What was the outcome of Tenancy Tribunal case 4822057?

The tribunal order states: Tama Thomas Jacobs owes Kāinga Ora–Homes And Communities $52,633.64

How much money was awarded in case 4822057?

Being: $198.00 awarded to landlord; For Rent And: $20.00 awarded to landlord

What type of tenancy dispute was case 4822057?

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

Where can I read the official tribunal order for case 4822057?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10162241-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4822057?

The tribunal order states: Tama Thomas Jacobs owes Kāinga Ora–Homes And Communities $52,633.64

How much money was awarded in case 4822057?

Being: $198.00 awarded to landlord; For Rent And: $20.00 awarded to landlord

What type of tenancy dispute was case 4822057?

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

Where can I read the official tribunal order for case 4822057?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10162241-Tenancy_Tribunal_Order.pdf.

107 Thackeray Street, Trentham, Upper Hutt 5018 Tenancy Tribunal Case 4822057 — Rent arrears

Claims and awards in Tenancy Tribunal application 4822057. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$198.00		being
for rent and	$20.00		for rent and

Order

Tama Thomas Jacobs owes Kāinga Ora–Homes And Communities $52,633.64 being rent arrears to 25 March 2024 (“the debt”).
Tama Thomas Jacobs must pay rent and the debt as follows: a. By weekly payments of $218.00, being $198.00 for rent and $20.00 for the debt. b. Payments will be every Tuesday, with the first payment on 26/03/2024 and continuing until the debt is repaid.
Payments will be allocated in the following order: rent, then rent arrears.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 107 Thackeray Street, Trentham, Upper Hutt 5018 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
This order incorporates the Tribunal order made on 22 November 2023 under application 4626977.
No suppression orders apply to this order.

Reasons

Both parties attended the hearing with Ms Smith representing the landlord. Mr Jacobs was present with a tenancy advocate, Ms Homan.
The landlord has applied for a termination of the tenancy and rent arrears. 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 (RTA).
The landlord seeks a conditional termination order because they are satisfied the tenant will pay the debt and is unlikely to commit any further relevant breach. I have granted a conditional termination order as requested by the landlord, accordingly.
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) RTA.
On 22 November 2023, the Tribunal made an order relating to this tenancy, for rent arrears to that date. The previous order is incorporated into this order for enforcement purposes. The previous order records that the Tenant has encountered some difficulties in having an income related rent assessment completed by MSD. This means that rent has been charged at market rates for some time which has significantly increased the arrears.
The parties acknowledge that the tenant has successfully applied for an income related rent review which has reduced the weekly rent charged from $749 to $198 per week. Therefore, continuing the tenancy is now viable. The tenant is also in the process of seeking a review of the income related rent assessment regarding past arrears. He advised at the hearing that he has partially succeeded with a review. Once proof of the review is made available to the landlord, it is likely that the arrears amount will reduce.
The landlord requested that the tenant’s name and identifying details be suppressed. There are limited reasons which enable the Tribunal to grant suppression under s95A RTA.
Under section 95A(1) the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. That provision does not apply in this case in respect of the tenant given that a conditional termination order against him has been made for a large amount of arrears.
Under section 95A(4) the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. I do not find that there is any particular reason here for ordering suppression and, in the absence of an appropriate reason, I find that publication of this decision is in the public interest. The application for suppression is therefore declined.

Claims and awards in Tenancy Tribunal application 4822057. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$198.00		being
for rent and	$20.00		for rent and

Order

Tama Thomas Jacobs owes Kāinga Ora–Homes And Communities $52,633.64 being rent arrears to 25 March 2024 (“the debt”).
Tama Thomas Jacobs must pay rent and the debt as follows: a. By weekly payments of $218.00, being $198.00 for rent and $20.00 for the debt. b. Payments will be every Tuesday, with the first payment on 26/03/2024 and continuing until the debt is repaid.
Payments will be allocated in the following order: rent, then rent arrears.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 107 Thackeray Street, Trentham, Upper Hutt 5018 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
This order incorporates the Tribunal order made on 22 November 2023 under application 4626977.
No suppression orders apply to this order.

Reasons

Both parties attended the hearing with Ms Smith representing the landlord. Mr Jacobs was present with a tenancy advocate, Ms Homan.
The landlord has applied for a termination of the tenancy and rent arrears. 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 (RTA).
The landlord seeks a conditional termination order because they are satisfied the tenant will pay the debt and is unlikely to commit any further relevant breach. I have granted a conditional termination order as requested by the landlord, accordingly.
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) RTA.
On 22 November 2023, the Tribunal made an order relating to this tenancy, for rent arrears to that date. The previous order is incorporated into this order for enforcement purposes. The previous order records that the Tenant has encountered some difficulties in having an income related rent assessment completed by MSD. This means that rent has been charged at market rates for some time which has significantly increased the arrears.
The parties acknowledge that the tenant has successfully applied for an income related rent review which has reduced the weekly rent charged from $749 to $198 per week. Therefore, continuing the tenancy is now viable. The tenant is also in the process of seeking a review of the income related rent assessment regarding past arrears. He advised at the hearing that he has partially succeeded with a review. Once proof of the review is made available to the landlord, it is likely that the arrears amount will reduce.
The landlord requested that the tenant’s name and identifying details be suppressed. There are limited reasons which enable the Tribunal to grant suppression under s95A RTA.
Under section 95A(1) the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. That provision does not apply in this case in respect of the tenant given that a conditional termination order against him has been made for a large amount of arrears.
Under section 95A(4) the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. I do not find that there is any particular reason here for ordering suppression and, in the absence of an appropriate reason, I find that publication of this decision is in the public interest. The application for suppression is therefore declined.

Tenancy Tribunal case 4822057 — Rent arrears at 107 Thackeray Street, Trentham, Upper Hutt 5018

At a glance

Tenancy Tribunal case 4822057 — Rent arrears at 107 Thackeray Street, Trentham, Upper Hutt 5018

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