How much money was awarded in case 4751830?

Rent Arrears: $570.00 awarded to landlord

What type of tenancy dispute was case 4751830?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4751830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9814984-Tribunal_Order.pdf.

How much money was awarded in case 4751830?

Rent Arrears: $570.00 awarded to landlord

What type of tenancy dispute was case 4751830?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4751830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9814984-Tribunal_Order.pdf.

Unit/Flat 64, 736 Great North Road, Western Springs, Tenancy Tribunal Case 4751830 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4751830?

The tribunal order states: This order corrects and replaces the Tribunal order dated 21 December 2023.

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Order

Claims and awards in Tenancy Tribunal application 4751830 — net $570.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 December 2023	$570.00	Rent arrears to 20 December 2023
Net award	$570.00
Total payable by Tenant to Landlord	$570.00

This order corrects and replaces the Tribunal order dated 21 December 2023.

The tenancy of Joseph Claude Hori at Unit/Flat 64, 736 Great North Road, Western Springs, Auckland 1022 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, from the end of Thursday 21 December 2023.

Joseph Claude Hori must pay Kāinga Ora–Homes And Communities $570.00 immediately, calculated as shown in the table below:

Reasons

This order was made on 21 December 2023. There was a clerical error in paragraph 1 of the reasons which recorded that both parties were present. Only the applicant landlord attended the hearing which took place by teleconference. The respondent tenant was called on the number provided but there was no response. In all other respects this order is the same as the order dated 21 December 2023.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by failing to pay rent due and failing to live at the premises in breach of the tenancy agreement.

The landlord served a 14-day notice on the tenant on 12 October 2023, and the tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy because: (a) The tenant is not living at the home and the landlord is unable to ascertain when or if they will return. The landlord advised that the tenant is in prison. They have made attempts to contact the tenant through the prison service but have been unable to make contact. (b) The property is vacant. (c) Clause14 of the tenancy agreement outlines that the tenant must live at the home at all times. Clause 15 records a term that if the tenant is going to be away from the home for more than 30 days he must notify the landlord in writing. (d) In a private tenancy these would be strange and perhaps intrusive conditions, but Kāinga Ora–Homes and Communities rents homes based on housing need and tenants receive an adjusted rent in accordance with their income. Considering this the clauses are fair and reasonable, and using the home to personally live in is an important aspect of the tenancy. (e) The rent is more than 21 days in arrears and is now more than 7 weeks in arrears. (f) Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

The tenancy is terminated as sought.

The landlord provided rent records which prove the amount owing to today’s date in the sum of $570.00

Order

Claims and awards in Tenancy Tribunal application 4751830 — net $570.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 December 2023	$570.00	Rent arrears to 20 December 2023
Net award	$570.00
Total payable by Tenant to Landlord	$570.00

This order corrects and replaces the Tribunal order dated 21 December 2023.

Joseph Claude Hori must pay Kāinga Ora–Homes And Communities $570.00 immediately, calculated as shown in the table below:

Reasons

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

The tenant has breached their obligations by failing to pay rent due and failing to live at the premises in breach of the tenancy agreement.

The landlord served a 14-day notice on the tenant on 12 October 2023, and the tenant did not remedy the breach within the required period.

The tenancy is terminated as sought.

The landlord provided rent records which prove the amount owing to today’s date in the sum of $570.00

Tenancy Tribunal case 4751830 — Rent arrears at Unit/Flat 64, 736 Great North Road, Western Springs,

At a glance

Tenancy Tribunal case 4751830 — Rent arrears at Unit/Flat 64, 736 Great North Road, Western Springs,

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions