What was the outcome of Tenancy Tribunal case 5088689?

The tribunal order states: Sapi Tauanae and Viliata Tauanae owe Kāinga Ora–Homes And Communities

How much money was awarded in case 5088689?

Being: $756.00 awarded to landlord; For Rent And: $84.00 awarded to landlord

What type of tenancy dispute was case 5088689?

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

Where can I read the official tribunal order for case 5088689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11470821-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5088689?

The tribunal order states: Sapi Tauanae and Viliata Tauanae owe Kāinga Ora–Homes And Communities

How much money was awarded in case 5088689?

Being: $756.00 awarded to landlord; For Rent And: $84.00 awarded to landlord

What type of tenancy dispute was case 5088689?

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

Where can I read the official tribunal order for case 5088689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11470821-Tenancy_Tribunal_Order.pdf.

13 Taurus Crescent, Beach Haven, Auckland 0626 Tenancy Tribunal Case 5088689 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5088689. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$756.00		being
for rent and	$84.00		for rent and

Sapi Tauanae and Viliata Tauanae owe Kāinga Ora–Homes And Communities $3,966.29 (“the debt”) being rent owed to 24 February 2025.

Sapi Tauanae and Viliata Tauanae must pay rent and the debt as follows: a. By fortnightly payments of $840.00, being $756.00 for rent and $84.00 for the debt. b. Payments will be every other Thursday, with the next payment on 27 February 2025 and continuing until the debt is paid in full.

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

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 13 Taurus Crescent, Beach Haven, Auckland 0626 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

The tenants can continue to pay additional amounts whenever they are able to.

This order incorporates the previous mediated order dated 11 August 2023 and made under application 4653469.

Reasons

Both parties attended the hearing.

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 already started paying the amount agreed in the hearing. They want to stay living in the house. I am persuaded the tenants are motivated, will pay the debt within the period specified in the order, and are unlikely to commit any further relevant breach. I have granted a conditional termination order.

I note we discussed the tenants paying $845 a fortnight in the hearing because this is what they are currently paying. After the hearing I noticed that the $5 payments have not been paid consistently. The landlord was happy to accept a payment agreement for $840 a fortnight and this is being paid regularly, so I have used this amount in the order. The tenants can pay the additional $5 any time they are able to. The amount the tenants MUST pay each fortnight is $840.

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) RTA.

There was a previous Mediator’s order which was not paid in full and the amount still owing has been incorporated into this order.

An application for suppression was made and not allowed because there is public interest when tenants owe money and in social housing.

Order

Claims and awards in Tenancy Tribunal application 5088689. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$756.00		being
for rent and	$84.00		for rent and

Sapi Tauanae and Viliata Tauanae owe Kāinga Ora–Homes And Communities $3,966.29 (“the debt”) being rent owed to 24 February 2025.

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

The tenants can continue to pay additional amounts whenever they are able to.

This order incorporates the previous mediated order dated 11 August 2023 and made under application 4653469.

Reasons

Both parties attended the hearing.

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?

There was a previous Mediator’s order which was not paid in full and the amount still owing has been incorporated into this order.

An application for suppression was made and not allowed because there is public interest when tenants owe money and in social housing.

Tenancy Tribunal case 5088689 — Rent arrears at 13 Taurus Crescent, Beach Haven, Auckland 0626

At a glance

Tenancy Tribunal case 5088689 — Rent arrears at 13 Taurus Crescent, Beach Haven, Auckland 0626

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