Total payable by Tenant to Landlord	$9,075.90

Order

[The tenant/s] owes Kāinga Ora–Homes And Communities $9,075.90 (“the debt”), calculated as shown in the table below.
[The tenant/s] must pay rent and the debt as follows: a. By paying $548.00 for weekly rent on Wednesday 18 September 2024. b. By then paying $600.00 weekly every Wednesday, being $548.00 for current rent and $52.00 towards the debt, starting on Wednesday 25 September 2024, until the debt is paid in full.
Payments will be allocated in the following order: rent and 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 18, 127 Panama Road, Mount Wellington, Auckland 1062 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Ms Thompson-Wise attended the teleconference hearing on behalf of the landlord. [The tenant/s], the tenant, also attended the hearing.
The landlord has applied for termination of the tenancy and rent arrears. 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 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
The landlord did not request name suppression. The tenant requested name suppression.
Section 95A(4) Residential Tenancies Act 1986 provides that the Tribunal may, on the application of a party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord was in favour of the tenant’s name being suppressed. The tenant said that he had experienced significant mental health issues, which had caused him to be in arrears with his rent. The tenant advised that he has now recovered from the mental health issues and is seeing a therapist regularly. He has met with the landlord’s staff and has worked out a way to pay his rent arrears debt. To this end, the tenant paid a significant chunk of the rent arrears owing the day prior to the hearing. The landlord said they believed the mental health issues are a one-off, that they are heartened that the tenant now has regular medical assistance and support in place and that the tenant has been extremely communicative with them in attempting to rectify the issue. Given the evidence and in the circumstances, I find that the tenant’s interests outweigh the public interest in publishing the tenant’s name. Therefore, I order that the tenant’s name and identifying details are not to be published.

Tenancy Tribunal case 4880981 — Rent arrears at Unit/Flat 18, 127 Panama Road, Mount Wellington,

At a glance

Tenancy Tribunal case 4880981 — Rent arrears at Unit/Flat 18, 127 Panama Road, Mount Wellington,

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions