What was Tenancy Tribunal case 5060369 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5060369?

Rent Arrears: $9,498.00 awarded to landlord

What type of tenancy dispute was case 5060369?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5060369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11208213-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5060369 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5060369?

Rent Arrears: $9,498.00 awarded to landlord

What type of tenancy dispute was case 5060369?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5060369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11208213-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 105 Hutchinson Avenue, New Lynn, Auckland Tenancy Tribunal Case 5060369 — Rent arrears

Claims and awards in Tenancy Tribunal application 5060369 — net $9,498.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/12/2024	$9,498.00	Rent arrears to 19/12/2024
Net award	$9,498.00
Total payable by Tenant to Landlord	$9,498.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s names and identifying details.
[The tenant/s] owes Kāinga Ora–Homes And Communities $9,498.00 (“the debt”).
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $426.00, being $406.00 for rent and $20.00 for the debt. b. Payments will be every Thursday, with the first payment on 19/12/2024 and continuing until 19/01/2034. c. To avoid any uncertainty the tenant must pay $20 towards the rent debt in addition to the income related rent that she must pay as calculated by MSD.
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 1, 105 Hutchinson Avenue, New Lynn, Auckland 0600 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, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
The tenant disputes the amount of rent debt that the applicant says is owing and points to an earlier mediated Tribunal order dated 23 February 2023 where the weekly rent was confirmed at $226 and she agreed to pay an additional $10 towards the debt in addition to the weekly rent.
What was not stated in that order, was that the debt repayment of $10 was in addition to the income related rent that the applicant must charge its tenants as per advice it receives from MSD. From 1 March 2023 the tenants rent increased, and her rent debt has also increased because she did not adjust her payments to the new rent plus an additional $10 towards the debt. The applicant said that both MSD and its housing manager had notified the tenant of the rent increase on 1 February 2024, although it appears the mediator was not aware that the rent had increased. This process is not an appeal process in relation to that mediated order.
I am satisfied that the current rent summary accurately records the income related rent (IRR) that the applicant must charge its tenants, and that it must do this in accordance with advice it receives from MDS.
The landlord submitted that the MSD process in setting the IRR has nothing to do with the landlord and the landlord has no control over the IRR and whether the rent charged is fair.
The landlord needs to prove the debt owing, which is why the application was filed. The landlord said any review in favour of the tenant would be considered and the debt reduced, if that is indicated.
The setting of rent by MSD is done pursuant to the Public and Community Housing Management Act 1992, formerly known as the Housing Restructuring and Tenancy Matters Act 1992.
Any appeal or review of the IRR set by MSD is done pursuant to the same Act. See sections 132 -135, which set out the appeal process for anyone who disagrees with a decision made under Part 9 of the Public and Community Housing Management Act 1992.
Part 9 sets out the process for assessing housing eligibility, assessable income and IRR.
There is reference to the RTA in section 132 which states –“Nothing in this section and sections 133 to 135, or in any regulations made under section 136, limits or affects the rights of any tenant of social housing, or of any social housing provider as landlord, under the Residential Tenancies Act 1986”.
While this section preserves the rights of landlords and tenants under the RTA, it does not mean that that the Tenancy Tribunal has the jurisdiction to make orders against MSD.
Section 77 of the RTA, which sets out the jurisdiction of the Tribunal, does not include decisions made by MSD or about IRR.
I find the tenant’s recourse is to use the appeal provisions in the Public and Community Housing Management Act 1992.
In short, the Tenancy Tribunal has no jurisdiction to make orders against MSD or to join MSD as a party as the tenant requested.

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.
Name suppression is approved as the order is made by agreement.

Claims and awards in Tenancy Tribunal application 5060369 — net $9,498.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/12/2024	$9,498.00	Rent arrears to 19/12/2024
Net award	$9,498.00
Total payable by Tenant to Landlord	$9,498.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s names and identifying details.
[The tenant/s] owes Kāinga Ora–Homes And Communities $9,498.00 (“the debt”).
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $426.00, being $406.00 for rent and $20.00 for the debt. b. Payments will be every Thursday, with the first payment on 19/12/2024 and continuing until 19/01/2034. c. To avoid any uncertainty the tenant must pay $20 towards the rent debt in addition to the income related rent that she must pay as calculated by MSD.
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 1, 105 Hutchinson Avenue, New Lynn, Auckland 0600 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, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
The tenant disputes the amount of rent debt that the applicant says is owing and points to an earlier mediated Tribunal order dated 23 February 2023 where the weekly rent was confirmed at $226 and she agreed to pay an additional $10 towards the debt in addition to the weekly rent.
What was not stated in that order, was that the debt repayment of $10 was in addition to the income related rent that the applicant must charge its tenants as per advice it receives from MSD. From 1 March 2023 the tenants rent increased, and her rent debt has also increased because she did not adjust her payments to the new rent plus an additional $10 towards the debt. The applicant said that both MSD and its housing manager had notified the tenant of the rent increase on 1 February 2024, although it appears the mediator was not aware that the rent had increased. This process is not an appeal process in relation to that mediated order.
I am satisfied that the current rent summary accurately records the income related rent (IRR) that the applicant must charge its tenants, and that it must do this in accordance with advice it receives from MDS.
The landlord submitted that the MSD process in setting the IRR has nothing to do with the landlord and the landlord has no control over the IRR and whether the rent charged is fair.
The landlord needs to prove the debt owing, which is why the application was filed. The landlord said any review in favour of the tenant would be considered and the debt reduced, if that is indicated.
The setting of rent by MSD is done pursuant to the Public and Community Housing Management Act 1992, formerly known as the Housing Restructuring and Tenancy Matters Act 1992.
Any appeal or review of the IRR set by MSD is done pursuant to the same Act. See sections 132 -135, which set out the appeal process for anyone who disagrees with a decision made under Part 9 of the Public and Community Housing Management Act 1992.
Part 9 sets out the process for assessing housing eligibility, assessable income and IRR.
There is reference to the RTA in section 132 which states –“Nothing in this section and sections 133 to 135, or in any regulations made under section 136, limits or affects the rights of any tenant of social housing, or of any social housing provider as landlord, under the Residential Tenancies Act 1986”.
While this section preserves the rights of landlords and tenants under the RTA, it does not mean that that the Tenancy Tribunal has the jurisdiction to make orders against MSD.
Section 77 of the RTA, which sets out the jurisdiction of the Tribunal, does not include decisions made by MSD or about IRR.
I find the tenant’s recourse is to use the appeal provisions in the Public and Community Housing Management Act 1992.
In short, the Tenancy Tribunal has no jurisdiction to make orders against MSD or to join MSD as a party as the tenant requested.

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.
Name suppression is approved as the order is made by agreement.

Tenancy Tribunal case 5060369 — Rent arrears at Unit/Flat 1, 105 Hutchinson Avenue, New Lynn, Auckland

At a glance

Tenancy Tribunal case 5060369 — Rent arrears at Unit/Flat 1, 105 Hutchinson Avenue, New Lynn, Auckland

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