What was Tenancy Tribunal case 4953235 about?

The tribunal order states: Kayla Joesphine Henare owes [The landlord/s] $5,417.00 (“the debt”) being rent

How much money was awarded in case 4953235?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,390.00 awarded to landlord

What type of tenancy dispute was case 4953235?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4953235?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10716156-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4953235 about?

The tribunal order states: Kayla Joesphine Henare owes [The landlord/s] $5,417.00 (“the debt”) being rent

How much money was awarded in case 4953235?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,390.00 awarded to landlord

What type of tenancy dispute was case 4953235?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4953235?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10716156-Tribunal_Order_Redacted.pdf.

25 Lord Street, Stokes Valley, Lower Hutt 5019 Tenancy Tribunal Case 4953235 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4953235 — net $5,417.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 August 2024	$5,390.00	Rent arrears to 21 August 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,417.00
Total payable by Tenant to Landlord	$5,417.00

Kayla Joesphine Henare owes [The landlord/s] $5,417.00 (“the debt”) being rent arrears to 21 August 2024 and the filing fee.

Kayla Joesphine Henare must pay rent and the debt as follows: a. By 1 weekly payment of $5,417.00, being $5,390.00 for rent arrears and $27.00 for the filing fee by Wednesday, 21 August 2024.

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

If the tenant fails to pay rent arrears within 2 working days of the due date: a. The tenancy at 25 Lord Street, Stokes Valley, Lower Hutt 5019 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.

Kayla Joesphine Henare must pay [The landlord/s] $5,417.00 by Wednesday, 21 August 2024 per the table below.

Reasons

The landlord attended the hearing. The tenant’s mother, Tracey Williams, attended the hearing on behalf of the tenant. Ms Williams advised the Tribunal that the tenant was in residential rehabilitation. Ms Williams confirmed she had authority to make submissions on behalf of the tenant.

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?

The application was filed on 26 July 2024. Rent arrears totalled $2,530.00 (23 days) on this date.

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.

Ms Williams advised the Tribunal that she had an appointment with Work and Income New Zealand (WINZ) scheduled for 1:00pm today, 16 August 2024. The purpose of the appointment was to seek assistance paying the arrears in full and organising a re-direction of rent from the tenant’s benefit moving forward.

The landlord requested the Tribunal make a conditional order for termination on the basis that the tenant pay the arrears in full by 21 August 2024.

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.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing up to 21 August 2024. The last rental payment was due to be made on 15 August 2024 for the period 15/08/2024 – 21/08/2024. Ms Williams advised the Tribunal that this payment of rent had not and would not be made. Therefore, the Tribunal has calculated the total rental arrears up to 21 August 2024 with the consent of the parties.

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

Claims and awards in Tenancy Tribunal application 4953235 — net $5,417.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 August 2024	$5,390.00	Rent arrears to 21 August 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,417.00
Total payable by Tenant to Landlord	$5,417.00

Order

Kayla Joesphine Henare owes [The landlord/s] $5,417.00 (“the debt”) being rent arrears to 21 August 2024 and the filing fee.
Kayla Joesphine Henare must pay rent and the debt as follows: a. By 1 weekly payment of $5,417.00, being $5,390.00 for rent arrears and $27.00 for the filing fee by Wednesday, 21 August 2024.
Payment will be allocated in the following order: rent arrears and the filing fee.
If the tenant fails to pay rent arrears within 2 working days of the due date: a. The tenancy at 25 Lord Street, Stokes Valley, Lower Hutt 5019 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.
Kayla Joesphine Henare must pay [The landlord/s] $5,417.00 by Wednesday, 21 August 2024 per the table below.

Reasons

The landlord attended the hearing. The tenant’s mother, Tracey Williams, attended the hearing on behalf of the tenant. Ms Williams advised the Tribunal that the tenant was in residential rehabilitation. Ms Williams confirmed she had authority to make submissions on behalf of the tenant.
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?

The application was filed on 26 July 2024. Rent arrears totalled $2,530.00 (23 days) on this date.
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.
Ms Williams advised the Tribunal that she had an appointment with Work and Income New Zealand (WINZ) scheduled for 1:00pm today, 16 August 2024. The purpose of the appointment was to seek assistance paying the arrears in full and organising a re-direction of rent from the tenant’s benefit moving forward.
The landlord requested the Tribunal make a conditional order for termination on the basis that the tenant pay the arrears in full by 21 August 2024.
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.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing up to 21 August 2024. The last rental payment was due to be made on 15 August 2024 for the period 15/08/2024 – 21/08/2024. Ms Williams advised the Tribunal that this payment of rent had not and would not be made. Therefore, the Tribunal has calculated the total rental arrears up to 21 August 2024 with the consent of the parties.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4953235 — Rent arrears at 25 Lord Street, Stokes Valley, Lower Hutt 5019

At a glance

Tenancy Tribunal case 4953235 — Rent arrears at 25 Lord Street, Stokes Valley, Lower Hutt 5019

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