What was the outcome of Tenancy Tribunal case 4999549?

The tribunal order states: TERENCE KAKA TUTAHIONE owes Kāinga Ora–Homes And Communities

How much money was awarded in case 4999549?

Previous Order Application 4823280 D…: $10,553.86 awarded to landlord; Rent Arrears: $1,631.00 awarded to landlord

What type of tenancy dispute was case 4999549?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4999549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10925290-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4999549?

The tribunal order states: TERENCE KAKA TUTAHIONE owes Kāinga Ora–Homes And Communities

How much money was awarded in case 4999549?

Previous Order Application 4823280 D…: $10,553.86 awarded to landlord; Rent Arrears: $1,631.00 awarded to landlord

What type of tenancy dispute was case 4999549?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4999549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10925290-Tenancy_Tribunal_Order.pdf.

20 Arawa Street, Welbourn, New Plymouth 4312 Tenancy Tribunal Case 4999549 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4999549 — net $12,184.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 October 2024	$1,631.00	Rent arrears to 10 October 2024
Previous order application 4823280 dated 19/04/2024 and 4630909 dated 20/7/2023	$10,553.86	Previous order application 4823280 dated 19/04/2024 and 4630909 dated 20/7/2023
Net award	$12,184.86
Total payable by Tenant to Landlord	$12,184.86

TERENCE KAKA TUTAHIONE owes Kāinga Ora–Homes And Communities $12,184.86 (“the debt”) as set out in the table below.

TERENCE KAKA TUTAHIONE must pay rent and the debt as follows: a. By 580 weekly payments of $200.00, being $179.00 for rent and $21.00 for the debt. b. A final payment of $183.86, being $179.00 for rent and $4.86 for the debt. c. Payments will be every Thursday, with the first payment on 10/10/2024 and continuing until 22/11/2035.

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 20 Arawa Street, Welbourn, New Plymouth 4312 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 orders made on under applications 4823280 (19 April 2024) and 4630909 (20 July 2023).

Reasons

Both parties attended the hearing which took place by telephone on 8 October 2024.

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

There are earlier orders of the Tribunal made in this tenancy. These orders followed mediation.

First, on 20 July 2023 a mediator’s order sealed by Adjudicator R Morgan set out that there was a debt of $5,663.86 as at 28 July 2023. Arrears however continued to accrue and on 19 April 2024 Adjudicator Lamdin sealed a further mediator’s order for arrears of $10,553.86 which set out that these were the arrears to 9 April 2024.

The landlord agreed at the hearing that the order dated 19 April 2024 took into account all debt as at 9 April 2024, so that this second order incorporates the earlier order (although this is not referred to on the face of the order itself). This can also be clearly seen from the complete rent summary that has been filed for this application. This shows the amount increase from $5,663.86 owed in July 2023 to $10,553.86 on 9 April 2024.

These orders have been incorporated into this order and this is now the only order that should be enforced.

Should a conditional termination order be made?

The rent is at least 21 days in arrears on the date the application was filed.

As at the date of the hearing the tenant’s last payment was made on 19 September 2024. This means to the end of this rental week, on 10 October 2024, his arrears are $12,184.86.

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 landlord specifically seeks a conditional termination order to give the opportunity to the tenant to pay his arrears. I am satisfied that the tenant will pay the arrears within the period specified in the order because the tenant has made a firm commitment to contact his bank and set up an automatic payment, he has an income source and has now got help with his budget. I consider that he 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.

I have not granted name suppression. The tenant has not been wholly or substantially successful and I see no other reason to grant suppression of identifying details (s95A, RTA). The landlord did not seek the filing fee.

Claims and awards in Tenancy Tribunal application 4999549 — net $12,184.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 October 2024	$1,631.00	Rent arrears to 10 October 2024
Previous order application 4823280 dated 19/04/2024 and 4630909 dated 20/7/2023	$10,553.86	Previous order application 4823280 dated 19/04/2024 and 4630909 dated 20/7/2023
Net award	$12,184.86
Total payable by Tenant to Landlord	$12,184.86

Order

TERENCE KAKA TUTAHIONE owes Kāinga Ora–Homes And Communities $12,184.86 (“the debt”) as set out in the table below.
TERENCE KAKA TUTAHIONE must pay rent and the debt as follows: a. By 580 weekly payments of $200.00, being $179.00 for rent and $21.00 for the debt. b. A final payment of $183.86, being $179.00 for rent and $4.86 for the debt. c. Payments will be every Thursday, with the first payment on 10/10/2024 and continuing until 22/11/2035.
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 20 Arawa Street, Welbourn, New Plymouth 4312 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 orders made on under applications 4823280 (19 April 2024) and 4630909 (20 July 2023).

Reasons

Both parties attended the hearing which took place by telephone on 8 October 2024.
The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination. Previous orders
There are earlier orders of the Tribunal made in this tenancy. These orders followed mediation.
First, on 20 July 2023 a mediator’s order sealed by Adjudicator R Morgan set out that there was a debt of $5,663.86 as at 28 July 2023. Arrears however continued to accrue and on 19 April 2024 Adjudicator Lamdin sealed a further mediator’s order for arrears of $10,553.86 which set out that these were the arrears to 9 April 2024.
The landlord agreed at the hearing that the order dated 19 April 2024 took into account all debt as at 9 April 2024, so that this second order incorporates the earlier order (although this is not referred to on the face of the order itself). This can also be clearly seen from the complete rent summary that has been filed for this application. This shows the amount increase from $5,663.86 owed in July 2023 to $10,553.86 on 9 April 2024.
These orders have been incorporated into this order and this is now the only order that should be enforced.

Should a conditional termination order be made?

The rent is at least 21 days in arrears on the date the application was filed.
As at the date of the hearing the tenant’s last payment was made on 19 September 2024. This means to the end of this rental week, on 10 October 2024, his arrears are $12,184.86.
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 landlord specifically seeks a conditional termination order to give the opportunity to the tenant to pay his arrears. I am satisfied that the tenant will pay the arrears within the period specified in the order because the tenant has made a firm commitment to contact his bank and set up an automatic payment, he has an income source and has now got help with his budget. I consider that he 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.
I have not granted name suppression. The tenant has not been wholly or substantially successful and I see no other reason to grant suppression of identifying details (s95A, RTA). The landlord did not seek the filing fee.

Tenancy Tribunal case 4999549 — Rent arrears at 20 Arawa Street, Welbourn, New Plymouth 4312

At a glance

Tenancy Tribunal case 4999549 — Rent arrears at 20 Arawa Street, Welbourn, New Plymouth 4312

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