What was the outcome of Tenancy Tribunal case 4984812?

The tribunal order states: Mapa Emmeline Leaaetoa owes Kāinga Ora–Homes And Communities

How much money was awarded in case 4984812?

Being: $367.00 awarded to landlord; For Rent And: $30.00 awarded to landlord

What type of tenancy dispute was case 4984812?

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

Where can I read the official tribunal order for case 4984812?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10984632-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4984812?

The tribunal order states: Mapa Emmeline Leaaetoa owes Kāinga Ora–Homes And Communities

How much money was awarded in case 4984812?

Being: $367.00 awarded to landlord; For Rent And: $30.00 awarded to landlord

What type of tenancy dispute was case 4984812?

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

Where can I read the official tribunal order for case 4984812?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10984632-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 187 Beach Haven Road, Beach Haven, Tenancy Tribunal Case 4984812 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4984812. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$367.00		being
for rent and	$30.00		for rent and

Mapa Emmeline Leaaetoa owes Kāinga Ora–Homes And Communities $7,483.00 (“the debt”) being rent arrears to 21 October 2024.

Mapa Emmeline Leaaetoa must pay rent and the debt as follows: a. By weekly payments of $397.00, being $367.00 for rent and $30.00 for the debt. b. Payments will be every Friday, with the first payment on 01/11/2024 and continuing until the debt is paid in full.

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 2, 187 Beach Haven Road, 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.

The mediated order made on 3 April 2024 under 4816978 is incorporated into this order.

Reasons

Both parties attended the hearing. The landlord has applied for termination of the tenancy and rent arrears. 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 (RTA).

The tenant wants to stay in the house. She has been paying rent and an extra amount every week since July 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) RTA.

Should I allow suppression for the tenant?

The tenant has made an application for suppression because the order is made by consent. 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 the name or any identifying particulars of any party not be published. See section 95A RTA.

I am not persuaded I should allow suppression. The tenant owes a significant amount of money. The order is only made “by consent” because the tenant’s agreement is required to order the extra payments each week. The alternative is termination of the tenancy. The landlord could have requested mediation – which is confidential - but has applied for an order of the Tribunal. I find there is public interest in the name being published.

Order

Claims and awards in Tenancy Tribunal application 4984812. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$367.00		being
for rent and	$30.00		for rent and

Mapa Emmeline Leaaetoa owes Kāinga Ora–Homes And Communities $7,483.00 (“the debt”) being rent arrears to 21 October 2024.

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

The mediated order made on 3 April 2024 under 4816978 is incorporated into this order.

Reasons

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

Should a conditional termination order be made?

Should I allow suppression for the tenant?

Tenancy Tribunal case 4984812 — Rent arrears at Unit/Flat 2, 187 Beach Haven Road, Beach Haven,

At a glance

Tenancy Tribunal case 4984812 — Rent arrears at Unit/Flat 2, 187 Beach Haven Road, Beach Haven,

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Should I allow suppression for the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Should I allow suppression for the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions