What was Tenancy Tribunal case 5248991 about?

The tribunal order states: [The tenant/s] owes Kāinga Ora–Homes and Communities

How much money was awarded in case 5248991?

Of: $313.00 awarded to landlord

What type of tenancy dispute was case 5248991?

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

Where can I read the official tribunal order for case 5248991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11952387-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5248991 about?

The tribunal order states: [The tenant/s] owes Kāinga Ora–Homes and Communities

How much money was awarded in case 5248991?

Of: $313.00 awarded to landlord

What type of tenancy dispute was case 5248991?

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

Where can I read the official tribunal order for case 5248991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11952387-Tenancy_Tribunal_Order.pdf.

22B Birch Street, Hutt Central, Lower Hutt 5011 Tenancy Tribunal Case 5248991 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5248991. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
of	$313.00		of

[The tenant/s] owes Kāinga Ora–Homes and Communities $15,469.00 (“the debt”), being rent arrears for the period ending 9 June 2025.

[The tenant/s] will pay the debt by weekly payments of $37.00 commencing on Tuesday 10 June 2025 and continuing every Tuesday until the debt has been paid in full. These payments are in addition to normal weekly rent of $313.00 (making the total to be paid each week $350.00). The next payment of normal weekly rent is also due on Tuesday 10 June 2025.

Payments made will be allocated first to rent and then to the debt.

If [The tenant/s] fails to pay rent and the debt as set out in clause 2 above within 5 working days of the due dates: a. The tenancy at 22B Birch Street, Hutt Central, Lower Hutt 5011 will terminate immediately with possession of the premises returning to the landlord; and b. The balance of the debt will be payable immediately.

This order replaces and incorporates the mediated order made on 13 June 2024 under application number 4870960.

The application for a suppression order is dismissed.

Reasons

Mr Campbell attended the hearing for the landlord. The tenant was phoned on the number provided but the calls went to voicemail.

The landlord has applied for termination of the tenancy on the basis that Ms Walsh was more than 21 days in arrears with rent on the date of the application: s 55(1) of the Residential Tenancies Act 1986 (the Act). The landlord also applied for a rent arrears order.

The amount of rent owing has been established by the production of a rent record.

Where a tenant is more than 21 days in arrears as at the date of the application, the landlord is entitled to an order terminating the tenancy. However, Mr Campbell said that the landlord is prepared to give Ms Walsh the opportunity to pay off the rent arrears to avoid immediate termination.

The conditional termination order will lapse if it is fully complied with. If Ms Walsh breaches the order, the possession order may be enforced for 90 days from the first breach: section 64(4)(b) of the Act. Suppression

The landlord applied for suppression of the tenant’s name and identifying details.

The starting point when considering whether the Tribunal should exercise its discretion in the tenant’s favour is the principle of open justice. The usual situation in law is that judicial proceedings are open unless the circumstances are exceptional: Victim X v Television New Zealand Ltd [2003] NZLR 220 at [20].

Section 95A(4) of the Act provides an exception to that general rule. It provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).

The tenant has not been wholly or substantially successful in the proceedings. However, section 95A(4) of the Act provides that the Tribunal may, having regard to the interests of the parties and the public interest, order that the name and identifying details of that party be suppressed.

Mr Campbell said that the landlord is seeking suppression to safeguard the ability of the tenant to find another tenancy if the termination order is enforced by the landlord. I fully accept that it is in the tenant’s interest that the decision is not published. Given the amount of arrears, which is the equivalent of almost a years’ rent, it may influence the decision of a potential future landlord to enter a tenancy agreement with the tenant. Although, I am minded that the tenant did not attend and give any explanation as to why these arrears arose.

On the other side of the scale I must weigh the public interest. I consider that there is significant public interest in publication of the tenant’s name. As mentioned, the arrears are significant particularly for a relatively short term tenancy (the tenancy commenced on 5 March 2024). The tenant also did not comply with an earlier mediated order to pay the arrears. It is in my view in the public interest to be aware of the tenant’s rent history, and it is a particularly legitimate interest for future landlords.

Taking into consideration the parties’ interest and the public interest, I find the public interest considerations outweigh the parties’ interest considerations. I therefore decline the application for suppression of the tenant’s name and identifying details.

Order

Claims and awards in Tenancy Tribunal application 5248991. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
of	$313.00		of

[The tenant/s] owes Kāinga Ora–Homes and Communities $15,469.00 (“the debt”), being rent arrears for the period ending 9 June 2025.

Payments made will be allocated first to rent and then to the debt.

This order replaces and incorporates the mediated order made on 13 June 2024 under application number 4870960.

The application for a suppression order is dismissed.

Reasons

Mr Campbell attended the hearing for the landlord. The tenant was phoned on the number provided but the calls went to voicemail.

The amount of rent owing has been established by the production of a rent record.

The landlord applied for suppression of the tenant’s name and identifying details.

Tenancy Tribunal case 5248991 — Rent arrears at 22B Birch Street, Hutt Central, Lower Hutt 5011

At a glance

Tenancy Tribunal case 5248991 — Rent arrears at 22B Birch Street, Hutt Central, Lower Hutt 5011

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