What was the outcome of Tenancy Tribunal case 4898980?

The tribunal order states: The tenancy of VAITOFAGA RENEE LEOTA at 221 George Street, Stokes

How much money was awarded in case 4898980?

Rent Arrears: $32,156.28 awarded to landlord

What type of tenancy dispute was case 4898980?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4898980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10539968-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4898980?

The tribunal order states: The tenancy of VAITOFAGA RENEE LEOTA at 221 George Street, Stokes

How much money was awarded in case 4898980?

Rent Arrears: $32,156.28 awarded to landlord

What type of tenancy dispute was case 4898980?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4898980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10539968-Tenancy_Tribunal_Order.pdf.

221 George Street, Stokes Valley, Lower Hutt 5019 Tenancy Tribunal Case 4898980 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4898980 — net $32,156.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$32,156.28	Rent arrears
Net award	$32,156.28
Total payable by Tenant to Landlord	$32,156.28

The tenancy of VAITOFAGA RENEE LEOTA at 221 George Street, Stokes Valley, Lower Hutt 5019 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59 am on Friday 12 July 2024.

VAITOFAGA RENEE LEOTA must pay Kāinga Ora–Homes And Communities $32,156.28 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing.

Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls could not be connected. The landlord confirmed that the telephone number provided was the most recent number held. The notice of hearing sent to the tenant notifies them that the number called for the hearing is the number shown on the application filed with the Tribunal, and a copy of that application has been sent to the tenant. The notice of the hearing was given to the tenant by post, email and SMS. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given. Termination of tenancy

The landlord has applied for termination of the tenancy and rent arrears.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).

Rent arrears on the date of termination are $32,156.28.

Section 55(1A) RTA provides that instead of making a final termination order for non-payment of rent under s.55(1)(a) RTA, the Tribunal may make a conditional termination order, but only if it is satisfied that: • The tenant will pay any rent in arrear within the period specified by the Tribunal; and • It is unlikely the tenant will commit a further breach of a similar nature.

Given the size of the current rent arrear, the length of time any conditional order would need to be made over, and the tenant’s lengthy history of failing to pay rent on time and in full, I am not satisfied that the tenant would or could abide by any conditional order.

The tenancy is terminated and possession granted to the landlord. Rent Arrears

Section 49 RTA provides that where a party to a tenancy agreement breaches any provisions of the agreement or the RTA, the other party shall take all reasonable steps to limit damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.

The issue of substantial rental arrears was considered by the District Court in Housing New Zealand v Witaka ,(1995) DCR 307. In that case, the District Court was dealing with what was then Housing New Zealand.

The Court held that Housing New Zealand had dual functions to be both business-like and to look after low income tenants. This required it to be more fair than the average landlord. If by mediation, arrears management and goodwill, it could leave a tenant in possession, then that ought to be the case. The Court held that Housing New Zealand should not be restricted in its ability to recover the full amount of the rent arrears on the basis of a failure to mitigate its loss.

Section 12 Kainga Ora- Homes and Communities Act 2019 sets out that entities objectives. They include providing good quality affordable housing, supporting good access to jobs, amenities and services and otherwise sustaining the overall economic, social, environmental, and cultural well-being of current and future generations. When performing its functions, Kinga Ora–Homes and Communities must act to further those objectives.

Section 77(2)(k) RTA provides in part, that the Tribunal has jurisdiction; (k) to order the tenant under any tenancy agreement to which this Act applies to pay the landlord any sum found to be owing by the tenant to the landlord, whether by way of rent in arrear or otherwise pursuant to the tenancy agreement....”(the emphasis is mine).This section indicates that the payment to be ordered, is an amount found to be owing by the tenant to the landlord arising from rent in arrears.

For the reasons set out above, I do not consider that there is an obligation on Kainga Ora to mitigate their losses pursuant to s.49 RTA.

The tenant is ordered to pay the landlord $32,156.28.

Claims and awards in Tenancy Tribunal application 4898980 — net $32,156.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$32,156.28	Rent arrears
Net award	$32,156.28
Total payable by Tenant to Landlord	$32,156.28

Order

The tenancy of VAITOFAGA RENEE LEOTA at 221 George Street, Stokes Valley, Lower Hutt 5019 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59 am on Friday 12 July 2024.
VAITOFAGA RENEE LEOTA must pay Kāinga Ora–Homes And Communities $32,156.28 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls could not be connected. The landlord confirmed that the telephone number provided was the most recent number held. The notice of hearing sent to the tenant notifies them that the number called for the hearing is the number shown on the application filed with the Tribunal, and a copy of that application has been sent to the tenant. The notice of the hearing was given to the tenant by post, email and SMS. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given. Termination of tenancy
The landlord has applied for termination of the tenancy and rent arrears.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).
Rent arrears on the date of termination are $32,156.28.
Section 55(1A) RTA provides that instead of making a final termination order for non-payment of rent under s.55(1)(a) RTA, the Tribunal may make a conditional termination order, but only if it is satisfied that: • The tenant will pay any rent in arrear within the period specified by the Tribunal; and • It is unlikely the tenant will commit a further breach of a similar nature.
Given the size of the current rent arrear, the length of time any conditional order would need to be made over, and the tenant’s lengthy history of failing to pay rent on time and in full, I am not satisfied that the tenant would or could abide by any conditional order.
The tenancy is terminated and possession granted to the landlord. Rent Arrears
Section 49 RTA provides that where a party to a tenancy agreement breaches any provisions of the agreement or the RTA, the other party shall take all reasonable steps to limit damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.
The issue of substantial rental arrears was considered by the District Court in Housing New Zealand v Witaka ,(1995) DCR 307. In that case, the District Court was dealing with what was then Housing New Zealand.
The Court held that Housing New Zealand had dual functions to be both business-like and to look after low income tenants. This required it to be more fair than the average landlord. If by mediation, arrears management and goodwill, it could leave a tenant in possession, then that ought to be the case. The Court held that Housing New Zealand should not be restricted in its ability to recover the full amount of the rent arrears on the basis of a failure to mitigate its loss.
Section 12 Kainga Ora- Homes and Communities Act 2019 sets out that entities objectives. They include providing good quality affordable housing, supporting good access to jobs, amenities and services and otherwise sustaining the overall economic, social, environmental, and cultural well-being of current and future generations. When performing its functions, Kinga Ora–Homes and Communities must act to further those objectives.
Section 77(2)(k) RTA provides in part, that the Tribunal has jurisdiction; (k) to order the tenant under any tenancy agreement to which this Act applies to pay the landlord any sum found to be owing by the tenant to the landlord, whether by way of rent in arrear or otherwise pursuant to the tenancy agreement....”(the emphasis is mine).This section indicates that the payment to be ordered, is an amount found to be owing by the tenant to the landlord arising from rent in arrears.
For the reasons set out above, I do not consider that there is an obligation on Kainga Ora to mitigate their losses pursuant to s.49 RTA.
The tenant is ordered to pay the landlord $32,156.28.

Tenancy Tribunal case 4898980 — Rent arrears at 221 George Street, Stokes Valley, Lower Hutt 5019

At a glance

Tenancy Tribunal case 4898980 — Rent arrears at 221 George Street, Stokes Valley, Lower Hutt 5019

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions