What was the outcome of Tenancy Tribunal case 5235671?

The tribunal order states: Faanuu Fetu and Toetu Finau owes Kāinga Ora–Homes And Communities

How much money was awarded in case 5235671?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,597.43 awarded to landlord

What type of tenancy dispute was case 5235671?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5235671?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11932356-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5235671?

The tribunal order states: Faanuu Fetu and Toetu Finau owes Kāinga Ora–Homes And Communities

How much money was awarded in case 5235671?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,597.43 awarded to landlord

What type of tenancy dispute was case 5235671?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5235671?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11932356-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 1, 96 Trevor Hosken Drive, Wiri, Auckland Tenancy Tribunal Case 5235671 — Rent arrears

Claims and awards in Tenancy Tribunal application 5235671 — net $1,624.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 June 2025	$1,597.43	Rent arrears to 4 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,624.43
Total payable by Tenant to Landlord	$1,624.43

Order

Faanuu Fetu and Toetu Finau owes Kāinga Ora–Homes And Communities $1,624.43 (“the debt”), calculated as shown in the table below.
Faanuu Fetu and Toetu Finau must pay rent and the debt as follows: a. By 40 weekly payments of $234.00, being $194.00 for rent and $40.00 for the debt. b. A final payment of $218.43, being $194.00 for rent and $24.43 for the debt. c. Payments will be every Thursday, with the first payment on 05/06/2025 and continuing until 12/03/2026.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat Flat 1, 96 Trevor Hosken Drive, Wiri, Auckland 2104 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing. Faanuu Fetu attended the hearing on behalf of the tenant. Toetu Finau did not attend.
The landlord has applied for termination of the tenancy and rent arrears.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

TERMINATION

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 landlord filed their application on 14 April 2025. Rent arrears were $1,822.00 (65 days) on this date.
The tenant gave evidence that they have been paying their rent and arrears pursuant to an agreed payment plan with the landlord. The tenant claims they have been consistently paying the landlord $194.00 in rent and $40.00 towards the arrears each week. These payments are redirected from the tenant’s benefit.
The tenant gave evidence that on 27 February 2025, only $117.00 was redirected from their benefit and paid to the landlord. The tenant claims this was because Toetu Finau left the country to attend a family funeral overseas and his benefit was momentarily stopped as a result. The tenant gave evidence that weekly payments of $234.00 were immediately reinstated upon his return and the rent summary reflects this.
The tenant claims it is unreasonable that the landlord has filed an application with the Tribunal seeking termination in circumstances where the tenant has been consistently paying their rent and arrears for a long period of time, with the exception of the one missed payment on 27 February 2025.
Whether or not the landlord’s decision to file an application for termination with the Tribunal is reasonable or not, is not something the Tribunal can consider. The landlord’s application was filed on 14 April 2025 and rent was more than 21 days in arrears on this date. In these circumstances, the RTA is clear that the Tribunal must make either a final or conditional order for termination if that is what the landlord seeks.
In the circumstances of this case, I consider it appropriate to make a conditional termination order. The rent summary shows that the tenant has consistently been paying their rent and the arrears for a relatively lengthy period of time. The rent arrears have decreased from $1,822.00 on the date the landlord filed their application to $1,597.43 as at the date of the hearing. The tenant’s payment of rent and arrears is redirected from their benefit, which provides further assurance that payments will continue to be made to the landlord on time. For all of these reasons, 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 tenant requested that the additional payment towards the arrears be reduced from $40.00 per week to $20.00 per week. The landlord opposed this on the basis that the tenant has consistently been making additional payment of $40.00 per week towards the arrears. The landlord expressed concern regarding the length of time it would take to repay the arrears at only $20.00 per week.
The rent summary shows that the tenant has consistently been paying an additional $40.00 towards the arrears. I consider it appropriate to keep repayments at this level.
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.

RENT ARREARS

The landlord has applied for rent arrears and has provided rent records which prove the tenant owes $1,597.43 in rent up to 4 June 2025. The landlord’s claim for rent arrears is granted in full for this amount.

FILING FEE

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5235671 — net $1,624.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 June 2025	$1,597.43	Rent arrears to 4 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,624.43
Total payable by Tenant to Landlord	$1,624.43

Order

Faanuu Fetu and Toetu Finau owes Kāinga Ora–Homes And Communities $1,624.43 (“the debt”), calculated as shown in the table below.
Faanuu Fetu and Toetu Finau must pay rent and the debt as follows: a. By 40 weekly payments of $234.00, being $194.00 for rent and $40.00 for the debt. b. A final payment of $218.43, being $194.00 for rent and $24.43 for the debt. c. Payments will be every Thursday, with the first payment on 05/06/2025 and continuing until 12/03/2026.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat Flat 1, 96 Trevor Hosken Drive, Wiri, Auckland 2104 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing. Faanuu Fetu attended the hearing on behalf of the tenant. Toetu Finau did not attend.
The landlord has applied for termination of the tenancy and rent arrears.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

TERMINATION

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 landlord filed their application on 14 April 2025. Rent arrears were $1,822.00 (65 days) on this date.
The tenant gave evidence that they have been paying their rent and arrears pursuant to an agreed payment plan with the landlord. The tenant claims they have been consistently paying the landlord $194.00 in rent and $40.00 towards the arrears each week. These payments are redirected from the tenant’s benefit.
The tenant gave evidence that on 27 February 2025, only $117.00 was redirected from their benefit and paid to the landlord. The tenant claims this was because Toetu Finau left the country to attend a family funeral overseas and his benefit was momentarily stopped as a result. The tenant gave evidence that weekly payments of $234.00 were immediately reinstated upon his return and the rent summary reflects this.
The tenant claims it is unreasonable that the landlord has filed an application with the Tribunal seeking termination in circumstances where the tenant has been consistently paying their rent and arrears for a long period of time, with the exception of the one missed payment on 27 February 2025.
Whether or not the landlord’s decision to file an application for termination with the Tribunal is reasonable or not, is not something the Tribunal can consider. The landlord’s application was filed on 14 April 2025 and rent was more than 21 days in arrears on this date. In these circumstances, the RTA is clear that the Tribunal must make either a final or conditional order for termination if that is what the landlord seeks.
In the circumstances of this case, I consider it appropriate to make a conditional termination order. The rent summary shows that the tenant has consistently been paying their rent and the arrears for a relatively lengthy period of time. The rent arrears have decreased from $1,822.00 on the date the landlord filed their application to $1,597.43 as at the date of the hearing. The tenant’s payment of rent and arrears is redirected from their benefit, which provides further assurance that payments will continue to be made to the landlord on time. For all of these reasons, 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 tenant requested that the additional payment towards the arrears be reduced from $40.00 per week to $20.00 per week. The landlord opposed this on the basis that the tenant has consistently been making additional payment of $40.00 per week towards the arrears. The landlord expressed concern regarding the length of time it would take to repay the arrears at only $20.00 per week.
The rent summary shows that the tenant has consistently been paying an additional $40.00 towards the arrears. I consider it appropriate to keep repayments at this level.
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.

RENT ARREARS

The landlord has applied for rent arrears and has provided rent records which prove the tenant owes $1,597.43 in rent up to 4 June 2025. The landlord’s claim for rent arrears is granted in full for this amount.

FILING FEE

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5235671 — Rent arrears at Unit/Flat Flat 1, 96 Trevor Hosken Drive, Wiri, Auckland

At a glance

Tenancy Tribunal case 5235671 — Rent arrears at Unit/Flat Flat 1, 96 Trevor Hosken Drive, Wiri, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

TERMINATION

RENT ARREARS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

TERMINATION

RENT ARREARS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions