What was the outcome of Tenancy Tribunal case 5039688?

The tribunal order states: The tenancy of WAIKOHU MELBOURNE at 54B Thompson Crescent,

How much money was awarded in case 5039688?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5039688?

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

Where can I read the official tribunal order for case 5039688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11187981-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5039688?

The tribunal order states: The tenancy of WAIKOHU MELBOURNE at 54B Thompson Crescent,

How much money was awarded in case 5039688?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5039688?

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

Where can I read the official tribunal order for case 5039688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11187981-Tenancy_Tribunal_Order.pdf.

54B Thompson Crescent, Whakatane, Whakatane 3120 Tenancy Tribunal Case 5039688 — Rent arrears

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Order

The tenancy of WAIKOHU MELBOURNE at 54B Thompson Crescent, Whakatane, Whakatane 3120 is terminated, and possession is granted to Kāinga Ora–Homes And Communities immediately.

WAIKOHU MELBOURNE must pay Kāinga Ora–Homes And Communities $15,319.72 immediately, being rent arrears to 9 December 2024

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. The voicemail messaging system was inaccessible via the court telephony system. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.

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

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”).

The landlord provided rent records which prove the amount owing at the end of the tenancy.

Given the significant rent arrears I raised with the landlord mitigation of loss. See section 49 RTA. The timeline of engagement by the landlord with the tenant is of a long duration and highlights multiple attempts to work with the tenant to resolve the issues so the tenancy might continue. The failure leading to this termination order sits with the tenant. Having considered the evidence, submission, and the social housing function of the landlord I do not consider a failure to mitigate exists such that the monetary order for rent arrears should be reduced at this time. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord requested suppression of the tenant’s details in its application. Such suppression is not automatic. The request was based on a belief the tenant’s privacy outweighed any public interest and it wanted to “safeguard their ability to obtain another rental property.” The absence of the tenant from the hearing made any specific consideration of her circumstances more difficult.

In this instance, my thinking regarding weighting vis-à-vis public interest does not align with such sentiment. There has been a long history of related rent arrears and lack of engagement issues during this tenancy. It is right that future landlords have access to orders such as this. Obtaining a future rental may require the tenant to address any historic reasons and provide some certainty around her ability to pay rent in a timely manner to ensure a future tenancy can form and avoid any repeat of this situation.

Order

The tenancy of WAIKOHU MELBOURNE at 54B Thompson Crescent, Whakatane, Whakatane 3120 is terminated, and possession is granted to Kāinga Ora–Homes And Communities immediately.

WAIKOHU MELBOURNE must pay Kāinga Ora–Homes And Communities $15,319.72 immediately, being rent arrears to 9 December 2024

Reasons

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

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”).

The landlord provided rent records which prove the amount owing at the end of the tenancy.

Tenancy Tribunal case 5039688 — Rent arrears at 54B Thompson Crescent, Whakatane, Whakatane 3120

At a glance

Tenancy Tribunal case 5039688 — Rent arrears at 54B Thompson Crescent, Whakatane, Whakatane 3120

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions