What was the outcome of Tenancy Tribunal case 5070821?

The tribunal order states: The tenancy of SINA FROST at 2A Rautawhiri Road, Helensville, Helensville

How much money was awarded in case 5070821?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5070821?

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

Where can I read the official tribunal order for case 5070821?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11232517-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5070821?

The tribunal order states: The tenancy of SINA FROST at 2A Rautawhiri Road, Helensville, Helensville

How much money was awarded in case 5070821?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5070821?

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

Where can I read the official tribunal order for case 5070821?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11232517-Tenancy_Tribunal_Order.pdf.

2A Rautawhiri Road, Helensville, Helensville 0800 Tenancy Tribunal Case 5070821 — Rent arrears

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Order

The tenancy of SINA FROST at 2A Rautawhiri Road, Helensville, Helensville 0800 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59 pm on Wednesday 15 January 2025.

SINA FROST must pay Kāinga Ora–Homes And Communities $9,530.00 immediately, being rent arrears to 17 December 2024.

Reasons

Both parties attended the hearing which was held by teleconference.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

The landlord provided rent records which prove the amount owing at 17 December 2024 is $9,530.00.

Should a conditional termination order be made?

The landlord sought a conditional termination.

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.

Rent has been in constant arrears since early 2021 and is a substantial amount.

If I were to order a conditional termination based on the tenant paying an extra $25.00 per week on top of her currently assessed rent, there would be a period of four years over which Kainga Ora could terminate the tenancy immediately for any relevant breach of the Order.

The wording of the relevant sections indicates to me that it is intended that tenancy terminations should be ordered by the Tenancy Tribunal and not by landlords.

I cannot be satisfied the tenant will pay the debt within a specified period without committing any further relevant breach.

I have declined to grant a conditional termination order.

Rent was at least 21 days in arrears on the date the application was filed. The landlord provided rent records which prove the amount owing.

I note that during the hearing, the landlord indicated that if the rent arrears is cleared before the termination date, the landlord may not seek enforcement of the termination order.

Order

SINA FROST must pay Kāinga Ora–Homes And Communities $9,530.00 immediately, being rent arrears to 17 December 2024.

Reasons

Both parties attended the hearing which was held by teleconference.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

The landlord provided rent records which prove the amount owing at 17 December 2024 is $9,530.00.

Should a conditional termination order be made?

The landlord sought a conditional termination.

Rent has been in constant arrears since early 2021 and is a substantial amount.

The wording of the relevant sections indicates to me that it is intended that tenancy terminations should be ordered by the Tenancy Tribunal and not by landlords.

I cannot be satisfied the tenant will pay the debt within a specified period without committing any further relevant breach.

I have declined to grant a conditional termination order.

Rent was at least 21 days in arrears on the date the application was filed. The landlord provided rent records which prove the amount owing.

I note that during the hearing, the landlord indicated that if the rent arrears is cleared before the termination date, the landlord may not seek enforcement of the termination order.

Tenancy Tribunal case 5070821 — Rent arrears at 2A Rautawhiri Road, Helensville, Helensville 0800

At a glance

Tenancy Tribunal case 5070821 — Rent arrears at 2A Rautawhiri Road, Helensville, Helensville 0800

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions