What was Tenancy Tribunal case 4676652 about?

The tribunal order states: The tenancy of Archie Amo at [Tenancy address suppressed] is terminated, and

How much money was awarded in case 4676652?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $877.00 awarded to landlord

What type of tenancy dispute was case 4676652?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4676652?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9566652-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4676652 about?

The tribunal order states: The tenancy of Archie Amo at [Tenancy address suppressed] is terminated, and

How much money was awarded in case 4676652?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $877.00 awarded to landlord

What type of tenancy dispute was case 4676652?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4676652?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9566652-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4676652 — Rent arrears

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New Zealand Tenancy Tribunal Case 4676652 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4676652 — net $681.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 July 2023	$877.00	Rent arrears to 13 July 2023
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Net award	$681.44
Total payable by Tenant to Landlord	$681.44

Claims and awards for application 4676652 — net $681.44 NZD. Verify on MoJ.

Rent arrears to 13 July 2023

Amount: $877.00
Awarded to: Landlord
Reason: Rent arrears to 13 July 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression

Net award

Landlord $681.44

Total payable by Tenant to Landlord

Landlord $681.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Archie Amo at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $216.00 to [The landlord/s] immediately.
Archie Amo must pay [The landlord/s] $681.44 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 13 July 2023$877.00 Filing fee reimbursement$20.44 Total award$897.44 Less Bond$216.00 Total payable by Tenant to Landlord$681.44

Reasons

The tenant was phoned on the number given in the application, but the call did not connect.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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 as of today. It is $2,035.86. The tenant stopped paying rent on 1 May 2023. An application for termination was lodged on 5 September 2023. I have raised with the landlord that [The landlord/s] does not appear to have mitigated the tenant’s loss. Section 66 Residential Tenancies Act 1986 provides for the following regarding mitigation of damage or loss ‘If a landlord or tenant breaches any provision of the tenancy agreement, the other party must take all reasonable steps to limit the damage or loss arising from the breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract’.
The rent for the property is $78.00 per week. I am satisfied that this tenancy should have been brought to an end earlier so the tenant’s loss did not balloon out to over $2,000.00.
In determining when the rent should cease based on mitigation, I have calculated that after the application was lodged on 5 September 2023, it has taken a day over 7 weeks for the application to be heard. I have added 21 days to the 7 weeks for when the landlord could have made an application under section 55 of the Residential Tenancies Act 1986. That means that the tenancy could more reasonably have come to an end on 13 July when rent was $877.00 in arrears, had the landlord mitigated the tenant’s loss. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Because the landlord has substantially succeeded with the claim, the landlord’s request for name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4676652 — net $681.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 July 2023	$877.00	Rent arrears to 13 July 2023
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Net award	$681.44
Total payable by Tenant to Landlord	$681.44

Claims and awards for application 4676652 — net $681.44 NZD. Verify on MoJ.

Rent arrears to 13 July 2023

Amount: $877.00
Awarded to: Landlord
Reason: Rent arrears to 13 July 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression

Net award

Landlord $681.44

Total payable by Tenant to Landlord

Landlord $681.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Archie Amo at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $216.00 to [The landlord/s] immediately.
Archie Amo must pay [The landlord/s] $681.44 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 13 July 2023$877.00 Filing fee reimbursement$20.44 Total award$897.44 Less Bond$216.00 Total payable by Tenant to Landlord$681.44

Reasons

The tenant was phoned on the number given in the application, but the call did not connect.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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 as of today. It is $2,035.86. The tenant stopped paying rent on 1 May 2023. An application for termination was lodged on 5 September 2023. I have raised with the landlord that [The landlord/s] does not appear to have mitigated the tenant’s loss. Section 66 Residential Tenancies Act 1986 provides for the following regarding mitigation of damage or loss ‘If a landlord or tenant breaches any provision of the tenancy agreement, the other party must take all reasonable steps to limit the damage or loss arising from the breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract’.
The rent for the property is $78.00 per week. I am satisfied that this tenancy should have been brought to an end earlier so the tenant’s loss did not balloon out to over $2,000.00.
In determining when the rent should cease based on mitigation, I have calculated that after the application was lodged on 5 September 2023, it has taken a day over 7 weeks for the application to be heard. I have added 21 days to the 7 weeks for when the landlord could have made an application under section 55 of the Residential Tenancies Act 1986. That means that the tenancy could more reasonably have come to an end on 13 July when rent was $877.00 in arrears, had the landlord mitigated the tenant’s loss. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Because the landlord has substantially succeeded with the claim, the landlord’s request for name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).

Tenancy Tribunal case 4676652 — Rent arrears

At a glance

Tenancy Tribunal case 4676652 — Rent arrears

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