What was the outcome of Tenancy Tribunal case 4936755?

The tribunal order states: Elenoa TAVITA owes Kāinga Ora–Homes and Communities $15,817.00 (“the

How much money was awarded in case 4936755?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $15,790.00 awarded to landlord

What type of tenancy dispute was case 4936755?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4936755?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10602239-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4936755?

The tribunal order states: Elenoa TAVITA owes Kāinga Ora–Homes and Communities $15,817.00 (“the

How much money was awarded in case 4936755?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $15,790.00 awarded to landlord

What type of tenancy dispute was case 4936755?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4936755?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10602239-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 229 Glengarry Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4936755 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

Claims and awards in Tenancy Tribunal application 4936755 — net $15,817.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 July 2024	$15,790.00	Rent arrears to 23 July 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$15,817.00
Total payable by Tenant to Landlord	$15,817.00

Elenoa TAVITA owes Kāinga Ora–Homes and Communities $15,817.00 (“the debt”) as detailed in the table below.

Elenoa TAVITA must pay rent and the debt as follows: a. By 632 weekly payments of $177.00, being $152.00 for rent and $25.00 for the debt. b. A final payment of $169.00, being $152.00 for rent and $17.00 for the debt. c. Payments will be every Wednesday, with the first payment on 24/07/2024 and continuing until 03/09/2036.

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 Unit/Flat 2, 229 Glengarry Road, Glen Eden, Auckland 0602 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.

Elenoa TAVITA must pay Kāinga Ora–Homes and Communities $15,817.00 being rent arrears to 23 July 2024.

Reasons

Both parties attended the hearing.

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

The Tribunal can only make a conditional termination order if it is satisfied that the tenant will pay any rent in arrear within a period specified by the Tribunal and is unlikely to commit a further breach.

The application was filed on 10 July 2024. The rent was in arrears of $15,679.71 on this date (722 days).

The tenant accepts that she has fallen behind in her payment of rent. She advised the Tribunal that she is the breadwinner for the family and at times has struggled to budget enough to pay rent, outgoings, and groceries. Since late 2023, the tenant has paid her rent consistently and has attempted to make extra payments of $10.00 - $15.00 per week towards the arrears. She advised the Tribunal that she accepted an offer for full-time employment two weeks ago and can afford to pay an additional $25.00 per week on top of her rental payments.

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.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

Because Kāinga Ora–Homes and Communities has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4936755 — net $15,817.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 July 2024	$15,790.00	Rent arrears to 23 July 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$15,817.00
Total payable by Tenant to Landlord	$15,817.00

Elenoa TAVITA owes Kāinga Ora–Homes and Communities $15,817.00 (“the debt”) as detailed in the table below.

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

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

Elenoa TAVITA must pay Kāinga Ora–Homes and Communities $15,817.00 being rent arrears to 23 July 2024.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

The application was filed on 10 July 2024. The rent was in arrears of $15,679.71 on this date (722 days).

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 landlord has applied for rent arrears and has provided rent records which prove the amount owing.

Because Kāinga Ora–Homes and Communities has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4936755 — Rent arrears at Unit/Flat 2, 229 Glengarry Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4936755 — Rent arrears at Unit/Flat 2, 229 Glengarry Road, Glen Eden, Auckland 0602

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