What was Tenancy Tribunal case 4904856 about?

The tribunal order states: Andreea Junc Kondo and Taiki Kondo owes [The landlord/s] $10,370.44 (“the

How much money was awarded in case 4904856?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $10,350.00 awarded to landlord

What type of tenancy dispute was case 4904856?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4904856?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10786057-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4904856 about?

The tribunal order states: Andreea Junc Kondo and Taiki Kondo owes [The landlord/s] $10,370.44 (“the

How much money was awarded in case 4904856?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $10,350.00 awarded to landlord

What type of tenancy dispute was case 4904856?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4904856?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10786057-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 46 Abel Smith Street, Te Aro, Wellington 6011 Tenancy Tribunal Case 4904856 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4904856 — net $10,370.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 September 2024	$10,350.00	Rent arrears to 3 September 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,370.44
Total payable by Tenant to Landlord	$10,370.44

Andreea Junc Kondo and Taiki Kondo owes [The landlord/s] $10,370.44 (“the debt”) as detailed in the table below.

Andreea Junc Kondo and Taiki Kondo must pay rent and the debt as follows: a. By 1 weekly payments of $11,040.00 for rent. b. A final payment of $710.44, being $690.00 for rent and $10,370.44 for the debt. c. Payments will be every Friday, with the first payment on 29/11/2024 and continuing until 06/12/2024.

Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 1, 46 Abel Smith Street, Te Aro, Wellington 6011 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 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 has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee. 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 was filed on 13 June 2024. Rent was in arrears of $6,210.00 (63 days) on this date.

The tenant advised the Tribunal that they began experiencing financial hardship in early 2024. They run their own business which experienced a decline in sales and shortage of stock. In early 2024, the tenant was not receiving any assistance from Work and Income New Zealand (WINZ) and did not qualify for Working for Families tax credits. They fell behind in their payment of rent due to financial strain. More recently, the tenant has sought the assistance of a finance and budgeting advisor. The advisor has helped the tenant to apply for assistance from WINZ and improve the operation of their business. Since 26 July 2024, the tenant has paid their rent on time.

The tenant advised the Tribunal that they are in the process of applying for further assistance from WINZ, as well as private lenders to pay the arrears in full. They expect their applications for lending to be fully processed by the end of November 2024 and can pay their rent when due up until this date. The landlord advised the Tribunal that they were agreeable to a conditional order, which incentivised payment of rent between now and the end of November 2024, when the total rent arrears would need to be paid.

The tenant has taken steps to increase the income, improve their budgeting and has recently been paying their rent when due. They are in the process of applying for assistance from WINZ and private lenders to pay the arrears in full. Therefore, I am satisfied that 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.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4904856 — net $10,370.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 September 2024	$10,350.00	Rent arrears to 3 September 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,370.44
Total payable by Tenant to Landlord	$10,370.44

Order

Andreea Junc Kondo and Taiki Kondo owes [The landlord/s] $10,370.44 (“the debt”) as detailed in the table below.
Andreea Junc Kondo and Taiki Kondo must pay rent and the debt as follows: a. By 1 weekly payments of $11,040.00 for rent. b. A final payment of $710.44, being $690.00 for rent and $10,370.44 for the debt. c. Payments will be every Friday, with the first payment on 29/11/2024 and continuing until 06/12/2024.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 1, 46 Abel Smith Street, Te Aro, Wellington 6011 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 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 has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee. 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 was filed on 13 June 2024. Rent was in arrears of $6,210.00 (63 days) on this date.
The tenant advised the Tribunal that they began experiencing financial hardship in early 2024. They run their own business which experienced a decline in sales and shortage of stock. In early 2024, the tenant was not receiving any assistance from Work and Income New Zealand (WINZ) and did not qualify for Working for Families tax credits. They fell behind in their payment of rent due to financial strain. More recently, the tenant has sought the assistance of a finance and budgeting advisor. The advisor has helped the tenant to apply for assistance from WINZ and improve the operation of their business. Since 26 July 2024, the tenant has paid their rent on time.
The tenant advised the Tribunal that they are in the process of applying for further assistance from WINZ, as well as private lenders to pay the arrears in full. They expect their applications for lending to be fully processed by the end of November 2024 and can pay their rent when due up until this date. The landlord advised the Tribunal that they were agreeable to a conditional order, which incentivised payment of rent between now and the end of November 2024, when the total rent arrears would need to be paid.
The tenant has taken steps to increase the income, improve their budgeting and has recently been paying their rent when due. They are in the process of applying for assistance from WINZ and private lenders to pay the arrears in full. Therefore, I am satisfied that 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.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4904856 — Rent arrears at Unit/Flat 1, 46 Abel Smith Street, Te Aro, Wellington 6011

At a glance

Tenancy Tribunal case 4904856 — Rent arrears at Unit/Flat 1, 46 Abel Smith Street, Te Aro, Wellington 6011

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