What was the outcome of Tenancy Tribunal case 5077968?

The tribunal order states: ABDUL KADIR MOHAMUD WARSAME owes Kāinga Ora–Homes And

How much money was awarded in case 5077968?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5077968?

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

Where can I read the official tribunal order for case 5077968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11273976-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5077968?

The tribunal order states: ABDUL KADIR MOHAMUD WARSAME owes Kāinga Ora–Homes And

How much money was awarded in case 5077968?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5077968?

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

Where can I read the official tribunal order for case 5077968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11273976-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 205, 13 Martin Avenue, Mount Albert, Tenancy Tribunal Case 5077968 — Rent arrears

Order

ABDUL KADIR MOHAMUD WARSAME owes Kāinga Ora–Homes And Communities $651.00 (“the debt”) being rent arrears to 7 January 2025.

The tenant must pay: (a) Weekly payments of rent (currently $88.00) beginning today 7 January 2025. (b) Weekly payments in reduction of the debt of $10.00 beginning today 7 January 2025.

Payments will be allocated in the following order: rent and then the debt.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat Unit 205, 13 Martin Avenue, Mount Albert, Auckland 1025 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

The landlord attended the hearing by telephone.

The tenant was telephoned three times but did not answer and so three messages were left.

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

I am satisfied the tenant will pay the debt within the period specified in the order and 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. Suppression

The landlord requested suppression of the tenant’s name and details.

Section 95A (4) RTA allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.

In the case of Erceg v Erceg [2016] NZSC 135 at [2]-[3],[13], and [18], the Supreme Court stated the principle of open justice was fundamental to the common law system of civil and criminal justice. The Court stated that it was well established that there were circumstances in which the interests of justice required departure from the general principle, but only to the extent required to serve the administration of justice. The Court referred to the administration of justice standard as capable of accommodating the particular circumstances of individual cases with consideration given to the broader public interest. The Court went onto endorse the principle in ASB Bank Ltd v AB [2010] 3 NZLR 427 (HC), stating, that there must be specific adverse consequences sufficient to justify an exception to the rule, adding that the threshold was a high one.

This is a simple case of rent arrears that has not been disputed by the tenant. It is in the public interest that the name of a tenant who has fallen so far into arrears that his tenancy could have been terminated is published.

It is appropriate that the tenant’s name be published as the Tribunal’s order is against the tenant. The landlord’s application for suppression of the tenant’s name is dismissed.

Order

ABDUL KADIR MOHAMUD WARSAME owes Kāinga Ora–Homes And Communities $651.00 (“the debt”) being rent arrears to 7 January 2025.
The tenant must pay: (a) Weekly payments of rent (currently $88.00) beginning today 7 January 2025. (b) Weekly payments in reduction of the debt of $10.00 beginning today 7 January 2025.
Payments will be allocated in the following order: rent and then the debt.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat Unit 205, 13 Martin Avenue, Mount Albert, Auckland 1025 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

The landlord attended the hearing by telephone.
The tenant was telephoned three times but did not answer and so three messages were left.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants 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.
I am satisfied the tenant will pay the debt within the period specified in the order and 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. Suppression
The landlord requested suppression of the tenant’s name and details.
Section 95A (4) RTA allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
In the case of Erceg v Erceg [2016] NZSC 135 at [2]-[3],[13], and [18], the Supreme Court stated the principle of open justice was fundamental to the common law system of civil and criminal justice. The Court stated that it was well established that there were circumstances in which the interests of justice required departure from the general principle, but only to the extent required to serve the administration of justice. The Court referred to the administration of justice standard as capable of accommodating the particular circumstances of individual cases with consideration given to the broader public interest. The Court went onto endorse the principle in ASB Bank Ltd v AB [2010] 3 NZLR 427 (HC), stating, that there must be specific adverse consequences sufficient to justify an exception to the rule, adding that the threshold was a high one.
This is a simple case of rent arrears that has not been disputed by the tenant. It is in the public interest that the name of a tenant who has fallen so far into arrears that his tenancy could have been terminated is published.
It is appropriate that the tenant’s name be published as the Tribunal’s order is against the tenant. The landlord’s application for suppression of the tenant’s name is dismissed.

Tenancy Tribunal case 5077968 — Rent arrears at Unit/Flat Unit 205, 13 Martin Avenue, Mount Albert,

At a glance

Tenancy Tribunal case 5077968 — Rent arrears at Unit/Flat Unit 205, 13 Martin Avenue, Mount Albert,

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