What was the outcome of Tenancy Tribunal case 5170131?

The tribunal order states: Kelly Jeanette Macleod owes Kāinga Ora–Homes and Communities $14,482.00

How much money was awarded in case 5170131?

The Income Related Rent She Is Asses…: $100.00 awarded to landlord

What type of tenancy dispute was case 5170131?

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

Where can I read the official tribunal order for case 5170131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11847806-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5170131?

The tribunal order states: Kelly Jeanette Macleod owes Kāinga Ora–Homes and Communities $14,482.00

How much money was awarded in case 5170131?

The Income Related Rent She Is Asses…: $100.00 awarded to landlord

What type of tenancy dispute was case 5170131?

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

Where can I read the official tribunal order for case 5170131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11847806-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 21 Strand Crescent, Naenae, Lower Hutt Tenancy Tribunal Case 5170131 — Rent arrears

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Unit/Flat Flat 2, 21 Strand Crescent, Naenae, Lower Hutt Tenancy Tribunal Case 5170131 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5170131. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
the income related rent she is assessed to pay, due on Wednesday 21 May 2025 and each Wednesday thereafter; and b. by pa	$100.00		the income related rent she is assessed to pay, due on Wednesday 21 May 2025 and each Wednesday thereafter; and b. by pa

Claims and awards for application 5170131. Verify on MoJ.

the income related rent she is assessed to pay, due on Wednesday 21 May 2025 and each Wednesday thereafter; and b. by pa

Amount: $100.00
Awarded to: Landlord
Reason: the income related rent she is assessed to pay, due on Wednesday 21 May 2025 and each Wednesday thereafter; and b. by pa

Order

Kelly Jeanette Macleod owes Kāinga Ora–Homes and Communities $14,482.00 (“the debt”) for rent and arrears to the end of the current rent week, ending Tuesday 20 May 2025.
Kelly Jeanette Macleod must pay rent and make payments to reduce the debt, until the debt has been fully repaid, as follows: a. by paying the income related rent she is assessed to pay, due on Wednesday 21 May 2025 and each Wednesday thereafter; and b. by paying $100.00 per week towards the debt on Wednesday 21 May 2025 and each Wednesday thereafter.
Payments will be allocated first to rent and then to rent arrears.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates specified in Order 2: a. the tenancy at Unit/Flat Flat 2, 21 Strand 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 which was held by teleconference.
The landlord has applied for termination of the tenancy and rent arrears and has provided rent records which prove the amount owing.
The tenant wants 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.
The tenant says that her current weekly rent of $557.00 should have been reassessed because she is now receiving a benefit. A WINZ rent reassessment has not been received by the landlord.
The landlord agrees that if the tenant pays $100.00 per week towards the arrears, in addition to her assessed weekly rental, the amount of which is not known today, a conditional rather than immediate termination Order should be made.
As that outcome would allow the tenancy to continue without the current debt increasing and to be repaid over time, it is an Order I am prepared to make. I am satisfied that the landlord has taken reasonable steps to mitigate the debt accumulation, including engaging in mediation with the tenant and trying to work with her to manage the situation.
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.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5170131. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
the income related rent she is assessed to pay, due on Wednesday 21 May 2025 and each Wednesday thereafter; and b. by pa	$100.00		the income related rent she is assessed to pay, due on Wednesday 21 May 2025 and each Wednesday thereafter; and b. by pa

Claims and awards for application 5170131. Verify on MoJ.

the income related rent she is assessed to pay, due on Wednesday 21 May 2025 and each Wednesday thereafter; and b. by pa

Amount: $100.00
Awarded to: Landlord
Reason: the income related rent she is assessed to pay, due on Wednesday 21 May 2025 and each Wednesday thereafter; and b. by pa

Order

Kelly Jeanette Macleod owes Kāinga Ora–Homes and Communities $14,482.00 (“the debt”) for rent and arrears to the end of the current rent week, ending Tuesday 20 May 2025.
Kelly Jeanette Macleod must pay rent and make payments to reduce the debt, until the debt has been fully repaid, as follows: a. by paying the income related rent she is assessed to pay, due on Wednesday 21 May 2025 and each Wednesday thereafter; and b. by paying $100.00 per week towards the debt on Wednesday 21 May 2025 and each Wednesday thereafter.
Payments will be allocated first to rent and then to rent arrears.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates specified in Order 2: a. the tenancy at Unit/Flat Flat 2, 21 Strand 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 which was held by teleconference.
The landlord has applied for termination of the tenancy and rent arrears and has provided rent records which prove the amount owing.
The tenant wants 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.
The tenant says that her current weekly rent of $557.00 should have been reassessed because she is now receiving a benefit. A WINZ rent reassessment has not been received by the landlord.
The landlord agrees that if the tenant pays $100.00 per week towards the arrears, in addition to her assessed weekly rental, the amount of which is not known today, a conditional rather than immediate termination Order should be made.
As that outcome would allow the tenancy to continue without the current debt increasing and to be repaid over time, it is an Order I am prepared to make. I am satisfied that the landlord has taken reasonable steps to mitigate the debt accumulation, including engaging in mediation with the tenant and trying to work with her to manage the situation.
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.

Tenancy Tribunal case 5170131 — Rent arrears at Unit/Flat Flat 2, 21 Strand Crescent, Naenae, Lower Hutt

At a glance

Tenancy Tribunal case 5170131 — Rent arrears at Unit/Flat Flat 2, 21 Strand Crescent, Naenae, Lower Hutt

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