What was the outcome of Tenancy Tribunal case 5213991?

The tribunal order states: Kerry Eugene Gates owes Kāinga Ora–Homes And Communities $4,482.58

How much money was awarded in case 5213991?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,455.58 awarded to landlord

What type of tenancy dispute was case 5213991?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5213991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11905746-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5213991?

The tribunal order states: Kerry Eugene Gates owes Kāinga Ora–Homes And Communities $4,482.58

How much money was awarded in case 5213991?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,455.58 awarded to landlord

What type of tenancy dispute was case 5213991?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5213991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11905746-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 2 Corin Avenue, Manurewa, Auckland 2102 Tenancy Tribunal Case 5213991 — Rent arrears

Claims and awards in Tenancy Tribunal application 5213991 — net $4,482.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 May 2025	$4,455.58	Rent arrears to 28 May 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,482.58
Total payable by Tenant to Landlord	$4,482.58

Order

Kerry Eugene Gates owes Kāinga Ora–Homes And Communities $4,482.58 (“the debt”), calculated as shown in the table below.
Kerry Eugene Gates must pay rent and the debt as follows: a. By 86 weekly payments of $578.00, being $526.00 for rent and $52.00 for the debt. b. A final payment of $536.58, being $526.00 for rent and $10.58 for the debt. c. Payments will be every Tuesday, with the first payment on 03/06/2025 and continuing until 26/01/2027.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 3, 2 Corin Avenue, Manurewa, Auckland 2102 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for termination of the tenancy and rent arrears.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

TERMINATION

The landlord’s application was filed on 26 March 2025. Rent arrears were $3,123.86 (41 days) on this date.
Where rent is more than 21 days in arrears on the date an application is filed, the Tribunal must terminate the tenancy. 1
The Tribunal has a discretion to make a conditional order for termination, rather than a final order, if it is satisfied that the tenant will pay any rent in arrear within a period specified by the Tribunal and is unlikely to commit any further relevant breach. 2
On the balance of probabilities, I find this to be an appropriate case where the Tribunal should make a conditional order for termination.
The landlord gave evidence that the tenant made a payment of $600.00 this morning. A close inspection of the rent summary submitted by the landlord shows that recently, the tenant has mostly been paying their rent when due. The landlord gave evidence that the tenant is in employment. The landlord requested the Tribunal to consider an order for conditional termination. 1 Residential Tenancies Act 1986, section 55(1)(a). 2 Residential Tenancies Act 1986, section 55(1A).
Despite the fact that the tenant is in rent arrears of $4,455.58 at the date of the hearing, the fact that they have paid $600.00 this morning, are in employment and have recently been paying their rent when due most of the time, means that I am convinced on the balance of probabilities that the tenant will pay the amount specified in this order and is unlikely to commit a 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 is enforceable for 90 days from the first breach. 3

RENT ARREARS

The landlord submitted a rent summary, which proves the tenant owes $4,455.58 in rent arrears up to 28 May 2025. The landlord’s claim for rent arrears is granted in full for this amount. FILING FEE & SUPPRESSION
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.
The landlord did not seek name suppression for themselves but asked the Tribunal to consider suppressing the tenant’s name.
I have a discretion to grant the tenant name suppression under section 95A(3) RTA. This section requires me to consider the interests of the parties and public. In Lewis v Wilson & Horton [2003] 3 NZLR 546 at paragraph 43, The Court of Appeal endorsed the approach taken in the High Court, which held: ...that the principle of open justice dictates that there should be no restriction on publication of information about a case ‘except in very special circumstances.’
The landlord submits that publication of the tenant’s name might jeopardise their ability to secure private rental accommodation in the future. That is because private landlords might see this order, which details the non-payment of rent by the tenant and choose not to enter into a tenancy with the tenant.
On the other hand, there is a public interest in prospective landlord’s knowing whether or not a prospective tenant pays their rent or falls into arrears. I consider this public interest to be high in a case such as this where the tenant is in arrears equivalent to 59 days at the date of the hearing. 3 Residential Tenancies Act 1986, section 64(4)(b).
The consequences referred to by the landlord are ordinary. They naturally flow from the tenant’s conduct and are not extraordinary or special.
I have considered the interests of the tenant and the public. In this case, I find the public’s interest in publication to outweigh the tenant’s interest in suppression and I decline to suppress the tenant’s name.

Claims and awards in Tenancy Tribunal application 5213991 — net $4,482.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 May 2025	$4,455.58	Rent arrears to 28 May 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,482.58
Total payable by Tenant to Landlord	$4,482.58

Order

Kerry Eugene Gates owes Kāinga Ora–Homes And Communities $4,482.58 (“the debt”), calculated as shown in the table below.
Kerry Eugene Gates must pay rent and the debt as follows: a. By 86 weekly payments of $578.00, being $526.00 for rent and $52.00 for the debt. b. A final payment of $536.58, being $526.00 for rent and $10.58 for the debt. c. Payments will be every Tuesday, with the first payment on 03/06/2025 and continuing until 26/01/2027.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 3, 2 Corin Avenue, Manurewa, Auckland 2102 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for termination of the tenancy and rent arrears.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

TERMINATION

The landlord’s application was filed on 26 March 2025. Rent arrears were $3,123.86 (41 days) on this date.
Where rent is more than 21 days in arrears on the date an application is filed, the Tribunal must terminate the tenancy. 1
The Tribunal has a discretion to make a conditional order for termination, rather than a final order, if it is satisfied that the tenant will pay any rent in arrear within a period specified by the Tribunal and is unlikely to commit any further relevant breach. 2
On the balance of probabilities, I find this to be an appropriate case where the Tribunal should make a conditional order for termination.
The landlord gave evidence that the tenant made a payment of $600.00 this morning. A close inspection of the rent summary submitted by the landlord shows that recently, the tenant has mostly been paying their rent when due. The landlord gave evidence that the tenant is in employment. The landlord requested the Tribunal to consider an order for conditional termination. 1 Residential Tenancies Act 1986, section 55(1)(a). 2 Residential Tenancies Act 1986, section 55(1A).
Despite the fact that the tenant is in rent arrears of $4,455.58 at the date of the hearing, the fact that they have paid $600.00 this morning, are in employment and have recently been paying their rent when due most of the time, means that I am convinced on the balance of probabilities that the tenant will pay the amount specified in this order and is unlikely to commit a 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 is enforceable for 90 days from the first breach. 3

RENT ARREARS

The landlord submitted a rent summary, which proves the tenant owes $4,455.58 in rent arrears up to 28 May 2025. The landlord’s claim for rent arrears is granted in full for this amount. FILING FEE & SUPPRESSION
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.
The landlord did not seek name suppression for themselves but asked the Tribunal to consider suppressing the tenant’s name.
I have a discretion to grant the tenant name suppression under section 95A(3) RTA. This section requires me to consider the interests of the parties and public. In Lewis v Wilson & Horton [2003] 3 NZLR 546 at paragraph 43, The Court of Appeal endorsed the approach taken in the High Court, which held: ...that the principle of open justice dictates that there should be no restriction on publication of information about a case ‘except in very special circumstances.’
The landlord submits that publication of the tenant’s name might jeopardise their ability to secure private rental accommodation in the future. That is because private landlords might see this order, which details the non-payment of rent by the tenant and choose not to enter into a tenancy with the tenant.
On the other hand, there is a public interest in prospective landlord’s knowing whether or not a prospective tenant pays their rent or falls into arrears. I consider this public interest to be high in a case such as this where the tenant is in arrears equivalent to 59 days at the date of the hearing. 3 Residential Tenancies Act 1986, section 64(4)(b).
The consequences referred to by the landlord are ordinary. They naturally flow from the tenant’s conduct and are not extraordinary or special.
I have considered the interests of the tenant and the public. In this case, I find the public’s interest in publication to outweigh the tenant’s interest in suppression and I decline to suppress the tenant’s name.

Tenancy Tribunal case 5213991 — Rent arrears at Unit/Flat 3, 2 Corin Avenue, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5213991 — Rent arrears at Unit/Flat 3, 2 Corin Avenue, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

TERMINATION

RENT ARREARS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

TERMINATION

RENT ARREARS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions