What was the outcome of Tenancy Tribunal case 4972114?

The tribunal order states: Waylon Neville Tamata Toura owes Kāinga Ora–Homes And Communities

How much money was awarded in case 4972114?

Being: $84.00 awarded to landlord; For Rent And: $10.00 awarded to landlord; For Rent And: $0.50 awarded to landlord

What type of tenancy dispute was case 4972114?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4972114?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10873217-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4972114?

The tribunal order states: Waylon Neville Tamata Toura owes Kāinga Ora–Homes And Communities

How much money was awarded in case 4972114?

Being: $84.00 awarded to landlord; For Rent And: $10.00 awarded to landlord; For Rent And: $0.50 awarded to landlord

What type of tenancy dispute was case 4972114?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4972114?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10873217-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 4 Oates Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4972114 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4972114. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
being	$84.00	being
for rent and	$10.00	for rent and
for rent and	$0.50	for rent and

Waylon Neville Tamata Toura owes Kāinga Ora–Homes And Communities $940.50 (“the debt”), being rent arrears to 1 October 2024.

Waylon Neville Tamata Toura must pay rent and the debt as follows: a. By 94 weekly payments of $94.00, being $84.00 for rent and $10.00 for the debt. b. A final payment of $84.50, being $84.00 for rent and $0.50 for the debt. c. Payments will be every Wednesday, with the first payment on 02/10/2024 and continuing until 22/07/2026 or until the debt is paid.

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

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 4, 4 Oates Road, Glen Eden, Auckland 0602 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord wants to offer the tenant a final opportunity to repay the debt to avoid immediate termination.

The landlord provided an up-to-date rent summary. It also made a verbal application for tenant name suppression.

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. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord did not request its name suppression in the application.

It did request tenant name suppression at the hearing.

Given the orders made, the only ground for any suppression order would be through the exercise of my own initiative to do so. Unfortunately, the landlord could not provide any insight into any unique circumstances or background pertaining to this tenancy that would justify such consideration. Given the tenant did not attend, I lack any insight from him. Therefore, the request for tenant name suppression is declined.

Claims and awards in Tenancy Tribunal application 4972114. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
being	$84.00	being
for rent and	$10.00	for rent and
for rent and	$0.50	for rent and

Order

Waylon Neville Tamata Toura owes Kāinga Ora–Homes And Communities $940.50 (“the debt”), being rent arrears to 1 October 2024.
Waylon Neville Tamata Toura must pay rent and the debt as follows: a. By 94 weekly payments of $94.00, being $84.00 for rent and $10.00 for the debt. b. A final payment of $84.50, being $84.00 for rent and $0.50 for the debt. c. Payments will be every Wednesday, with the first payment on 02/10/2024 and continuing until 22/07/2026 or until the debt is paid.
Payments will be allocated in the following order: rent and then rent arrears.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 4, 4 Oates Road, Glen Eden, Auckland 0602 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord wants to offer the tenant a final opportunity to repay the debt to avoid immediate termination.
The landlord provided an up-to-date rent summary. It also made a verbal application for tenant name suppression.

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. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord did not request its name suppression in the application.
It did request tenant name suppression at the hearing.
Given the orders made, the only ground for any suppression order would be through the exercise of my own initiative to do so. Unfortunately, the landlord could not provide any insight into any unique circumstances or background pertaining to this tenancy that would justify such consideration. Given the tenant did not attend, I lack any insight from him. Therefore, the request for tenant name suppression is declined.

Tenancy Tribunal case 4972114 — Rent arrears at Unit/Flat 4, 4 Oates Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4972114 — Rent arrears at Unit/Flat 4, 4 Oates Road, Glen Eden, Auckland 0602

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions