What was the outcome of Tenancy Tribunal case 4899383?

The tribunal order states: Erin Kaye Kirkwood owes Kāinga Ora–Homes And Communities $6,846.00

How much money was awarded in case 4899383?

Rent Arrears: $6,391.00 awarded to landlord; Rubbish Removal: $455.00 awarded to landlord

What type of tenancy dispute was case 4899383?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4899383?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10990982-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4899383?

The tribunal order states: Erin Kaye Kirkwood owes Kāinga Ora–Homes And Communities $6,846.00

How much money was awarded in case 4899383?

Rent Arrears: $6,391.00 awarded to landlord; Rubbish Removal: $455.00 awarded to landlord

What type of tenancy dispute was case 4899383?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4899383?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10990982-Tribunal_Order.pdf.

49 Manurere Street, Hei Hei, Christchurch 8042 Tenancy Tribunal Case 4899383 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4899383 — net $6,846.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,391.00	Rent arrears
Rubbish removal - Skip Hire (as per interim order	$455.00	Rubbish removal - Skip Hire (as per interim order
Net award	$6,846.00
Total payable by Tenant to Landlord	$6,846.00

Erin Kaye Kirkwood owes Kāinga Ora–Homes And Communities $6,846.00 (“the debt”) as shown in the table below. DescriptionLandlord Rent arrears$6,391.00 Rubbish removal - Skip Hire (as per interim order)$455.00 Total award$6,846.00 Total payable by Tenant to Landlord$6,846.00

Erin Kaye Kirkwood must pay current rent and the debt as follows: a. Current weekly rent, as it falls due. Payments will be every Thursday, with the first payment on 24/10/2024 b. Weekly payments of $37.00 for the debt. Payments will be every Thursday, with the first payment on 24/10/2024 continuing until the debt is paid in full.

Payments will be allocated in the following order: rent, rent arrears, and the rubbish removal.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 49 Manurere Street, Hei Hei, Christchurch 8042 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

If the tenant fails to pay the rubbish removal within 2 working days of the due date, the balance of 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 application first came before me in August and was adjourned, to allow for an income related rent assessment to be completed.

The tenant had been making regular payments to reduce the arrears until June 2024. At that time the rent was $231 per week. The rent then increased to $463 per week, following an income related rent review by MSD. As a result of that review, the regular payments were no longer covering the current rent and the arrears were increasing again.

In August, the tenant advised that she had provided MSD with more information and the income related rent may be reassessed. There was a lack of clarity about when that would occur. Any review may mean that the tenant could pay the debt more quickly.

I made an interim conditional termination order and adjourned the hearing.

The hearing was reconvened today. There has been no change to the assessment of the tenant’s weekly income related rent. The tenant says that the assessment is still under review. It was not clear to me why the assessment had not been completed. In any event, I must determine the application today on the basis of the current income related rent assessment.

As at today, the weekly rent payable is $463.00 and the current arrears are $6,391.00. The tenant has been making payments of $500 per week, as required by the interim order dated 21 August 2024. The landlord is content for that to continue.

The parties were concerned that any change to the income related rent assessment would alter the amount payable each week. The current amount payable each week under Order 2 above is $500.00.

The total payable under Order 2 may change if the tenant’s income related rent is reassessed; but until the debt is repaid the tenant will be required to pay current weekly rent plus $37.00 every Thursday.

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 4899383 — net $6,846.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,391.00	Rent arrears
Rubbish removal - Skip Hire (as per interim order	$455.00	Rubbish removal - Skip Hire (as per interim order
Net award	$6,846.00
Total payable by Tenant to Landlord	$6,846.00

Order

Erin Kaye Kirkwood owes Kāinga Ora–Homes And Communities $6,846.00 (“the debt”) as shown in the table below. DescriptionLandlord Rent arrears$6,391.00 Rubbish removal - Skip Hire (as per interim order)$455.00 Total award$6,846.00 Total payable by Tenant to Landlord$6,846.00
Erin Kaye Kirkwood must pay current rent and the debt as follows: a. Current weekly rent, as it falls due. Payments will be every Thursday, with the first payment on 24/10/2024 b. Weekly payments of $37.00 for the debt. Payments will be every Thursday, with the first payment on 24/10/2024 continuing until the debt is paid in full.
Payments will be allocated in the following order: rent, rent arrears, and the rubbish removal.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 49 Manurere Street, Hei Hei, Christchurch 8042 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the rubbish removal within 2 working days of the due date, the balance of 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 application first came before me in August and was adjourned, to allow for an income related rent assessment to be completed.
The tenant had been making regular payments to reduce the arrears until June 2024. At that time the rent was $231 per week. The rent then increased to $463 per week, following an income related rent review by MSD. As a result of that review, the regular payments were no longer covering the current rent and the arrears were increasing again.
In August, the tenant advised that she had provided MSD with more information and the income related rent may be reassessed. There was a lack of clarity about when that would occur. Any review may mean that the tenant could pay the debt more quickly.
I made an interim conditional termination order and adjourned the hearing.
The hearing was reconvened today. There has been no change to the assessment of the tenant’s weekly income related rent. The tenant says that the assessment is still under review. It was not clear to me why the assessment had not been completed. In any event, I must determine the application today on the basis of the current income related rent assessment.
As at today, the weekly rent payable is $463.00 and the current arrears are $6,391.00. The tenant has been making payments of $500 per week, as required by the interim order dated 21 August 2024. The landlord is content for that to continue.
The parties were concerned that any change to the income related rent assessment would alter the amount payable each week. The current amount payable each week under Order 2 above is $500.00.
The total payable under Order 2 may change if the tenant’s income related rent is reassessed; but until the debt is repaid the tenant will be required to pay current weekly rent plus $37.00 every Thursday.
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 4899383 — Rent arrears at 49 Manurere Street, Hei Hei, Christchurch 8042

At a glance

Tenancy Tribunal case 4899383 — Rent arrears at 49 Manurere Street, Hei Hei, Christchurch 8042

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