How much money was awarded in case 5028168?

Rent Arrears: $1,119.00 awarded to landlord

What type of tenancy dispute was case 5028168?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5028168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11665332-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5028168?

Rent Arrears: $1,119.00 awarded to landlord

What type of tenancy dispute was case 5028168?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5028168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11665332-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5028168 — Rent arrears

Q: What was Tenancy Tribunal case 5028168 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

Order

Claims and awards in Tenancy Tribunal application 5028168 — net $1,119.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 07 April 2025	$1,119.00	Rent arrears to 07 April 2025
Net award	$1,119.00
Total payable by Tenant to Landlord	$1,119.00

The Tribunal orders suppression of the tenant’s name and identifying details.

[The tenant/s] owes Kāinga Ora–Homes And Communities $1,119.00 (rent arrears to 07 April 2025 “the debt”).

[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $93.00, being $88.00 for rent and $5.00 for the debt. b. Payments will be every Thursday, with the first payment on 03/04/2025.

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

If the tenant fails to pay rent and rent arrears within 2 working days of the due date: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

On 08 October 2024, the landlord filed an application for rent arrears. On 11 December 2024, the application was scheduled for a telephone hearing on 24 February 2025. On that date, the landlord appeared, but the tenant did not. The landlord advised that the tenant might not be able to participate in a phone hearing. As a result, the matter was adjourned for an in-person hearing. The landlord amended the application to a conditional termination for rent arrears. A notice of hearing and details of the amended claim were sent to the tenant at the property’s address.

Ms Thompson – Wise, who appears for the landlord, has advised that the tenant’s case worker has reminded the tenant of today’s hearing. I am satisfied that it is appropriate to proceed, and the hearing has continued in the tenant’s absence.

Should a conditional termination order be made?

Under section 55(1)(a) of the Residential Tenancies Act 1986 (The “Act”), where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final termination order, or under section 55(1A), a conditional termination order.

The rent summary dates back to the commencement of the tenancy on 25 November 2019. The summary shows that the tenant first fell into arrears between May 2022 and Jan 2023, when there were several missed payments. However, since then the tenant has made regular weekly rent payments along with and extra five dollars towards the arrears.

Earlier this year, an adjustment reduced the arrears, and the tenant has continued to make slow but steady progress in reducing the outstanding balance.

The landlord is seeking a conditional termination order, which would formalise the existing payment agreement between the parties, but with the added condition that, if breached, the landlord may end the tenancy without further application.

At the time the application was amended the rent was more than 21 days in arrears. There are grounds to order immediate termination.

However, having heard from the landlord and considered the rent summary, 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. Accordingly, 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) of the Act.

The landlord does not seek reimbursement of the filing fee or name suppression.

Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.

The tenancy continues subject to the terms of the conditional order. While the facts and reasoning are in the public interest, in the circumstances, I do not consider that the interest extends to the publication of the tenant’s name. I am satisfied there are sufficient grounds to grant name suppression. Accordingly, the tenant’s name and address of the property are suppressed.

Claims and awards in Tenancy Tribunal application 5028168 — net $1,119.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 07 April 2025	$1,119.00	Rent arrears to 07 April 2025
Net award	$1,119.00
Total payable by Tenant to Landlord	$1,119.00

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] owes Kāinga Ora–Homes And Communities $1,119.00 (rent arrears to 07 April 2025 “the debt”).
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $93.00, being $88.00 for rent and $5.00 for the debt. b. Payments will be every Thursday, with the first payment on 03/04/2025.
Payments will be allocated in the following order: rent and rent arrears.
If the tenant fails to pay rent and rent arrears within 2 working days of the due date: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

On 08 October 2024, the landlord filed an application for rent arrears. On 11 December 2024, the application was scheduled for a telephone hearing on 24 February 2025. On that date, the landlord appeared, but the tenant did not. The landlord advised that the tenant might not be able to participate in a phone hearing. As a result, the matter was adjourned for an in-person hearing. The landlord amended the application to a conditional termination for rent arrears. A notice of hearing and details of the amended claim were sent to the tenant at the property’s address.
Ms Thompson – Wise, who appears for the landlord, has advised that the tenant’s case worker has reminded the tenant of today’s hearing. I am satisfied that it is appropriate to proceed, and the hearing has continued in the tenant’s absence.

Should a conditional termination order be made?

Under section 55(1)(a) of the Residential Tenancies Act 1986 (The “Act”), where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final termination order, or under section 55(1A), a conditional termination order.
The rent summary dates back to the commencement of the tenancy on 25 November 2019. The summary shows that the tenant first fell into arrears between May 2022 and Jan 2023, when there were several missed payments. However, since then the tenant has made regular weekly rent payments along with and extra five dollars towards the arrears.
Earlier this year, an adjustment reduced the arrears, and the tenant has continued to make slow but steady progress in reducing the outstanding balance.
The landlord is seeking a conditional termination order, which would formalise the existing payment agreement between the parties, but with the added condition that, if breached, the landlord may end the tenancy without further application.
At the time the application was amended the rent was more than 21 days in arrears. There are grounds to order immediate termination.
However, having heard from the landlord and considered the rent summary, 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. Accordingly, 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) of the Act.
The landlord does not seek reimbursement of the filing fee or name suppression.
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
The tenancy continues subject to the terms of the conditional order. While the facts and reasoning are in the public interest, in the circumstances, I do not consider that the interest extends to the publication of the tenant’s name. I am satisfied there are sufficient grounds to grant name suppression. Accordingly, the tenant’s name and address of the property are suppressed.

Tenancy Tribunal case 5028168 — Rent arrears

At a glance

Tenancy Tribunal case 5028168 — Rent arrears

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