What was the outcome of Tenancy Tribunal case 5096050?

The tribunal order states: Laurette Helen White must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5096050?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5096050?

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

Where can I read the official tribunal order for case 5096050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11340062-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5096050?

The tribunal order states: Laurette Helen White must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5096050?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5096050?

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

Where can I read the official tribunal order for case 5096050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11340062-Tenancy_Tribunal_Order.pdf.

327 Brockville Road, Brockville, Dunedin 9011 Tenancy Tribunal Case 5096050 — Rent arrears

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Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made to her at the scheduled time on the number provided to the Tribunal.

Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.

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

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 is currently $16,915.00 in arrears. According to information provided by Kāinga Ora–Homes And Communities, the tenant first went into rent arrears in 2015. Her arrears then ballooned from approximately $7,000.00 to more than $17,000.00 in 2021.

I note from the rent summary that the tenant has been paying rent plus an extra $25.00 per week towards rent arrears, regularly and reliably over the last 12 months.

At this rate however, it will take approximately 676 weeks, or 13 full years for the tenant to pay off her rent arrears.

For the Tribunal to terminate a tenancy on a conditional basis, the Tribunal 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.

Were I to issue an order for conditional termination, I would be granting Kāinga Ora–Homes And Communities the power to unilaterally terminate the tenancy for any qualifying rent breach in the next 13 years. In my view, this would amount to delegating Tribunal powers to Kāinga Ora–Homes And Communities. I am not prepared to do that.

The amount of rent arrears owing is so great that the time required to pay off the arrears is also so great that I cannot be satisfied that the tenant will not breach the terms of an order for conditional termination. This is particularly the case given that the tenant did not attend the hearing and my understanding of her personal circumstances is limited.

Given my indication that I would not be issuing an order for conditional termination on this tenancy, the Kāinga Ora–Homes And Communities representative today explained that he was not seeking final termination of the tenancy, but was seeking a monetary order for the full amount of rent arrears instead.

The landlord has provided rent records which prove the amount owing.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made to her at the scheduled time on the number provided to the Tribunal.

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

Should a conditional termination order be made?

I note from the rent summary that the tenant has been paying rent plus an extra $25.00 per week towards rent arrears, regularly and reliably over the last 12 months.

At this rate however, it will take approximately 676 weeks, or 13 full years for the tenant to pay off her rent arrears.

The landlord has provided rent records which prove the amount owing.

Tenancy Tribunal case 5096050 — Rent arrears at 327 Brockville Road, Brockville, Dunedin 9011

At a glance

Tenancy Tribunal case 5096050 — Rent arrears at 327 Brockville Road, Brockville, Dunedin 9011

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