What was the outcome of Tenancy Tribunal case 5074029?

The tribunal order states: The tenancy of Siniva Vaeai and Tagaloa Faumuiga at 22 Border Road,

How much money was awarded in case 5074029?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5074029?

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

Where can I read the official tribunal order for case 5074029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11233332-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5074029?

The tribunal order states: The tenancy of Siniva Vaeai and Tagaloa Faumuiga at 22 Border Road,

How much money was awarded in case 5074029?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5074029?

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

Where can I read the official tribunal order for case 5074029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11233332-Tenancy_Tribunal_Order.pdf.

22 Border Road, Henderson, Auckland 0612 Tenancy Tribunal Case 5074029 — Rent arrears

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Order

The tenancy of Siniva Vaeai and Tagaloa Faumuiga at 22 Border Road, Henderson, Auckland 0612 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59 pm on Wednesday 15 January 2025.

Siniva Vaeai and Tagaloa Faumuiga must pay Kāinga Ora–Homes And Communities $2,159.01 immediately, being rent arrears to 17 December 2024.

Reasons

Both parties attended the hearing which was held by teleconference.

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

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.

The landlord provided rent records which prove the amount owing to 17 December 2024.

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 tenant first went into rent arrears in July 2024. The landlord made an application to Tenancy Services and the application went to mediation in October 2024. A payment plan was mediated and an Order sealed. However the tenant quickly breached the Order and Kainga Ora made an application to the Tenancy Tribunal.

Today the tenant stated that he has tried his best to get on top of the arrears, but 2024 has been a hard year for him and his family as his work hours were cut from 40 hours per week to 24 hours per week. The tenant also stated he has sought assistance from Work and Income New Zealand but they have been unable to offer further assistance due to the amount of his income.

Given the amount of arrears owing and the tenants’ inability to pay off the arrears without making further breaches, I cannot be satisfied the tenant will pay the debt within the period specified in an order without committing further relevant breaches. I have declined to grant a conditional termination order.

I have pushed the termination date out to four weeks from today’s date. I note that the landlord has intimated that if the arrears is cleared before termination, they may not seek enforcement of the termination.

Order

Siniva Vaeai and Tagaloa Faumuiga must pay Kāinga Ora–Homes And Communities $2,159.01 immediately, being rent arrears to 17 December 2024.

Reasons

Both parties attended the hearing which was held by teleconference.

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

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.

The landlord provided rent records which prove the amount owing to 17 December 2024.

Should a conditional termination order be made?

Tenancy Tribunal case 5074029 — Rent arrears at 22 Border Road, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 5074029 — Rent arrears at 22 Border Road, 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