What was the outcome of Tenancy Tribunal case 4903576?

The tribunal order states: Moses Tui owes Kāinga Ora–Homes and Communities $9,512.44 (“the debt”)

How much money was awarded in case 4903576?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $9,492.00 awarded to landlord

What type of tenancy dispute was case 4903576?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4903576?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10571385-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4903576?

The tribunal order states: Moses Tui owes Kāinga Ora–Homes and Communities $9,512.44 (“the debt”)

How much money was awarded in case 4903576?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $9,492.00 awarded to landlord

What type of tenancy dispute was case 4903576?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4903576?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10571385-Tenancy_Tribunal_Order.pdf.

77B Aranui Road, Mount Wellington, Auckland 1060 Tenancy Tribunal Case 4903576 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4903576 — net $9,512.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 July 2024	$9,492.00	Rent arrears to 12 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,512.44
Total payable by Tenant to Landlord	$9,512.44

Moses Tui owes Kāinga Ora–Homes and Communities $9,512.44 (“the debt”) as detailed in the table below.

Moses Tui must pay rent and the debt as follows: a. By 182 fortnightly payments of $500.00, being $448.00 for rent and $52.00 for the debt. b. A final payment of $496.44, being $448.00 for rent and $48.44 for the debt. c. Payments will be every other Thursday, with the first payment on 18/07/2024 and continuing until 10/07/2031.

Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 77B Aranui Road, Mount Wellington, Auckland 1060 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Moses Tui must pay Kāinga Ora–Homes and Communities $9,512.44 immediately, being rent arrears to 12 July 2024 and the filing fee.

Reasons

The landlord attended the hearing. The tenant did not.

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

As the applicant, the landlord is required to prove each claim to the civil law standard of proof, on the balance of probabilities.

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.

The application was filed on 30 May 2024. The rent was in arrears of $9,616.00 (300 days) at this date. At the hearing on 12 July 2024, the rent was in arrears of $9,492.00.

The landlord advised the Tribunal that they had experienced difficulties engaging with the tenant, but that they were able to discuss the rent arrears with the tenant in March 2024. The tenant advised the landlord that they were able to afford a fortnightly payment of $500.00, being $448.00 for rent and $52.00 for the arrears.

The landlord advised the Tribunal that they wanted to give the tenant one final chance to keep their tenancy. Therefore, the landlord asked the Tribunal to consider making an order for conditional termination of the tenancy, rather than immediate termination.

Considering the conversation the landlord had with the tenant in March 2024, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.

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) Residential Tenancies Act 1986. Rent arrears

A tenant is required to pay rent as and when it is due and payable under the tenancy agreement. See section 40(1)(a) of the Residential Tenancies Act 1986.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I therefore find that they have proven this claim. Filing fee

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee. See section 102(4)(a) of the Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4903576 — net $9,512.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 July 2024	$9,492.00	Rent arrears to 12 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,512.44
Total payable by Tenant to Landlord	$9,512.44

Order

Moses Tui owes Kāinga Ora–Homes and Communities $9,512.44 (“the debt”) as detailed in the table below.
Moses Tui must pay rent and the debt as follows: a. By 182 fortnightly payments of $500.00, being $448.00 for rent and $52.00 for the debt. b. A final payment of $496.44, being $448.00 for rent and $48.44 for the debt. c. Payments will be every other Thursday, with the first payment on 18/07/2024 and continuing until 10/07/2031.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 77B Aranui Road, Mount Wellington, Auckland 1060 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Moses Tui must pay Kāinga Ora–Homes and Communities $9,512.44 immediately, being rent arrears to 12 July 2024 and the filing fee.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for termination of the tenancy and rent arrears.
As the applicant, the landlord is required to prove each claim to the civil law standard of proof, on the balance of probabilities.

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.
The application was filed on 30 May 2024. The rent was in arrears of $9,616.00 (300 days) at this date. At the hearing on 12 July 2024, the rent was in arrears of $9,492.00.
The landlord advised the Tribunal that they had experienced difficulties engaging with the tenant, but that they were able to discuss the rent arrears with the tenant in March 2024. The tenant advised the landlord that they were able to afford a fortnightly payment of $500.00, being $448.00 for rent and $52.00 for the arrears.
The landlord advised the Tribunal that they wanted to give the tenant one final chance to keep their tenancy. Therefore, the landlord asked the Tribunal to consider making an order for conditional termination of the tenancy, rather than immediate termination.
Considering the conversation the landlord had with the tenant in March 2024, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
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) Residential Tenancies Act 1986. Rent arrears
A tenant is required to pay rent as and when it is due and payable under the tenancy agreement. See section 40(1)(a) of the Residential Tenancies Act 1986.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I therefore find that they have proven this claim. Filing fee
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee. See section 102(4)(a) of the Residential Tenancies Act 1986.

Tenancy Tribunal case 4903576 — Rent arrears at 77B Aranui Road, Mount Wellington, Auckland 1060

At a glance

Tenancy Tribunal case 4903576 — Rent arrears at 77B Aranui Road, Mount Wellington, Auckland 1060

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions