What was the outcome of Tenancy Tribunal case 5063211?

The tribunal order states: The tenancy of Winnie Alofa Kilisi at 2 Worcester Place, Cannons Creek,

How much money was awarded in case 5063211?

Rent Arrears: $41,235.00 awarded to landlord

What type of tenancy dispute was case 5063211?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5063211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11240639-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5063211?

The tribunal order states: The tenancy of Winnie Alofa Kilisi at 2 Worcester Place, Cannons Creek,

How much money was awarded in case 5063211?

Rent Arrears: $41,235.00 awarded to landlord

What type of tenancy dispute was case 5063211?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5063211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11240639-Tenancy_Tribunal_Order.pdf.

2 Worcester Place, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 5063211 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5063211 — net $41,063.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent due to 8 January 2025	$41,235.00	Rent arrears and rent due to 8 January 2025
Net award	$41,063.00
Total payable by Tenant to Landlord	$41,063.00

The tenancy of Winnie Alofa Kilisi at 2 Worcester Place, Cannons Creek, Porirua 5024 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59pm on Wednesday 8 January 2025.

The Bond Centre is to pay the bond of $172.00 (3111496-006) to Kāinga Ora– Homes And Communities immediately.

Winnie Alofa Kilisi must pay Kāinga Ora–Homes And Communities $41,063.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was held by teleconference on 18 December 2024. The tenant was contacted several times on the contact number provided in the application but on all occasions the phone call went to voicemail. I proceeded with the hearing in the tenant’s absence as I was satisfied that adequate service of the hearing notice had been completed.

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

Under section 55(1)(a) of the Residential Tenancies Act 1986 (RTA), the Tribunal must terminate a tenancy if satisfied that the rent was at least 21 days in arrears at the time the application was filed. I am satisfied that this threshold has been met, as the tenant was in arrears of at least 21 days when the application was lodged, with total arrears now amounting to $40,758.00.

The landlord has demonstrated that it took sufficient steps to mitigate loss, as required under section 49 of the RTA. The landlord provided evidence of multiple attempts to reach a resolution with the tenant, including efforts to communicate and negotiate a repayment plan. Despite these steps, the tenant failed to adhere to any agreements or make meaningful progress toward addressing the arrears.

The ongoing and substantial rent arrears, combined with the tenant’s failure to meet their commitments, justify termination of the tenancy. Section 55(1)(a) mandates termination in such circumstances, and the landlord is entitled to recover the outstanding rent arrears. The landlord has provided clear rent records to substantiate the amount owed, which the Tribunal accepts as reliable evidence. It is also reasonable to award rent owing to the deferred termination date of 8 January 2025.

The landlord has sought an order for suppression of the tenant’s name. The grounds advanced by the landlord in support of the application for suppression were the prejudice that might be suffered by the tenant on finding future tenancies, through having her name associated with an adverse decision.

The Tribunal has a discretion to grant name suppression to any party “having regard to the interests of the parties and to the public interest” (section 95A RTA).

In this instance there are no particular interests of the parties that would justify name suppression. General concerns about the risks of publication on finding future tenancies do not justify suppression. Therefore, I will not grant name suppression in this instance.

Order

Claims and awards in Tenancy Tribunal application 5063211 — net $41,063.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent due to 8 January 2025	$41,235.00	Rent arrears and rent due to 8 January 2025
Net award	$41,063.00
Total payable by Tenant to Landlord	$41,063.00

The Bond Centre is to pay the bond of $172.00 (3111496-006) to Kāinga Ora– Homes And Communities immediately.

Winnie Alofa Kilisi must pay Kāinga Ora–Homes And Communities $41,063.00 immediately, calculated as shown in the table below:

Reasons

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

The Tribunal has a discretion to grant name suppression to any party “having regard to the interests of the parties and to the public interest” (section 95A RTA).

Tenancy Tribunal case 5063211 — Rent arrears at 2 Worcester Place, Cannons Creek, Porirua 5024

At a glance

Tenancy Tribunal case 5063211 — Rent arrears at 2 Worcester Place, Cannons Creek, Porirua 5024

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions