What was the outcome of Tenancy Tribunal case 4927814?

The tribunal order states: Josephine Patrisa TALANOA and Moses Junior VEA owes Kāinga Ora–Homes

How much money was awarded in case 4927814?

Rent Arrears: $3,214.00 awarded to landlord

What type of tenancy dispute was case 4927814?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4927814?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10682113-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4927814?

The tribunal order states: Josephine Patrisa TALANOA and Moses Junior VEA owes Kāinga Ora–Homes

How much money was awarded in case 4927814?

Rent Arrears: $3,214.00 awarded to landlord

What type of tenancy dispute was case 4927814?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4927814?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10682113-Tenancy_Tribunal_Order.pdf.

28 Smallfield Avenue, Mount Roskill, Auckland 1042 Tenancy Tribunal Case 4927814 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4927814 — net $3,214.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 August 2024	$3,214.00	Rent arrears to 8 August 2024
Net award	$3,214.00
Total payable by Tenant to Landlord	$3,214.00

Josephine Patrisa TALANOA and Moses Junior VEA owes Kāinga Ora–Homes And Communities $3,214.00 (“the debt”).

Josephine Patrisa TALANOA and Moses Junior VEA must pay rent and the debt as follows: a. By 64 weekly payments of $223.00, being $173.00 for rent and $50.00 for the debt. b. A final payment of $187.00, being $173.00 for rent and $14.00 for the debt. c. Payments will be every Wednesday, with the first payment on 14/08/2024 and continuing until 05/11/2025.

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 28 Smallfield Avenue, Mount Roskill, Auckland 1042 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 by phone.

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.

The tenancy began on 1 September 2023. The tenancy has lasted for 49 weeks to the day of hearing. That means that the total rent owed by the tenant as at the date of hearing is $8,477.00. According to the rent arrears summaries produced by the landlord, the tenant has paid rent of $5,263.00. That means that rent arrears owed as at the date of hearing is $3,214.00.

I have set out the calculation above because it is different from the rent arrears sought in the rent summaries produced by the landlord. The discrepancies may be due to an amount of $280.00 in the summary around February 2024. It is not clear what this amount is, but the rent summary for the Tribunal should only include rent due and rent paid.

I also note that the tenant said he paid $180.00 the night before the hearing but that amount has not yet shown in the landlord’s records.

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.

Order

Claims and awards in Tenancy Tribunal application 4927814 — net $3,214.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 August 2024	$3,214.00	Rent arrears to 8 August 2024
Net award	$3,214.00
Total payable by Tenant to Landlord	$3,214.00

Josephine Patrisa TALANOA and Moses Junior VEA owes Kāinga Ora–Homes And Communities $3,214.00 (“the debt”).

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

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 by phone.

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.

I also note that the tenant said he paid $180.00 the night before the hearing but that amount has not yet shown in the landlord’s records.

Should a conditional termination order be made?

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.

Tenancy Tribunal case 4927814 — Rent arrears at 28 Smallfield Avenue, Mount Roskill, Auckland 1042

At a glance

Tenancy Tribunal case 4927814 — Rent arrears at 28 Smallfield Avenue, Mount Roskill, Auckland 1042

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