What was the outcome of Tenancy Tribunal case 4955253?

The tribunal order states: Fredrick Christopher Nelson owes Kāinga Ora–Homes and Communities

How much money was awarded in case 4955253?

Rent Arrears: $10,463.00 awarded to landlord

What type of tenancy dispute was case 4955253?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4955253?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10725765-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4955253?

The tribunal order states: Fredrick Christopher Nelson owes Kāinga Ora–Homes and Communities

How much money was awarded in case 4955253?

Rent Arrears: $10,463.00 awarded to landlord

What type of tenancy dispute was case 4955253?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4955253?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10725765-Tenancy_Tribunal_Order.pdf.

11 Settlement Road, Kaeo, RD 2, Kaeo 0479 Tenancy Tribunal Case 4955253 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4955253 — net $10,463.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 August 2024	$10,463.00	Rent arrears to 21 August 2024
Net award	$10,463.00
Total payable by Tenant to Landlord	$10,463.00

Fredrick Christopher Nelson owes Kāinga Ora–Homes and Communities $10,463.00 (“the debt”), as calculated in the table below:

Fredrick Christopher Nelson must pay rent and the debt as follows: a. By weekly payments of $270.00, being $222.00 for rent and $48.00 for the debt. b. Payments will be every Thursday, with the first payment on 22/08/2024 and continuing until the debt is paid in full.

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

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 11 Settlement Road, Kaeo, RD 2, Kaeo 0479 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing by phone.

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

The tenant wants to repay the debt to avoid immediate termination.

CONDITIONAL TERMINATION ORDER

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.

RENT ARREARS

The landlord has applied for rent arrears and has provided rent records which prove the amount owing to 21 August 2024 is $10,463.00.

MITIGATION OF LOSS

Section 49 of the RTA provides that where a party to a tenancy agreement breaches any provisions of the agreement or the RTA, the other party shall take all reasonable steps to limit damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.

The issue of substantial rental arrears was considered by the District Court in Housing New Zealand v Witaka (1995) DCR 307. In that case, the District Court was dealing with what was then Housing New Zealand. The Court held that Housing New Zealand had dual functions to be both business-like and to look after low-income tenants. This required it to be fair than the average landlord. If by mediation, arrears management and goodwill, it could leave a tenant in possession, then that ought to be the case. The Court held that Housing New Zealand should not be restricted in its ability to recover the full amount of the rent arrears on the basis of a failure to mitigate its loss.

More recently, in Huang v Ashworth [2024] NZDC 15726, The Court confirmed that a landlord who has made a considered and sympathetic decision to allow a tenant to have more time to pay arrears should not be prejudiced if payment is not made. I consider this a relevant factor in this case and do not make any deduction to the rent arrears.

SUPPRESSION

The tenant applied for name suppression however having regards the level of rent arrears, the interests of the parties and the public interest, I have not made an order for suppression. See section 95A of the Residential Tenancies Act 1986

Claims and awards in Tenancy Tribunal application 4955253 — net $10,463.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 August 2024	$10,463.00	Rent arrears to 21 August 2024
Net award	$10,463.00
Total payable by Tenant to Landlord	$10,463.00

Order

Fredrick Christopher Nelson owes Kāinga Ora–Homes and Communities $10,463.00 (“the debt”), as calculated in the table below:
Fredrick Christopher Nelson must pay rent and the debt as follows: a. By weekly payments of $270.00, being $222.00 for rent and $48.00 for the debt. b. Payments will be every Thursday, with the first payment on 22/08/2024 and continuing until the debt is paid in full.
Payments will be allocated in the following order: rent, rent arrears.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 11 Settlement Road, Kaeo, RD 2, Kaeo 0479 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing by phone.
The landlord has applied for termination of the tenancy and rent arrears.
The tenant wants to repay the debt to avoid immediate termination.

CONDITIONAL TERMINATION ORDER

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.

RENT ARREARS

The landlord has applied for rent arrears and has provided rent records which prove the amount owing to 21 August 2024 is $10,463.00.

MITIGATION OF LOSS

Section 49 of the RTA provides that where a party to a tenancy agreement breaches any provisions of the agreement or the RTA, the other party shall take all reasonable steps to limit damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.
The issue of substantial rental arrears was considered by the District Court in Housing New Zealand v Witaka (1995) DCR 307. In that case, the District Court was dealing with what was then Housing New Zealand. The Court held that Housing New Zealand had dual functions to be both business-like and to look after low-income tenants. This required it to be fair than the average landlord. If by mediation, arrears management and goodwill, it could leave a tenant in possession, then that ought to be the case. The Court held that Housing New Zealand should not be restricted in its ability to recover the full amount of the rent arrears on the basis of a failure to mitigate its loss.
More recently, in Huang v Ashworth [2024] NZDC 15726, The Court confirmed that a landlord who has made a considered and sympathetic decision to allow a tenant to have more time to pay arrears should not be prejudiced if payment is not made. I consider this a relevant factor in this case and do not make any deduction to the rent arrears.

SUPPRESSION

The tenant applied for name suppression however having regards the level of rent arrears, the interests of the parties and the public interest, I have not made an order for suppression. See section 95A of the Residential Tenancies Act 1986

Tenancy Tribunal case 4955253 — Rent arrears at 11 Settlement Road, Kaeo, RD 2, Kaeo 0479

At a glance

Tenancy Tribunal case 4955253 — Rent arrears at 11 Settlement Road, Kaeo, RD 2, Kaeo 0479

At a glance

Award balance

Claims & awards

Order

Reasons

CONDITIONAL TERMINATION ORDER

Should a conditional termination order be made?

RENT ARREARS

MITIGATION OF LOSS

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

CONDITIONAL TERMINATION ORDER

Should a conditional termination order be made?

RENT ARREARS

MITIGATION OF LOSS

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions