What was the outcome of Tenancy Tribunal case 4965013?

The tribunal order states: Patricia Mailo and Viliamu Faapito owes Barfoot & Thompson Limited As Agent

How much money was awarded in case 4965013?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,320.00 awarded to landlord; Water Rates: $712.85 awarded to landlord

What type of tenancy dispute was case 4965013?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4965013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10848732-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4965013?

The tribunal order states: Patricia Mailo and Viliamu Faapito owes Barfoot & Thompson Limited As Agent

How much money was awarded in case 4965013?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,320.00 awarded to landlord; Water Rates: $712.85 awarded to landlord

What type of tenancy dispute was case 4965013?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4965013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10848732-Tenancy_Tribunal_Order.pdf.

39A Solveig Place, Randwick Park, Auckland 2105 Tenancy Tribunal Case 4965013 — Rent arrears

Claims and awards in Tenancy Tribunal application 4965013 — net $7,059.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 September 2024	$6,320.00	Rent arrears to 20 September 2024
Water rates	$712.85	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,059.85
Total payable by Tenant to Landlord	$7,059.85

Order

Patricia Mailo and Viliamu Faapito owes Barfoot & Thompson Limited As Agent For Tay, David (Dsjj Investments Limited) $7,059.85 (“the debt”) as detailed in the table below.
Patricia Mailo and Viliamu Faapito must pay rent and the debt as follows: a. By 1 weekly payment of $530.00 for rent to be paid on Monday, 23 September 2024 to cover the period from 21/09/2024 – 27/09/2024. b. By 1 weekly payment of $7,589.85 for the debt to be paid on or before Friday, 27 September 2024. c. By 6 weekly payments of $530.00 for rent to be paid every Monday, with the first payment to begin on Monday, 30 September 2024 and continuing until the last payment on 4 November 2024.
If the tenant fails to make any of the payments detailed at paragraph [2] above within 2 working days of the due dates: a. The tenancy at 39A Solveig Place, Randwick Park, Auckland 2105 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 on 18 September 2024.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination. Background
The tenancy began on 12 May 2022.
The tenant has fallen into arrears throughout the tenancy, but has always been able to reduce the total arrears to a relatively low number or clear them entirely. This changed on 22 June 2024, when the tenant fell into arrears and was unable to reduce or clear them. At the date of the hearing, the tenant owed $6,168.58 in rent.
The tenant lives at the property with their two children. Ms Mailo receives a job seeker benefit and Mr Faapito works as an installer of flooring. Mr Faapito gave evidence that his work has recently dried up and he is currently only working three days per week. This reduced income is the reason the tenant has fallen behind in their payment of rent.
Ms Mailo gave evidence that she has been trying to engage with Work and Income New Zealand (WINZ) to seek assistance and organise a direct debit of rent from her benefit. Ms Mailo stated that it has taken WINZ a long time to assign her a case manager, but that she has an appointment with them on 19 September 2024.
Ms Mailo gave evidence that she attended a job interview last Friday, 13 September 2024. She forwarded an email from her prospective employer to the Tribunal. The first paragraph of the email stated “Congratulations! We would like to progress your application through to the next stage of our recruitment process which is pre-employment checks.” Ms Mailo was positive about her prospects of receiving an offer of employment. She expects to hear back with a final decision by next Friday, 27 September 2024. Ms Mailo stated that if she receives an offer of employment, her and Mr Faapito will be able to meet their rental obligations moving forward.

Should a conditional termination order be made?

The application was filed on 8 August 2024. Rental arrears totalled $3,584.29 (47 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. The Tribunal can only make a conditional termination order if it is satisfied that the tenant will pay any rent arrears within a period specified by the Tribunal and is unlikely to commit any further breach.
The tenant gave evidence that they intend to seek assistance from WINZ to pay the debt in full. They stated that WINZ had advised them that before they could assist the tenant, they needed to be provided with a copy of the order from the Tenancy Tribunal. I accept the tenant’s evidence that they have an appointment with a case manager from WINZ on 19 September 2024. I am satisfied that if the tenant provides a copy of this order to WINZ, the debt will most likely be paid in full on or before 27 September 2024. I am also satisfied that the tenant is unlikely to commit any further breach. Pre-employment checks are usually the last hurdle before a formal offer of employment. Neither the landlord nor tenant gave any reason why Ms Mailo might fail the pre-employment checks. Based on the contents of the email submitted by Ms Mailo, I consider it is likely that she will receive an offer of employment and be able to meet the rental payments moving forward. If the tenant does not meet the rental payments moving forward, then the landlord will have the ability to immediately terminate the tenancy pursuant to the terms of this order.
The circumstances of this case are unusual due to Ms Mailo’s pending offer of employment. I considered the possibility of adjourning the hearing to allow time for a definitive answer to be received from Ms Mailo’s prospective employer. Unfortunately, I am unable to confirm the timeframe within which a new hearing date might be scheduled. I do not want to risk adjourning the matter for any significant period of time, as this might result in an increase in rent arrears and prejudice the landlord. I consider that the terms of this conditional order protect the landlord’s interest. The tenant has an incentive to pay rent and the debt, and the landlord can seek immediate termination if any payment is more than two working days late. In the circumstances of this case, I consider a conditional order promotes the fair and expeditious resolution of the dispute. See section 85 of the Residential Tenancies Act 1986. Rent arrears, water rates and filing fee
The landlord provided rent records which prove the amount owing up to 20 September 2024. As the conditional order permits the tenant to remain in the property and requires their first payment of rent to be made on 23 September 2024, I have calculated the total arrears due up to 20 September 2024, rather than the date of the hearing.
The landlord provided water invoices from the water rates authority which prove the amount owing.
Because Barfoot & Thompson Limited As Agent For Tay, David (Dsjj Investments Limited) has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4965013 — net $7,059.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 September 2024	$6,320.00	Rent arrears to 20 September 2024
Water rates	$712.85	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,059.85
Total payable by Tenant to Landlord	$7,059.85

Order

Patricia Mailo and Viliamu Faapito owes Barfoot & Thompson Limited As Agent For Tay, David (Dsjj Investments Limited) $7,059.85 (“the debt”) as detailed in the table below.
Patricia Mailo and Viliamu Faapito must pay rent and the debt as follows: a. By 1 weekly payment of $530.00 for rent to be paid on Monday, 23 September 2024 to cover the period from 21/09/2024 – 27/09/2024. b. By 1 weekly payment of $7,589.85 for the debt to be paid on or before Friday, 27 September 2024. c. By 6 weekly payments of $530.00 for rent to be paid every Monday, with the first payment to begin on Monday, 30 September 2024 and continuing until the last payment on 4 November 2024.
If the tenant fails to make any of the payments detailed at paragraph [2] above within 2 working days of the due dates: a. The tenancy at 39A Solveig Place, Randwick Park, Auckland 2105 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 on 18 September 2024.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination. Background
The tenancy began on 12 May 2022.
The tenant has fallen into arrears throughout the tenancy, but has always been able to reduce the total arrears to a relatively low number or clear them entirely. This changed on 22 June 2024, when the tenant fell into arrears and was unable to reduce or clear them. At the date of the hearing, the tenant owed $6,168.58 in rent.
The tenant lives at the property with their two children. Ms Mailo receives a job seeker benefit and Mr Faapito works as an installer of flooring. Mr Faapito gave evidence that his work has recently dried up and he is currently only working three days per week. This reduced income is the reason the tenant has fallen behind in their payment of rent.
Ms Mailo gave evidence that she has been trying to engage with Work and Income New Zealand (WINZ) to seek assistance and organise a direct debit of rent from her benefit. Ms Mailo stated that it has taken WINZ a long time to assign her a case manager, but that she has an appointment with them on 19 September 2024.
Ms Mailo gave evidence that she attended a job interview last Friday, 13 September 2024. She forwarded an email from her prospective employer to the Tribunal. The first paragraph of the email stated “Congratulations! We would like to progress your application through to the next stage of our recruitment process which is pre-employment checks.” Ms Mailo was positive about her prospects of receiving an offer of employment. She expects to hear back with a final decision by next Friday, 27 September 2024. Ms Mailo stated that if she receives an offer of employment, her and Mr Faapito will be able to meet their rental obligations moving forward.

Should a conditional termination order be made?

The application was filed on 8 August 2024. Rental arrears totalled $3,584.29 (47 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. The Tribunal can only make a conditional termination order if it is satisfied that the tenant will pay any rent arrears within a period specified by the Tribunal and is unlikely to commit any further breach.
The tenant gave evidence that they intend to seek assistance from WINZ to pay the debt in full. They stated that WINZ had advised them that before they could assist the tenant, they needed to be provided with a copy of the order from the Tenancy Tribunal. I accept the tenant’s evidence that they have an appointment with a case manager from WINZ on 19 September 2024. I am satisfied that if the tenant provides a copy of this order to WINZ, the debt will most likely be paid in full on or before 27 September 2024. I am also satisfied that the tenant is unlikely to commit any further breach. Pre-employment checks are usually the last hurdle before a formal offer of employment. Neither the landlord nor tenant gave any reason why Ms Mailo might fail the pre-employment checks. Based on the contents of the email submitted by Ms Mailo, I consider it is likely that she will receive an offer of employment and be able to meet the rental payments moving forward. If the tenant does not meet the rental payments moving forward, then the landlord will have the ability to immediately terminate the tenancy pursuant to the terms of this order.
The circumstances of this case are unusual due to Ms Mailo’s pending offer of employment. I considered the possibility of adjourning the hearing to allow time for a definitive answer to be received from Ms Mailo’s prospective employer. Unfortunately, I am unable to confirm the timeframe within which a new hearing date might be scheduled. I do not want to risk adjourning the matter for any significant period of time, as this might result in an increase in rent arrears and prejudice the landlord. I consider that the terms of this conditional order protect the landlord’s interest. The tenant has an incentive to pay rent and the debt, and the landlord can seek immediate termination if any payment is more than two working days late. In the circumstances of this case, I consider a conditional order promotes the fair and expeditious resolution of the dispute. See section 85 of the Residential Tenancies Act 1986. Rent arrears, water rates and filing fee
The landlord provided rent records which prove the amount owing up to 20 September 2024. As the conditional order permits the tenant to remain in the property and requires their first payment of rent to be made on 23 September 2024, I have calculated the total arrears due up to 20 September 2024, rather than the date of the hearing.
The landlord provided water invoices from the water rates authority which prove the amount owing.
Because Barfoot & Thompson Limited As Agent For Tay, David (Dsjj Investments Limited) has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4965013 — Rent arrears at 39A Solveig Place, Randwick Park, Auckland 2105

At a glance

Tenancy Tribunal case 4965013 — Rent arrears at 39A Solveig Place, Randwick Park, Auckland 2105

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions