What was the outcome of Tenancy Tribunal case 5007710?

The tribunal order states: Laurence Morgan Hill owes Kāinga Ora–Homes And Communities $1,008.86

How much money was awarded in case 5007710?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $981.86 awarded to landlord

What type of tenancy dispute was case 5007710?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5007710?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11114714-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5007710?

The tribunal order states: Laurence Morgan Hill owes Kāinga Ora–Homes And Communities $1,008.86

How much money was awarded in case 5007710?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $981.86 awarded to landlord

What type of tenancy dispute was case 5007710?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5007710?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11114714-Tenancy_Tribunal_Order.pdf.

3 Jolson Road, Mount Wellington, Auckland 1062 Tenancy Tribunal Case 5007710 — Rent arrears

Claims and awards in Tenancy Tribunal application 5007710 — net $1,008.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to today (22 November 2024	$981.86	Rent arrears to today (22 November 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,008.86
Total payable by Tenant to Landlord	$1,008.86

Order

Laurence Morgan Hill owes Kāinga Ora–Homes And Communities $1,008.86 (“the debt”).
Laurence Morgan Hill must pay current rent and the debt as follows: a. By weekly payment of $213.00, being $213.00 for current rent. b. A lump sum payment of $1,008.86 and on or before 29 November 2024 is the debt. c. Rent payments will be every week as they fall due and continue if the tenant occupies the premises.
Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
If the tenant fails to pay current rent and rent arrears within 2 working days of the due date on 29 November 2024: a. The tenancy at 3 Jolson Road, Mount Wellington, Auckland 1062 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. DescriptionLandlord Rent arrears to today (22 November 2024)$981.86 Filing fee reimbursement$27.00 Total award$1,008.86 Total payable by Tenant to Landlord$1,008.86

Reasons

The landlord’s representative, Mr Jamieson, attended the hearing via teleconference.
Mr Hill attended the hearing via teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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”). Mr Jamieson’s submissions
Mr. Jamieson confirmed rent arrears totalled $981.86 as of 22 November 2024.
By 28 November 2024, arrears would increase to $1,134.
The last payments recorded were on: a. 30 October 2024: $260. b. 6 November 2024: $260.
No payments have been made since 6 November 2024.
Mr. Jamieson suggested Mr. Hill urgently visit Work and Income (WINZ) to: a. Follow up on a rent review process. b. Provide proof of his current circumstances, including termination of his part-time employment. c. Ensure WINZ redirects his housing payments directly to Kainga Ora, as this process was reportedly initiated earlier but remains unresolved.
He also suggested Mr. Hill confirm with WINZ if they require additional documents to adjust his benefit.
Mr. Jamieson expressed willingness to accept a conditional termination if Mr. Hill could remedy the arrears by 29 November 2024, or take immediate action to resolve the situation. Mr Jamieson’s concerns
Mr. Jamieson highlighted a history of broken payment arrangements and non- payments despite attempts at mediation.
He emphasised the strict government criteria for rental arrears and the urgency for Mr. Hill to secure a budgeting plan through WINZ to ensure future compliance. Mr Hill’s explanation
Mr. Hill stated he is a sole parent on a benefit with two children.
He acknowledged his inability to pay the agreed rent amount of $213 per week due to insufficient income.
Mr Hill claimed he had been: a. In and out of the hospital, complicating his ability to resolve financial and tenancy matters. b. Without a personal phone, relying on borrowed phones for communication, which limited his ability to receive updates or reminders.
Mr. Hill mentioned a prior arrangement with WINZ (initiated in August 2024) to redirect rent payments to Kainga Ora but was uncertain why it had not been finalised.
Mr. Hill stated he had not yet physically visited WINZ for a rent review but had made phone calls.
He admitted he did not submit a final termination letter from his employer to WINZ, which might delay adjustments to his rent rate or benefit level. My view
I acknowledge the strict government criteria for rental arrears. Even if there are no strict government criteria, section 40(1)(a) RTA requires Mr Hill to “pay the rent as and when it is due and payable under the tenancy agreement”.
From my understanding of the parties’ submissions, Mr Hill’s circumstances could be remedied if he urgently makes an appointment with WINZ. I urge Mr Hill to do this for his benefit and to avoid his tenancy being terminated.
The rent arrears would increase to $1,134 by 28 November 2024. Although the Tribunal Order only covers the arrears up to today (22 November 2024), I urge Mr Hill to seek WINZ assistance to cover the rent arrears up to 28 November 2024.
Accordingly, 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. Filing fee
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5007710 — net $1,008.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to today (22 November 2024	$981.86	Rent arrears to today (22 November 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,008.86
Total payable by Tenant to Landlord	$1,008.86

Order

Laurence Morgan Hill owes Kāinga Ora–Homes And Communities $1,008.86 (“the debt”).
Laurence Morgan Hill must pay current rent and the debt as follows: a. By weekly payment of $213.00, being $213.00 for current rent. b. A lump sum payment of $1,008.86 and on or before 29 November 2024 is the debt. c. Rent payments will be every week as they fall due and continue if the tenant occupies the premises.
Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
If the tenant fails to pay current rent and rent arrears within 2 working days of the due date on 29 November 2024: a. The tenancy at 3 Jolson Road, Mount Wellington, Auckland 1062 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. DescriptionLandlord Rent arrears to today (22 November 2024)$981.86 Filing fee reimbursement$27.00 Total award$1,008.86 Total payable by Tenant to Landlord$1,008.86

Reasons

The landlord’s representative, Mr Jamieson, attended the hearing via teleconference.
Mr Hill attended the hearing via teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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”). Mr Jamieson’s submissions
Mr. Jamieson confirmed rent arrears totalled $981.86 as of 22 November 2024.
By 28 November 2024, arrears would increase to $1,134.
The last payments recorded were on: a. 30 October 2024: $260. b. 6 November 2024: $260.
No payments have been made since 6 November 2024.
Mr. Jamieson suggested Mr. Hill urgently visit Work and Income (WINZ) to: a. Follow up on a rent review process. b. Provide proof of his current circumstances, including termination of his part-time employment. c. Ensure WINZ redirects his housing payments directly to Kainga Ora, as this process was reportedly initiated earlier but remains unresolved.
He also suggested Mr. Hill confirm with WINZ if they require additional documents to adjust his benefit.
Mr. Jamieson expressed willingness to accept a conditional termination if Mr. Hill could remedy the arrears by 29 November 2024, or take immediate action to resolve the situation. Mr Jamieson’s concerns
Mr. Jamieson highlighted a history of broken payment arrangements and non- payments despite attempts at mediation.
He emphasised the strict government criteria for rental arrears and the urgency for Mr. Hill to secure a budgeting plan through WINZ to ensure future compliance. Mr Hill’s explanation
Mr. Hill stated he is a sole parent on a benefit with two children.
He acknowledged his inability to pay the agreed rent amount of $213 per week due to insufficient income.
Mr Hill claimed he had been: a. In and out of the hospital, complicating his ability to resolve financial and tenancy matters. b. Without a personal phone, relying on borrowed phones for communication, which limited his ability to receive updates or reminders.
Mr. Hill mentioned a prior arrangement with WINZ (initiated in August 2024) to redirect rent payments to Kainga Ora but was uncertain why it had not been finalised.
Mr. Hill stated he had not yet physically visited WINZ for a rent review but had made phone calls.
He admitted he did not submit a final termination letter from his employer to WINZ, which might delay adjustments to his rent rate or benefit level. My view
I acknowledge the strict government criteria for rental arrears. Even if there are no strict government criteria, section 40(1)(a) RTA requires Mr Hill to “pay the rent as and when it is due and payable under the tenancy agreement”.
From my understanding of the parties’ submissions, Mr Hill’s circumstances could be remedied if he urgently makes an appointment with WINZ. I urge Mr Hill to do this for his benefit and to avoid his tenancy being terminated.
The rent arrears would increase to $1,134 by 28 November 2024. Although the Tribunal Order only covers the arrears up to today (22 November 2024), I urge Mr Hill to seek WINZ assistance to cover the rent arrears up to 28 November 2024.
Accordingly, 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. Filing fee
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5007710 — Rent arrears at 3 Jolson Road, Mount Wellington, Auckland 1062

At a glance

Tenancy Tribunal case 5007710 — Rent arrears at 3 Jolson Road, Mount Wellington, Auckland 1062

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