What was the outcome of Tenancy Tribunal case 5192912?

The tribunal order states: The tenancy of Kathleen Dehl Daniel at 18 Sabot Place, Massey, Auckland

How much money was awarded in case 5192912?

Rent Arrears: $4,098.13 awarded to landlord

What type of tenancy dispute was case 5192912?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5192912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11784766-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5192912?

The tribunal order states: The tenancy of Kathleen Dehl Daniel at 18 Sabot Place, Massey, Auckland

How much money was awarded in case 5192912?

Rent Arrears: $4,098.13 awarded to landlord

What type of tenancy dispute was case 5192912?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5192912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11784766-Tenancy_Tribunal_Order.pdf.

18 Sabot Place, Massey, Auckland 0614 Tenancy Tribunal Case 5192912 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5192912 — net $4,098.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 01 May 2025	$4,098.13	Rent arrears to 01 May 2025
Net award	$4,098.13
Total payable by Tenant to Landlord	$4,098.13

The tenancy of Kathleen Dehl Daniel at 18 Sabot Place, Massey, Auckland 0614 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 4pm, Thursday, 01 May 2025. DescriptionLandlord Rent arrears to 01 May 2025$4,098.13 Total award$4,098.13 Total payable by Tenant to Landlord$4,098.13

Reasons

Ms Rea attended the hearing via teleconference on behalf of the landlord.

I attempted to call Ms. Daniel, the tenant, twice but was unsuccessful.

I understand Ms. Daniel still resides at the property. Given the evidence and submissions filed, it was no surprise that she did not attend today’s hearing.

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

On instructions from the landlord, Ms. Rea asked if I could consider a conditional order under section 55(1A) of the Residential Tenancies Act 1986 (‘RTA’), rather than immediate termination of the tenancy under section 55(1)(a) of the RTA..

I can grant a conditional order, if, but only if, I am satisfied that: a. the tenant will pay any rent in arrear within a period specified by the Tribunal; and b. it is unlikely that the tenant will commit any further breach of not paying the rent. Ms Rea’s submissions

Ms Daniel has not been engaging with the landlord, and it seems to come down to a few key issues. First, she and her partner deeply distrust government agencies, which makes them avoid contact, even when it is about something as serious as rent arrears. They also do not have bank accounts due to past legal issues, so they rely on her partner’s father to pay rent—but when that arrangement fell apart, the payments stopped, and the rent arrears piled up since December 2024. It is unclear why Ms. Daniel and her partner cannot open bank accounts.

On top of that, Ms Daniel has not been working or receiving a benefit, leaving her financially vulnerable. Despite the landlord’s attempts to mediate and set up payment plans, she did not show up to meetings, likely because she either felt overwhelmed or saw no point in engaging.

The landlord is now seeking a conditional order or, alternatively, immediate termination of the tenancy. Given Ms Daniel’s ongoing avoidance and the growing rent arrears, it is clear the situation cannot continue as it is.

Accordingly, I am not satisfied on the balance of probabilities that Ms Daniel will engage with the landlord or pay her rent.

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 at the end of the tenancy. Name suppression

The landlord is seeking name suppression for Ms Daniel.

I decline to grant the application for two reasons: a. Ms Daniel’s personal interest does not outweigh the open justice principle; and b. It is Ms. Daniel’s own decision not to engage with the landlord.

Order

Claims and awards in Tenancy Tribunal application 5192912 — net $4,098.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 01 May 2025	$4,098.13	Rent arrears to 01 May 2025
Net award	$4,098.13
Total payable by Tenant to Landlord	$4,098.13

Reasons

Ms Rea attended the hearing via teleconference on behalf of the landlord.

I attempted to call Ms. Daniel, the tenant, twice but was unsuccessful.

I understand Ms. Daniel still resides at the property. Given the evidence and submissions filed, it was no surprise that she did not attend today’s hearing.

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

Accordingly, I am not satisfied on the balance of probabilities that Ms Daniel will engage with the landlord or pay her rent.

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 at the end of the tenancy. Name suppression

The landlord is seeking name suppression for Ms Daniel.

Tenancy Tribunal case 5192912 — Rent arrears at 18 Sabot Place, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5192912 — Rent arrears at 18 Sabot Place, Massey, Auckland 0614

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions