What was the outcome of Tenancy Tribunal case 5097569?

The tribunal order states: Matewai Miriama Davis owes Kāinga Ora–Homes And Communities

How much money was awarded in case 5097569?

Being: $1,220.00 awarded to landlord; For Rent And: $120.00 awarded to landlord

What type of tenancy dispute was case 5097569?

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

Where can I read the official tribunal order for case 5097569?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11310079-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5097569?

The tribunal order states: Matewai Miriama Davis owes Kāinga Ora–Homes And Communities

How much money was awarded in case 5097569?

Being: $1,220.00 awarded to landlord; For Rent And: $120.00 awarded to landlord

What type of tenancy dispute was case 5097569?

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

Where can I read the official tribunal order for case 5097569?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11310079-Tenancy_Tribunal_Order.pdf.

90 Hewer Crescent, Naenae, Lower Hutt 5011 Tenancy Tribunal Case 5097569 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5097569. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$1,220.00		being
for rent and	$120.00		for rent and

Matewai Miriama Davis owes Kāinga Ora–Homes And Communities $24,379.00 (“the debt”) being rent arrears to 27 January 2025.

Matewai Miriama Davis must pay rent and the debt as follows: a. By fortnightly payments of $1,340.00, being $1,220.00 for rent and $120.00 for the debt. b. Payments will be every other Tuesday, with the first payment on 28/01/2025 and continuing until the debt is paid.

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 90 Hewer Crescent, Naenae, Lower Hutt 5011 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing, conducted via teleconference.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord wants to provide the tenant with a chance 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.

Given the stance of the landlord regarding the preference for a conditional order, and the tenant explanation regarding impacting events last year, 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.

After the hearing, the tenant realised an error in her fortnightly pay cycle and requested via the Registry that the conditional terms be amended to reflect that. This order had yet to be finalised so after written agreement from the landlord, the terms in this order are varied from those agreed at the hearing. Suppression

Section 95A RTA states the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

At the hearing, the landlord requested suppression of the tenant details, on her behalf. I explained suppression to the tenant and she confirmed she would prefer suppression. I also explained the need to balance the understandable tenant desire for name suppression, and the legitimate public interest in accessing Tribunal orders such as this. While the landlord believes the tenant interest outweighs public interest (in what appears a blanket approach to such applications), having considered the facts here I decline any name suppression. The tenancy continues and this presents Matewai with the opportunity to turnaround and assuage what has been a historic issue of rent arrears.

Order

Claims and awards in Tenancy Tribunal application 5097569. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$1,220.00		being
for rent and	$120.00		for rent and

Matewai Miriama Davis owes Kāinga Ora–Homes And Communities $24,379.00 (“the debt”) being rent arrears to 27 January 2025.

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

Reasons

Both parties attended the hearing, conducted via teleconference.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord wants to provide the tenant with a chance to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Tenancy Tribunal case 5097569 — Rent arrears at 90 Hewer Crescent, Naenae, Lower Hutt 5011

At a glance

Tenancy Tribunal case 5097569 — Rent arrears at 90 Hewer Crescent, Naenae, Lower Hutt 5011

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