What was Tenancy Tribunal case 5078368 about?

The tribunal order states: The tenancy of [The tenant/s] and [The tenant/s] at 18 Brown Grove, Ranui,

How much money was awarded in case 5078368?

Rent Arrears: $30,941.50 awarded to landlord

What type of tenancy dispute was case 5078368?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5078368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11240429-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5078368 about?

The tribunal order states: The tenancy of [The tenant/s] and [The tenant/s] at 18 Brown Grove, Ranui,

How much money was awarded in case 5078368?

Rent Arrears: $30,941.50 awarded to landlord

What type of tenancy dispute was case 5078368?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5078368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11240429-Tenancy_Tribunal_Order.pdf.

18 Brown Grove, Ranui, Porirua 5024 Tenancy Tribunal Case 5078368 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5078368 — net $30,941.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17.1.2025	$30,941.50	Rent arrears to 17.1.2025
Net award	$30,941.50
Total payable by Tenant to Landlord	$30,941.50

The tenancy of [The tenant/s] and [The tenant/s] at 18 Brown Grove, Ranui, Porirua 5024 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11:59pm on Friday 17 January 2025.

[The tenant/s] and [The tenant/s] are to pay Kāinga Ora–Homes And Communities $30,941.50, immediately, calculated as shown in the table below.

This order replaces the mediator’s order in application #4788518 dated 20 February 2024 and sealed on 19 April 2024.

Reasons

Ms Thompson-Wise, representing the landlord, and Mrs Lautafi, representing the tenants, both attended the teleconference hearing.

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

During the hearing, the landlord said they were willing to consider a conditional termination order being made. The tenant wanted to opportunity to repay the debt and retain the tenancy.

Section 55(1A) Residential Tenancies Act 1986 (”RTA”) provides that the Tribunal may make a conditional termination order rather than a final termination order only if it is satisfied that the tenant will pay any rent in arrears within a period specified by the Tribunal and that it is unlikely that the tenant will commit any further breach of rent payment.

The landlord filed an earlier application which resulted in a mediator’s order in application #4788518, dated 20 February 2024, allowing for the tenants to repay the rent arrears and current debt. However, the tenants did not comply with the terms of this mediator’s order, within a short period after the mediator’s order was made.

The landlord said that, over the last 5 years they have tried to engage with the tenants a total of 71 times via texts, calls, meetings, visits, to attempt to sort out payment of the rent arrears with the tenants, without success. The landlord said that, more recently, a meeting with the tenants scheduled for 25 September 2024 was rescheduled to 4 October 2024 by the tenants, who then did not show up to the meeting on 4 October 2024.

The landlord issued 2 section 56 RTA notices to the tenants to remedy the rent arrears, dated 8 January 2024 and 13 February 2024, neither of which were remedied by the tenants.

The tenant said she and her husband are both working. She said they have had health issues, which have impacted on their ability to work, especially last year. However, I note there are several periods in the rent summary, going back to 2022, where the tenants have not paid any rent for several weeks at a time.

I am not satisfied from the evidence provided, as outlined above, that the tenants are unlikely to commit any further breach of rent payment, nor of their ability to repay the rent arrears owing, which are a significant amount. Therefore, I do not make a conditional termination order.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

Given the holiday season which is imminent, and which can present challenges in finding another tenancy, I have given the tenants more time than usual to vacate the tenancy.

The landlord provided rent records showing that the rent arrears owing to 24 December 2024 are $28,877.50. Weekly rent is $602 so daily rent is $86.00. A further 24 days of rent @ $86.00/day is payable from 25 December 2024 to 17 January 2025, for a sub-total of $2,064.00. Therefore, the tenants owe the landlord a total of $30,941.50 in rent to 17 January 2025, which is the end of the tenancy.

This order replaces the mediator’s order in application #4788518 dated 20 February 2024 and sealed on 19 April 2024. Suppression

The tenant requested name suppression. The tenant has not been successful with the claim. Section 95A(4) RTA provides that the Tribunal may grant name suppression where a party’s interests outweigh the public interest in publishing a party’s name.

There was no evidence provided by the tenant as to why their interests outweighed the public interest in publishing their names. The interests of justice being public, especially where there is such a significant amount of rent arrears, I find, means that the public interest here outweigh the interests of the tenants in these circumstances. Therefore, I do not grant name suppression.

Claims and awards in Tenancy Tribunal application 5078368 — net $30,941.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17.1.2025	$30,941.50	Rent arrears to 17.1.2025
Net award	$30,941.50
Total payable by Tenant to Landlord	$30,941.50

Order

The tenancy of [The tenant/s] and [The tenant/s] at 18 Brown Grove, Ranui, Porirua 5024 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11:59pm on Friday 17 January 2025.
[The tenant/s] and [The tenant/s] are to pay Kāinga Ora–Homes And Communities $30,941.50, immediately, calculated as shown in the table below.
This order replaces the mediator’s order in application #4788518 dated 20 February 2024 and sealed on 19 April 2024.

Reasons

Ms Thompson-Wise, representing the landlord, and Mrs Lautafi, representing the tenants, both attended the teleconference hearing.
The landlord has applied for termination of the tenancy and rent arrears.
During the hearing, the landlord said they were willing to consider a conditional termination order being made. The tenant wanted to opportunity to repay the debt and retain the tenancy.
Section 55(1A) Residential Tenancies Act 1986 (”RTA”) provides that the Tribunal may make a conditional termination order rather than a final termination order only if it is satisfied that the tenant will pay any rent in arrears within a period specified by the Tribunal and that it is unlikely that the tenant will commit any further breach of rent payment.
The landlord filed an earlier application which resulted in a mediator’s order in application #4788518, dated 20 February 2024, allowing for the tenants to repay the rent arrears and current debt. However, the tenants did not comply with the terms of this mediator’s order, within a short period after the mediator’s order was made.
The landlord said that, over the last 5 years they have tried to engage with the tenants a total of 71 times via texts, calls, meetings, visits, to attempt to sort out payment of the rent arrears with the tenants, without success. The landlord said that, more recently, a meeting with the tenants scheduled for 25 September 2024 was rescheduled to 4 October 2024 by the tenants, who then did not show up to the meeting on 4 October 2024.
The landlord issued 2 section 56 RTA notices to the tenants to remedy the rent arrears, dated 8 January 2024 and 13 February 2024, neither of which were remedied by the tenants.
The tenant said she and her husband are both working. She said they have had health issues, which have impacted on their ability to work, especially last year. However, I note there are several periods in the rent summary, going back to 2022, where the tenants have not paid any rent for several weeks at a time.
I am not satisfied from the evidence provided, as outlined above, that the tenants are unlikely to commit any further breach of rent payment, nor of their ability to repay the rent arrears owing, which are a significant amount. Therefore, I do not make a conditional termination order.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
Given the holiday season which is imminent, and which can present challenges in finding another tenancy, I have given the tenants more time than usual to vacate the tenancy.
The landlord provided rent records showing that the rent arrears owing to 24 December 2024 are $28,877.50. Weekly rent is $602 so daily rent is $86.00. A further 24 days of rent @ $86.00/day is payable from 25 December 2024 to 17 January 2025, for a sub-total of $2,064.00. Therefore, the tenants owe the landlord a total of $30,941.50 in rent to 17 January 2025, which is the end of the tenancy.
This order replaces the mediator’s order in application #4788518 dated 20 February 2024 and sealed on 19 April 2024. Suppression
The tenant requested name suppression. The tenant has not been successful with the claim. Section 95A(4) RTA provides that the Tribunal may grant name suppression where a party’s interests outweigh the public interest in publishing a party’s name.
There was no evidence provided by the tenant as to why their interests outweighed the public interest in publishing their names. The interests of justice being public, especially where there is such a significant amount of rent arrears, I find, means that the public interest here outweigh the interests of the tenants in these circumstances. Therefore, I do not grant name suppression.

Tenancy Tribunal case 5078368 — Rent arrears at 18 Brown Grove, Ranui, Porirua 5024

At a glance

Tenancy Tribunal case 5078368 — Rent arrears at 18 Brown Grove, Ranui, Porirua 5024

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions