What was the outcome of Tenancy Tribunal case 5118848?

The tribunal order states: Selena Kirilee Forbes owes Kāinga Ora–Homes And Communities $3,574.99

How much money was awarded in case 5118848?

Being: $159.00 awarded to landlord; For Rent And: $21.00 awarded to landlord

What type of tenancy dispute was case 5118848?

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

Where can I read the official tribunal order for case 5118848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11344950-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5118848?

The tribunal order states: Selena Kirilee Forbes owes Kāinga Ora–Homes And Communities $3,574.99

How much money was awarded in case 5118848?

Being: $159.00 awarded to landlord; For Rent And: $21.00 awarded to landlord

What type of tenancy dispute was case 5118848?

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

Where can I read the official tribunal order for case 5118848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11344950-Tenancy_Tribunal_Order.pdf.

8 Kentucky Crescent, Nawton, Hamilton 3200 Tenancy Tribunal Case 5118848 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5118848. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$159.00		being
for rent and	$21.00		for rent and

Selena Kirilee Forbes owes Kāinga Ora–Homes And Communities $3,574.99 (“the debt”), being rent arrears to 29 January 2025.

Selena Kirilee Forbes must pay rent and the debt by weekly payments of $180.00, being $159.00 for rent and $21.00 for the debt. Payments will be every Thursday, with the first payment on 30 January 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 8 Kentucky Crescent, Nawton, Hamilton 3200 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. Mr Jason van Gent appeared for the landlord.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord wants to offer the tenant an opportunity to repay the debt to avoid immediate termination. The tenant is motivated to grasp this opportunity.

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 should have the opportunity to pay the debt within the terms specified in this order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.

There have been historic problems with rent payments by the tenant. A healthy and honest discussion ensued at the hearing and the tenant has undertaken to immediately commence the process of completing a AOB form with the landlord. This will provide a better structure for rent payments going forward.

Mr van Gent also provided some good advice to the tenant on how best to ensure any future attempted communication with the landlord is successful and recorded.

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. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, 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.

The landlord did not request suppression in its application and no landlord name suppression is ordered.

The landlord did make what appears to be a blanket request for tenant name suppression. There were no specific reasons provided for this request apart from a belief “the privacy of our tenant outweighs the public interest in this matter”. Respectfully, the public interest in orders where termination by order is a possibility being available (as is the default) is such that some special reason should exist for any order of tenant suppression. No suppression order is made.

Claims and awards in Tenancy Tribunal application 5118848. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$159.00		being
for rent and	$21.00		for rent and

Order

Selena Kirilee Forbes owes Kāinga Ora–Homes And Communities $3,574.99 (“the debt”), being rent arrears to 29 January 2025.
Selena Kirilee Forbes must pay rent and the debt by weekly payments of $180.00, being $159.00 for rent and $21.00 for the debt. Payments will be every Thursday, with the first payment on 30 January 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 8 Kentucky Crescent, Nawton, Hamilton 3200 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. Mr Jason van Gent appeared for the landlord.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord wants to offer the tenant an opportunity to repay the debt to avoid immediate termination. The tenant is motivated to grasp this opportunity.

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 should have the opportunity to pay the debt within the terms specified in this order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
There have been historic problems with rent payments by the tenant. A healthy and honest discussion ensued at the hearing and the tenant has undertaken to immediately commence the process of completing a AOB form with the landlord. This will provide a better structure for rent payments going forward.
Mr van Gent also provided some good advice to the tenant on how best to ensure any future attempted communication with the landlord is successful and recorded.
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. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, 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.
The landlord did not request suppression in its application and no landlord name suppression is ordered.
The landlord did make what appears to be a blanket request for tenant name suppression. There were no specific reasons provided for this request apart from a belief “the privacy of our tenant outweighs the public interest in this matter”. Respectfully, the public interest in orders where termination by order is a possibility being available (as is the default) is such that some special reason should exist for any order of tenant suppression. No suppression order is made.

Tenancy Tribunal case 5118848 — Rent arrears at 8 Kentucky Crescent, Nawton, Hamilton 3200

At a glance

Tenancy Tribunal case 5118848 — Rent arrears at 8 Kentucky Crescent, Nawton, Hamilton 3200

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