What was the outcome of Tenancy Tribunal case 4888203?

The tribunal order states: The tenancy of Alofa Puni at 54 Clayton Avenue, Otara, Auckland 2023 is

How much money was awarded in case 4888203?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4672195 D…: $2,432.00 awarded to landlord; Rent Arrears: $2,830.29 awarded to landlord

What type of tenancy dispute was case 4888203?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4888203?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10551058-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4888203?

The tribunal order states: The tenancy of Alofa Puni at 54 Clayton Avenue, Otara, Auckland 2023 is

How much money was awarded in case 4888203?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4672195 D…: $2,432.00 awarded to landlord; Rent Arrears: $2,830.29 awarded to landlord

What type of tenancy dispute was case 4888203?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4888203?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10551058-Tenancy_Tribunal_Order.pdf.

54 Clayton Avenue, Otara, Auckland 2023 Tenancy Tribunal Case 4888203 — Rent arrears

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54 Clayton Avenue, Otara, Auckland 2023 Tenancy Tribunal Case 4888203 — 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 4888203 — net $5,108.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4672195 dated 02/10/2023	$2,432.00	Previous order application 4672195 dated 02/10/2023
Rent arrears from 03/10/2023 to 08/07/2024	$2,830.29	Rent arrears from 03/10/2023 to 08/07/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,108.73
Total payable by Tenant to Landlord	$5,108.73

Claims and awards for application 4888203 — net $5,108.73 NZD. Verify on MoJ.

Previous order application 4672195 dated 02/10/2023

Amount: $2,432.00
Awarded to: Landlord
Reason: Previous order application 4672195 dated 02/10/2023

Rent arrears from 03/10/2023 to 08/07/2024

Amount: $2,830.29
Awarded to: Landlord
Reason: Rent arrears from 03/10/2023 to 08/07/2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $5,108.73

Total payable by Tenant to Landlord

Landlord $5,108.73

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Alofa Puni at 54 Clayton Avenue, Otara, Auckland 2023 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11:59pm on 08 July 2024.
The Bond Centre is to pay the bond of $174.00 (3164639-006) to Kāinga Ora– Homes And Communities immediately.
Alofa Puni must pay Kāinga Ora–Homes And Communities $5,108.73 immediately. This sum consists of the amount of $2,432.00 being the amount the parties agreed and, as was recorded in a sealed Mediators Order (4672195), that the tenant would pay, the sum of $2,830.29 being rent arrears from 03 October 2023 to 08 July 2024 and the filing fee less the bond, as calculated in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy and rent arrears.

Should the tenancy be terminated?

On 02 October 2023, the parties agreed, as recorded in a sealed Mediator’s Order (4672195), that the tenant would pay rent arrears of $2,432.00 by making weekly payments. The debt has not been paid and the tenant has incurred further rental arrears of $2,830.29.
Where rent is at least 21 days in arrears on the date the application was filed, section 55(1)(a) of the Residential Tenancies Act 1986 (the “Act”) provides that the Tribunal must order termination. Section 55(1A) of the Act provides that the Tribunal may make a conditional termination order if it is satisfied that the tenant will pay rent arrears within a period specified by the Tribunal and a further breach of the type referred to in section 55(1)(a) to (c) of the Act is unlikely.
The landlord had applied for a conditional termination order. However, it advises that as the tenant’s financial circumstances have changed, it withdraws the application for a conditional order. The landlord provided rent records in the form of a rent ledger which prove the amount owing. The tenant does not dispute the amount owing. I am satisfied that rent was at least 21 days in arrears on the date the application was made. I do not consider it is appropriate to issue a conditional termination order because, given the history of this tenancy, I am not satisfied that the tenant will comply with the order to make payments or that a further failure to pay rent is unlikely. Therefore, I must order termination in accordance with Section 55(1)(a) of the Act.

How much of the rent arrears should be paid by the tenant?

Section 49 of the Act places an obligation on parties to a tenancy agreement to take all reasonable steps to mitigate their losses arising from the other party’s breach of the Act or the tenancy agreement. I consider that the landlord did take steps to mitigate its losses by seeking (and obtaining) a sealed Mediator’s Order in October 2023. While the landlord could have made mitigated its losses further by applying to the Tribunal earlier, paying rent is a fundamental obligation of the tenant. Tenants occupying a property should expect to pay rent. I have decided that the tenant should be liable for the full arrears.

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 4888203 — net $5,108.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4672195 dated 02/10/2023	$2,432.00	Previous order application 4672195 dated 02/10/2023
Rent arrears from 03/10/2023 to 08/07/2024	$2,830.29	Rent arrears from 03/10/2023 to 08/07/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,108.73
Total payable by Tenant to Landlord	$5,108.73

Claims and awards for application 4888203 — net $5,108.73 NZD. Verify on MoJ.

Previous order application 4672195 dated 02/10/2023

Amount: $2,432.00
Awarded to: Landlord
Reason: Previous order application 4672195 dated 02/10/2023

Rent arrears from 03/10/2023 to 08/07/2024

Amount: $2,830.29
Awarded to: Landlord
Reason: Rent arrears from 03/10/2023 to 08/07/2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $5,108.73

Total payable by Tenant to Landlord

Landlord $5,108.73

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Alofa Puni at 54 Clayton Avenue, Otara, Auckland 2023 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11:59pm on 08 July 2024.
The Bond Centre is to pay the bond of $174.00 (3164639-006) to Kāinga Ora– Homes And Communities immediately.
Alofa Puni must pay Kāinga Ora–Homes And Communities $5,108.73 immediately. This sum consists of the amount of $2,432.00 being the amount the parties agreed and, as was recorded in a sealed Mediators Order (4672195), that the tenant would pay, the sum of $2,830.29 being rent arrears from 03 October 2023 to 08 July 2024 and the filing fee less the bond, as calculated in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy and rent arrears.

Should the tenancy be terminated?

On 02 October 2023, the parties agreed, as recorded in a sealed Mediator’s Order (4672195), that the tenant would pay rent arrears of $2,432.00 by making weekly payments. The debt has not been paid and the tenant has incurred further rental arrears of $2,830.29.
Where rent is at least 21 days in arrears on the date the application was filed, section 55(1)(a) of the Residential Tenancies Act 1986 (the “Act”) provides that the Tribunal must order termination. Section 55(1A) of the Act provides that the Tribunal may make a conditional termination order if it is satisfied that the tenant will pay rent arrears within a period specified by the Tribunal and a further breach of the type referred to in section 55(1)(a) to (c) of the Act is unlikely.
The landlord had applied for a conditional termination order. However, it advises that as the tenant’s financial circumstances have changed, it withdraws the application for a conditional order. The landlord provided rent records in the form of a rent ledger which prove the amount owing. The tenant does not dispute the amount owing. I am satisfied that rent was at least 21 days in arrears on the date the application was made. I do not consider it is appropriate to issue a conditional termination order because, given the history of this tenancy, I am not satisfied that the tenant will comply with the order to make payments or that a further failure to pay rent is unlikely. Therefore, I must order termination in accordance with Section 55(1)(a) of the Act.

How much of the rent arrears should be paid by the tenant?

Section 49 of the Act places an obligation on parties to a tenancy agreement to take all reasonable steps to mitigate their losses arising from the other party’s breach of the Act or the tenancy agreement. I consider that the landlord did take steps to mitigate its losses by seeking (and obtaining) a sealed Mediator’s Order in October 2023. While the landlord could have made mitigated its losses further by applying to the Tribunal earlier, paying rent is a fundamental obligation of the tenant. Tenants occupying a property should expect to pay rent. I have decided that the tenant should be liable for the full arrears.

Tenancy Tribunal case 4888203 — Rent arrears at 54 Clayton Avenue, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4888203 — Rent arrears at 54 Clayton Avenue, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much of the rent arrears should be paid by the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much of the rent arrears should be paid by the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions