What was the outcome of Tenancy Tribunal case 4973637?

The tribunal order states: Robby Hopomata owes Kāinga Ora–Homes and Communities $9,039.00 (“the

How much money was awarded in case 4973637?

Rent Arrears: $9,039.00 awarded to landlord

What type of tenancy dispute was case 4973637?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4973637?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10770200-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4973637?

The tribunal order states: Robby Hopomata owes Kāinga Ora–Homes and Communities $9,039.00 (“the

How much money was awarded in case 4973637?

Rent Arrears: $9,039.00 awarded to landlord

What type of tenancy dispute was case 4973637?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4973637?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10770200-Tenancy_Tribunal_Order.pdf.

33 Japonica Drive, Beach Haven, Auckland 0626 Tenancy Tribunal Case 4973637 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

Claims and awards in Tenancy Tribunal application 4973637 — net $9,039.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 August 2024	$9,039.00	Rent arrears to 20 August 2024
Net award	$9,039.00
Total payable by Tenant to Landlord	$9,039.00

Robby Hopomata owes Kāinga Ora–Homes and Communities $9,039.00 (“the debt”) as per below:

Robby Hopomata must pay rent and the debt as follows: a. By 90 weekly payments of $743.00, being $643.00 for rent and $100.00 for the debt. b. A final payment of $682.00, being $643.00 for rent and $39.00 for the debt. c. Payments will be every Wednesday, with the first payment on 04/09/2024 and continuing until 27/05/2026.

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 33 Japonica Drive, Beach Haven, Auckland 0626 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.

The landlord has applied for termination of the tenancy and rent. The tenant wants to repay the debt to avoid immediate termination.

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.

Following a mediation in March 2024, the parties had agreed to the tenant making repayments towards arrears at a rate of $65 per week. 1 At that time, the total rent arrears was $5,208.00. The tenant says he was not employed for a period, and therefore missed payments for both rent and arrears. As at 20 August 2024, the total arrears had grown to $9,039.00.

Although Kainga Ora were originally seeking arrears up until 28 August 2024, an issue arose at the hearing in that the tenant stated they had paid rent last week on 23 August 2024, but that rent payment was not recorded on Kainga Ora’s record. The parties agreed that up until 20 August 2024, the arrears were $9,039.00, therefore I make an award for arrears up until that date only. For clarity, the Mediator’s Order sealed 26 March 2024 is now null and void and the debt in that order forms part of the arrears set out in this order.

The tenant advises he has recently secured more dependable work, and he is confident he can make both rent payments and $100 towards the debt each week. Kainga Ora were content with a conditional order, and given the change in the tenant’s circumstances, I am satisfied a conditional termination order is appropriate and make such an order. 1 See Mediator’s Order sealed 26 March 2024 (application number 4806678).

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 4973637 — net $9,039.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 August 2024	$9,039.00	Rent arrears to 20 August 2024
Net award	$9,039.00
Total payable by Tenant to Landlord	$9,039.00

Robby Hopomata owes Kāinga Ora–Homes and Communities $9,039.00 (“the debt”) as per below:

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.

The landlord has applied for termination of the tenancy and rent. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Tenancy Tribunal case 4973637 — Rent arrears at 33 Japonica Drive, Beach Haven, Auckland 0626

At a glance

Tenancy Tribunal case 4973637 — Rent arrears at 33 Japonica Drive, Beach Haven, Auckland 0626

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