What was the outcome of Tenancy Tribunal case 5023508?

The tribunal order states: Telesia Vehikite and Siosiua Halo owes Kāinga Ora–Homes And Communities

How much money was awarded in case 5023508?

Being: $1,286.00 awarded to landlord; For Rent And: $114.00 awarded to landlord

What type of tenancy dispute was case 5023508?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5023508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11204301-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5023508?

The tribunal order states: Telesia Vehikite and Siosiua Halo owes Kāinga Ora–Homes And Communities

How much money was awarded in case 5023508?

Being: $1,286.00 awarded to landlord; For Rent And: $114.00 awarded to landlord

What type of tenancy dispute was case 5023508?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5023508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11204301-Tenancy_Tribunal_Order.pdf.

27 Brookwood Drive, Henderson, Auckland 0612 Tenancy Tribunal Case 5023508 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5023508. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$1,286.00		being
for rent and	$114.00		for rent and

Telesia Vehikite and Siosiua Halo owes Kāinga Ora–Homes And Communities $10,033.00, being rent arrears owing to 6 December 2024 and rent due for the period 7 December 2024 to 19 December 2024 (“the debt”).

Telesia Vehikite and Siosiua Halo must pay rent and the debt as follows: a. By fortnightly payments of $1,400.00, being $1,286.00 for rent and $114.00 for the debt. b. Payments will be fortnightly on a Thursday, with the first payment on Thursday 19 December 2024 and continuing until the debt is paid in full.

Payments will be allocated in the following order: firstly rent, and then rent arrears.

If the tenants fail to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 27 Brookwood Drive, Henderson, Auckland 0612 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing which was held by teleconference on 6 December 2024. Ms Vehikite represented the tenants.

The landlord has applied for termination of the tenancy and rent arrears. The tenants want 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 (“RTA”).

The tenants have acknowledged the rent arrears and have explained the circumstances that led to the accumulation of this debt. Importantly, they have expressed a clear intent to rectify the situation by meeting their rent obligations going forward and have agreed to a repayment arrangement with the landlord. This repayment plan demonstrates their commitment to resolving the issue and suggests that the tenants are taking responsibility for their financial obligations. Furthermore, the landlord has consented to this repayment arrangement, showing a mutual willingness to resolve the issue without resorting to the immediate termination of the tenancy.

Given these factors, it seems reasonable to grant a conditional termination order. The tenants have demonstrated both a willingness and ability to pay the debt and there is no indication that they are likely to commit any further relevant breach. I have granted a conditional termination order. The conditional termination order allows for the continuation of the tenancy as long as the tenants fulfil their obligations.

The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) RTA.

Order

Claims and awards in Tenancy Tribunal application 5023508. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$1,286.00		being
for rent and	$114.00		for rent and

Payments will be allocated in the following order: firstly rent, and then rent arrears.

Reasons

Both parties attended the hearing which was held by teleconference on 6 December 2024. Ms Vehikite represented the tenants.

The landlord has applied for termination of the tenancy and rent arrears. The tenants want to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Tenancy Tribunal case 5023508 — Rent arrears at 27 Brookwood Drive, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 5023508 — Rent arrears at 27 Brookwood Drive, Henderson, Auckland 0612

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions