What was the outcome of Tenancy Tribunal case 5093671?

The tribunal order states: Tracy Anne Bond owes Kāinga Ora–Homes And Communities $6,527.14 (“the

How much money was awarded in case 5093671?

Being: $431.00 awarded to landlord; For Rent And: $19.00 awarded to landlord

What type of tenancy dispute was case 5093671?

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

Where can I read the official tribunal order for case 5093671?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11337131-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5093671?

The tribunal order states: Tracy Anne Bond owes Kāinga Ora–Homes And Communities $6,527.14 (“the

How much money was awarded in case 5093671?

Being: $431.00 awarded to landlord; For Rent And: $19.00 awarded to landlord

What type of tenancy dispute was case 5093671?

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

Where can I read the official tribunal order for case 5093671?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11337131-Tenancy_Tribunal_Order.pdf.

3 Clover Drive, Henderson, Auckland 0610 Tenancy Tribunal Case 5093671 — Rent arrears

Claims and awards in Tenancy Tribunal application 5093671. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$431.00		being
for rent and	$19.00		for rent and

Order

Tracy Anne Bond owes Kāinga Ora–Homes And Communities $6,527.14 (“the debt”).
Tracy Anne Bond must pay rent and the debt as follows: a. By 343 weekly payments of $450.00, being $431.00 for rent and $19.00 for the debt, and one final payment of $10.14. b. Payments will be every week, with the first payment on Thursday 23 January 2025, and continuing until the arrears is cleared.
Payments will be allocated in the following order: rent, rent arrears.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord stated that rent arrears at the date of the hearing is $6,527.14.
The landlord has applied for conditional termination of the tenancy which is a remedy available to the Tribunal under section 55(1A) of the Residential Tenancies Act, 1986 (the “RTA).
The representative for Kāinga Ora–Homes And Communities stated that if a conditional termination was not granted, she was seeking final termination of the tenancy. History of the tenancy
This tenancy began in 2017. The representative for Kāinga Ora–Homes And Communities stated that rent arrears began accruing in 2019, but that because of a government directive from 2017 for Kāinga Ora–Homes And Communities not to seek termination for rent arrears, rent arrears breaches were not addressed by applications to the Tribunal for termination of the tenancy, until the government policy changed in November 2023 or December 2023.
The rent summary provided shows that rent arrears for this tenancy peaked in February 2024 at $8,781.14. Since then, rent arrears has been steadily reducing. It appears in fact that the tenant has effectively not missed a rent payment since January 2024. I say “effectively” because in March 2024 a week’s rent was missed, but then it was made up the very next week.
From January 2024 to October 2024 the tenant paid $335.00 rent plus an extra $50.00 per week towards arrears ($385.00 per week total).
In October 2024 the tenant’s rent was increased by $96.00 to $431.00 per week, and her payments towards arrears reduced to an extra $19.00 per week ($450.00 per week total).
A document provided by Kāinga Ora–Homes And Communities indicates that three mediations have been held; one in 2017, one in 2018 and one in 2024. The same document claims the mediated order of 2024 has been breached 5 times. I am not persuaded that the rent summary supports this claim.
According to the information before me today, no application to the Tribunal was brought by Kāinga Ora–Homes And Communities between February 2018 and April 2024.
Despite the tenant’s apparent conscientiousness in addressing rent arrears over the last year, Kāinga Ora–Homes And Communities has now filed this application to terminate the tenancy on 3 December 2024, in the first instance, on a conditional basis. Application for a conditional termination
For the Tribunal to terminate a tenancy on a conditional basis, it must be satisfied the tenant will pay the arrears within the specified period, and there will be no further breach of a similar kind to which paragraphs (a), (b) or (c) applies. (See RTA 55(1A)(a) and (b)). The only paragraph of those three that is relevant to this application is paragraph (a) which relates to payment of rent. This means that I must be satisfied that there will be no further rent breaches within the term of the order.
For the current rent arrears of $6,527.14 to be paid off at the current rate of $19.00 per week, it will take just over 343 weeks or 6 years and 7 months. To order this, I must be satisfied that the tenant will not breach the conditional order. If the tenant did breach the terms of the order by missing a payment, the landlord would have the power to terminate the tenancy without the need to return to the Tribunal.
I note that even though the tenant has been largely reliable in paying rent and rent arrears since 22 February 2024, she missed one rent arrears top-up payment on 31 May 2024 (which was paid seven days later), and another top- up payment on 14 November 2024.
Whereas it would be remarkable for a landlord to seek immediate termination because of a breach such as these, I already find it somewhat remarkable that Kāinga Ora–Homes And Communities is seeking termination of a tenancy in which the tenant is now finally paying rent and rent arrears reliably, such as the case here.
The tenant in this case stated that she was not happy with the idea that she could be bound to a conditional termination order extending over six years and seven months because she knows that circumstances change. She stated that recently her rent was increased from $335.00 per week to $431.00 per week even though her pay hadn’t increased. Whereas she is now paying $450.00 per week including her $19.00 top up for rent arrears, she says this is the absolute maximum she can afford. She stated that she has a stable job that she has held for 9 or 10 years, but she is aware that a tax increase is likely to hit her in April 2025 which will mean her income will drop. She stated that she has a 25-year- old disabled son who lives permanently with her and is likely to be dependent on her for the rest of her life. Her son has a rare syndrome which means he is unlikely to develop beyond an intellectual age of a 15-year-old and he also has physical issues. She stated that whereas she has no intention of not paying her rent, sometimes things happen that are out of her control or that she didn’t anticipate. The pending tax increase was one example she gave, and others she gave were her car breaking down or getting clamped, or her being scammed and losing money.
The tenant’s submissions are very persuasive in convincing me that I cannot be satisfied that she is unlikely to commit further rent breaches in the next 6 years and 7 months.
Because of all the circumstances above, I decline to order a conditional termination.

Should a final termination be ordered?

Section 134 of the RTA states that where a landlord fails to enforce any obligation of the tenant, they shall not be prevented from enforcing that obligation or exercising any remedy in the event of a subsequent breach by the tenant. However any waiver or failure to enforce may be taken into consideration by the Tribunal if the landlord subsequently applies to the Tribunal for an order terminating the tenancy.
In this case the information before me today shows that between February 2018 and April 2024, the landlord did not seek to address the issue of accumulating rent arrears. In fact it appears Kāinga Ora–Homes And Communities was constrained by a government directive not to seek termination, (or conditional termination) of a tenancy due to rent arrears. I consider the ability to seek termination of a tenancy an effective measure for having tenants address rent arrears.
Kāinga Ora–Homes And Communities is not precluded from now seeking payment of the arrears or seeking termination because of the amount of the rent arrears, but I may take into consideration Kāinga Ora–Homes And Communities’ waiver of the breach or their failure to enforce the tenant’s obligations, such as has occurred over the six years between applications to Tenancy Services.
In this six-year period, rent arrears ballooned out to around $8,000.00 which is a virtually insurmountable amount to be repaid by a person in this tenant’s position, within a reasonable timeframe.
As well as the factors discussed above, I also take into account that market rent in Auckland is substantial, and although this tenant’s rent is means tested, her rent increases as her ability to pay an increased rent increases, which means that her ability to repay rent arrears on top of her rent, is constantly kept to a minimum.
When I take into consideration Kāinga Ora–Homes And Communities’ waiver or failure to enforce, I come to the conclusion that it would not be a reasonable outcome to order termination of this tenancy, and on that basis, I decline to do so. Rent arrears
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
A monetary order is made on the existing conditions for repayment of the debt.
Either party may make an application to the Tribunal for the terms of the order to be varied if either of their respective circumstances materially change.

Claims and awards in Tenancy Tribunal application 5093671. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$431.00		being
for rent and	$19.00		for rent and

Order

Tracy Anne Bond owes Kāinga Ora–Homes And Communities $6,527.14 (“the debt”).
Tracy Anne Bond must pay rent and the debt as follows: a. By 343 weekly payments of $450.00, being $431.00 for rent and $19.00 for the debt, and one final payment of $10.14. b. Payments will be every week, with the first payment on Thursday 23 January 2025, and continuing until the arrears is cleared.
Payments will be allocated in the following order: rent, rent arrears.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord stated that rent arrears at the date of the hearing is $6,527.14.
The landlord has applied for conditional termination of the tenancy which is a remedy available to the Tribunal under section 55(1A) of the Residential Tenancies Act, 1986 (the “RTA).
The representative for Kāinga Ora–Homes And Communities stated that if a conditional termination was not granted, she was seeking final termination of the tenancy. History of the tenancy
This tenancy began in 2017. The representative for Kāinga Ora–Homes And Communities stated that rent arrears began accruing in 2019, but that because of a government directive from 2017 for Kāinga Ora–Homes And Communities not to seek termination for rent arrears, rent arrears breaches were not addressed by applications to the Tribunal for termination of the tenancy, until the government policy changed in November 2023 or December 2023.
The rent summary provided shows that rent arrears for this tenancy peaked in February 2024 at $8,781.14. Since then, rent arrears has been steadily reducing. It appears in fact that the tenant has effectively not missed a rent payment since January 2024. I say “effectively” because in March 2024 a week’s rent was missed, but then it was made up the very next week.
From January 2024 to October 2024 the tenant paid $335.00 rent plus an extra $50.00 per week towards arrears ($385.00 per week total).
In October 2024 the tenant’s rent was increased by $96.00 to $431.00 per week, and her payments towards arrears reduced to an extra $19.00 per week ($450.00 per week total).
A document provided by Kāinga Ora–Homes And Communities indicates that three mediations have been held; one in 2017, one in 2018 and one in 2024. The same document claims the mediated order of 2024 has been breached 5 times. I am not persuaded that the rent summary supports this claim.
According to the information before me today, no application to the Tribunal was brought by Kāinga Ora–Homes And Communities between February 2018 and April 2024.
Despite the tenant’s apparent conscientiousness in addressing rent arrears over the last year, Kāinga Ora–Homes And Communities has now filed this application to terminate the tenancy on 3 December 2024, in the first instance, on a conditional basis. Application for a conditional termination
For the Tribunal to terminate a tenancy on a conditional basis, it must be satisfied the tenant will pay the arrears within the specified period, and there will be no further breach of a similar kind to which paragraphs (a), (b) or (c) applies. (See RTA 55(1A)(a) and (b)). The only paragraph of those three that is relevant to this application is paragraph (a) which relates to payment of rent. This means that I must be satisfied that there will be no further rent breaches within the term of the order.
For the current rent arrears of $6,527.14 to be paid off at the current rate of $19.00 per week, it will take just over 343 weeks or 6 years and 7 months. To order this, I must be satisfied that the tenant will not breach the conditional order. If the tenant did breach the terms of the order by missing a payment, the landlord would have the power to terminate the tenancy without the need to return to the Tribunal.
I note that even though the tenant has been largely reliable in paying rent and rent arrears since 22 February 2024, she missed one rent arrears top-up payment on 31 May 2024 (which was paid seven days later), and another top- up payment on 14 November 2024.
Whereas it would be remarkable for a landlord to seek immediate termination because of a breach such as these, I already find it somewhat remarkable that Kāinga Ora–Homes And Communities is seeking termination of a tenancy in which the tenant is now finally paying rent and rent arrears reliably, such as the case here.
The tenant in this case stated that she was not happy with the idea that she could be bound to a conditional termination order extending over six years and seven months because she knows that circumstances change. She stated that recently her rent was increased from $335.00 per week to $431.00 per week even though her pay hadn’t increased. Whereas she is now paying $450.00 per week including her $19.00 top up for rent arrears, she says this is the absolute maximum she can afford. She stated that she has a stable job that she has held for 9 or 10 years, but she is aware that a tax increase is likely to hit her in April 2025 which will mean her income will drop. She stated that she has a 25-year- old disabled son who lives permanently with her and is likely to be dependent on her for the rest of her life. Her son has a rare syndrome which means he is unlikely to develop beyond an intellectual age of a 15-year-old and he also has physical issues. She stated that whereas she has no intention of not paying her rent, sometimes things happen that are out of her control or that she didn’t anticipate. The pending tax increase was one example she gave, and others she gave were her car breaking down or getting clamped, or her being scammed and losing money.
The tenant’s submissions are very persuasive in convincing me that I cannot be satisfied that she is unlikely to commit further rent breaches in the next 6 years and 7 months.
Because of all the circumstances above, I decline to order a conditional termination.

Should a final termination be ordered?

Section 134 of the RTA states that where a landlord fails to enforce any obligation of the tenant, they shall not be prevented from enforcing that obligation or exercising any remedy in the event of a subsequent breach by the tenant. However any waiver or failure to enforce may be taken into consideration by the Tribunal if the landlord subsequently applies to the Tribunal for an order terminating the tenancy.
In this case the information before me today shows that between February 2018 and April 2024, the landlord did not seek to address the issue of accumulating rent arrears. In fact it appears Kāinga Ora–Homes And Communities was constrained by a government directive not to seek termination, (or conditional termination) of a tenancy due to rent arrears. I consider the ability to seek termination of a tenancy an effective measure for having tenants address rent arrears.
Kāinga Ora–Homes And Communities is not precluded from now seeking payment of the arrears or seeking termination because of the amount of the rent arrears, but I may take into consideration Kāinga Ora–Homes And Communities’ waiver of the breach or their failure to enforce the tenant’s obligations, such as has occurred over the six years between applications to Tenancy Services.
In this six-year period, rent arrears ballooned out to around $8,000.00 which is a virtually insurmountable amount to be repaid by a person in this tenant’s position, within a reasonable timeframe.
As well as the factors discussed above, I also take into account that market rent in Auckland is substantial, and although this tenant’s rent is means tested, her rent increases as her ability to pay an increased rent increases, which means that her ability to repay rent arrears on top of her rent, is constantly kept to a minimum.
When I take into consideration Kāinga Ora–Homes And Communities’ waiver or failure to enforce, I come to the conclusion that it would not be a reasonable outcome to order termination of this tenancy, and on that basis, I decline to do so. Rent arrears
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
A monetary order is made on the existing conditions for repayment of the debt.
Either party may make an application to the Tribunal for the terms of the order to be varied if either of their respective circumstances materially change.

Tenancy Tribunal case 5093671 — Rent arrears at 3 Clover Drive, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 5093671 — Rent arrears at 3 Clover Drive, Henderson, Auckland 0610

At a glance

Claims & awards

Order

Reasons

Should a final termination be ordered?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a final termination be ordered?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions