What was Tenancy Tribunal case 5119570 about?

The tribunal order states: The Tribunal orders suppression of the Tenants’ name and identifying details.

How much money was awarded in case 5119570?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5119570?

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

Where can I read the official tribunal order for case 5119570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11388819-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5119570 about?

The tribunal order states: The Tribunal orders suppression of the Tenants’ name and identifying details.

How much money was awarded in case 5119570?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5119570?

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

Where can I read the official tribunal order for case 5119570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11388819-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5119570 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the hearing which was held in person.

This is a social housing tenancy which began on 2 July 2009. The tenants live at the property together with their seven children, one of whom has a disability. At the date of the application weekly rent was $778.00 per week but that rent increased to $899.00 on 21 January 2025.

The landlord has applied for an order for termination of the tenancy (or in the alternative a conditional termination order) on the basis that rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided a rent summary showing arrears in the amount of $5,632.92 at the date of the application on 23 December 2024.

On reviewing the file I note that the landlord had previously made an application (4880901) in respect of rent arrears owing in this tenancy to 20 June 2024. At that stage the arrears were $10,157.42.

The landlord and tenant attended mediation on 18 June 2024 in respect of that application and agreed to the following mediated order which was sealed by Adjudicator King on 20 June 2024: 1) The total debt is $10,157.42 being rent owing as at Thursday 20 June 2024. 2) [The tenants] agree to pay Kāinga Ora-Homes and Communities the debt by weekly payments of $850.00 being $778.00 for current weekly rent plus an extra $72.00 for the arrears. These payments shall begin on Friday 21 June 2024 and shall continue to be paid weekly on a Friday until all the arrears have been paid in full. 3) All money paid will go first to current rent and then to arrears. 4) If any payment of current rent or debt specified in order 1) above is not made within two working days of the due date as indicated in order 2) above, the remaining arrears will be due and payable in full immediately and is enforceable by the Collections Unit at a District Court or by a Debt Collection Agency. Any court enforcement fee will be added to the balance owing. 5) Order 4) applies until the debt is fully repaid.

The landlord says that the tenant has been late with some payments and that as the rent is more than 21 days in arrears they now seek an order for termination or a conditional termination order.

The tenants explained that they have done their very best to comply with the mediated order. Mr [tenant] explained that his wife has been very unwell and unable to work and that he is working three jobs to try to keep up with the payments. He said that they may have been late with and missed some payments but have made several lump sum payments to catch up including making payment of their entire life savings of approximately $4,700.00.

I do not consider that the landlord is entitled to a termination order (conditional or otherwise). The landlord already has a mediated order in respect of arrears owing to 20 June 2024. A mediated order is an order of the Tribunal. The landlord cannot come back to the Tribunal to seek a different remedy in respect of the same arrears 1 .

As explained at the hearing today, I am only able to consider making a termination order in respect of further arrears that may have accrued since 20 June 2024. However after carefully reviewing the landlord’s rent summary I note that from 21 June 2024 to today’s date: 1 See Henderson v Henderson [1843] 3 Hare 100 and Marks v Robb [2021] NZTT 4282507, a. The tenants were required to make total payments of $27,442.00 made up as follows: i. 30 payments of rent at $778.00 per week and two payments of rent at $899.00 per week (a total of $25,138.00); ii. 32 payments towards the debt (previously awarded arrears) of $72.00 per week (a total of $2,304.00); b. The tenants have made total payments of $29,447.08 2 .

It appears that the tenants are well ahead of their required payments. There are no new arrears. As all payments are to be credited first to rent, and then to the debt, the tenants’ rent would appear to be in credit.

The landlord’s application is dismissed. Matters going forward

The tenants will need to continue paying rent as it falls due together with an additional payment towards the debt of $72.00 per week as set out in the mediate order.

I note that the landlord had served the tenants with a notice increasing rent on 24 December 2024 advising that their rent would be $899.00 per week effective 21 January 2025. However the notice incorrectly recorded that the tenants had agreed to pay $144.00 per week towards their previous debt.

At the hearing today the landlord’s representative confirmed that the amount stated in the notice was incorrect. The additional amount that the tenants must pay towards their previous debt remains as set out in the mediated order, being $72.00 per week. Name suppression

The landlord’s application has been dismissed and accordingly the tenant has been the successful party. They are entitled to an order for name suppression pursuant to Section 95A RTA.

Reasons

Both parties attended the hearing which was held in person.

The landlord provided a rent summary showing arrears in the amount of $5,632.92 at the date of the application on 23 December 2024.

The landlord says that the tenant has been late with some payments and that as the rent is more than 21 days in arrears they now seek an order for termination or a conditional termination order.

The landlord’s application is dismissed. Matters going forward

The tenants will need to continue paying rent as it falls due together with an additional payment towards the debt of $72.00 per week as set out in the mediate order.

The landlord’s application has been dismissed and accordingly the tenant has been the successful party. They are entitled to an order for name suppression pursuant to Section 95A RTA.

Tenancy Tribunal case 5119570 — Rent arrears

At a glance

Tenancy Tribunal case 5119570 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions