What was Tenancy Tribunal case 4734429 about?

The tribunal order states: The tenancy of Teresa Mason Keepa at 23 Hydro Road, Edgecumbe,

How much money was awarded in case 4734429?

Compensation: Reimbursement For Oven: $179.50 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Rent Owed 16 - 18 February 2024: $150.00 awarded to landlord; Rent Owed From 11 August 2023 - 15 F…: $1,750.00 awarded to landlord

What type of tenancy dispute was case 4734429?

The dispute type was not classified.

Where can I read the official tribunal order for case 4734429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9936818-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4734429 about?

The tribunal order states: The tenancy of Teresa Mason Keepa at 23 Hydro Road, Edgecumbe,

How much money was awarded in case 4734429?

Compensation: Reimbursement For Oven: $179.50 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Rent Owed 16 - 18 February 2024: $150.00 awarded to landlord; Rent Owed From 11 August 2023 - 15 F…: $1,750.00 awarded to landlord

What type of tenancy dispute was case 4734429?

The dispute type was not classified.

Where can I read the official tribunal order for case 4734429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9936818-Tenancy_Tribunal_Order.pdf.

23 Hydro Road, Edgecumbe, Edgecumbe 3120 Tenancy Tribunal Case 4734429 — Tenancy dispute

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23 Hydro Road, Edgecumbe, Edgecumbe 3120 Tenancy Tribunal Case 4734429 — Tenancy dispute | 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 4734429 — net $1,040.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent owed from 11 August 2023 - 15 February 2024	$1,750.00		Rent owed from 11 August 2023 - 15 February 2024
Rent owed 16 - 18 February 2024	$150.00		Rent owed 16 - 18 February 2024
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: Reimbursement for oven		$179.50	Reimbursement for oven
Total award	$1,920.44	$179.50
Net award	$1,040.94
Total payable by Tenant to Landlord	$1,040.94

Claims and awards for application 4734429 — net $1,040.94 NZD. Verify on MoJ.

Rent owed from 11 August 2023 - 15 February 2024

Amount: $1,750.00
Awarded to: Landlord
Reason: Rent owed from 11 August 2023 - 15 February 2024

Rent owed 16 - 18 February 2024

Amount: $150.00
Awarded to: Landlord
Reason: Rent owed 16 - 18 February 2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Compensation: Reimbursement for oven

Amount: $179.50
Awarded to: Tenant
Reason: Reimbursement for oven

Total award

Landlord $1,920.44 · Tenant $179.50

Net award

Landlord $1,040.94

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

The tenancy of Teresa Mason Keepa at 23 Hydro Road, Edgecumbe, Edgecumbe 3120 is terminated, and possession is granted to Stanley Ratahi, Enid Ratahi-Pryor, Peter Morrison And Waitangi Black As Trustees For The Ratahi Lands Trust, at 11.59 pm on Sunday 18 February 2024.
The Bond Centre is to pay the bond of $700.00 (5876489-004) to Stanley Ratahi, Enid Ratahi-Pryor, Peter Morrison And Waitangi Black As Trustees For The Ratahi Lands Trust immediately.
Teresa Mason Keepa must pay Stanley Ratahi, Enid Ratahi-Pryor, Peter Morrison And Waitangi Black As Trustees For The Ratahi Lands Trust $1040.94 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing. Mr Goldsmith represented the Trust.
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 (RTA).
The tenant paid for a repair and Mr Goldsmith has asked that I take a reimbursement into account when calculating rent arrears.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord’s original claim was for rent arrears of $14,900. As discussed at the hearing, the RTA requires that a party mitigate their loss, which means in short that that they must take actions to limit any loss from a breach of the other party. When rent arrears occur, a reasonable landlord will mitigate that loss by applying to the Tenancy Tribunal for appropriate orders.
In this case the landlord did apply to the Tribunal, but by that time the tenant was behind in her rent by 42 weeks. As I noted during the hearing, the Tribunal would usually see a landlord having applied for orders within say three months. Mr Goldsmith submitted that the tenant is whanau, and many attempts were made to work with her over the years. However, I find the landlord must mitigate, even when dealing with whanau.
In the circumstances, I consider the landlord has not mitigated its loss, so I will only consider rent arrears for the three months prior to the application being filed. I have calculated the total rent due from 11 August 2023 – 18 February 2024 at $350 a week, less the rent paid by the tenant.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

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 4734429 — net $1,040.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent owed from 11 August 2023 - 15 February 2024	$1,750.00		Rent owed from 11 August 2023 - 15 February 2024
Rent owed 16 - 18 February 2024	$150.00		Rent owed 16 - 18 February 2024
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: Reimbursement for oven		$179.50	Reimbursement for oven
Total award	$1,920.44	$179.50
Net award	$1,040.94
Total payable by Tenant to Landlord	$1,040.94

Claims and awards for application 4734429 — net $1,040.94 NZD. Verify on MoJ.

Rent owed from 11 August 2023 - 15 February 2024

Amount: $1,750.00
Awarded to: Landlord
Reason: Rent owed from 11 August 2023 - 15 February 2024

Rent owed 16 - 18 February 2024

Amount: $150.00
Awarded to: Landlord
Reason: Rent owed 16 - 18 February 2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Compensation: Reimbursement for oven

Amount: $179.50
Awarded to: Tenant
Reason: Reimbursement for oven

Total award

Landlord $1,920.44 · Tenant $179.50

Net award

Landlord $1,040.94

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

The tenancy of Teresa Mason Keepa at 23 Hydro Road, Edgecumbe, Edgecumbe 3120 is terminated, and possession is granted to Stanley Ratahi, Enid Ratahi-Pryor, Peter Morrison And Waitangi Black As Trustees For The Ratahi Lands Trust, at 11.59 pm on Sunday 18 February 2024.
The Bond Centre is to pay the bond of $700.00 (5876489-004) to Stanley Ratahi, Enid Ratahi-Pryor, Peter Morrison And Waitangi Black As Trustees For The Ratahi Lands Trust immediately.
Teresa Mason Keepa must pay Stanley Ratahi, Enid Ratahi-Pryor, Peter Morrison And Waitangi Black As Trustees For The Ratahi Lands Trust $1040.94 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing. Mr Goldsmith represented the Trust.
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 (RTA).
The tenant paid for a repair and Mr Goldsmith has asked that I take a reimbursement into account when calculating rent arrears.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord’s original claim was for rent arrears of $14,900. As discussed at the hearing, the RTA requires that a party mitigate their loss, which means in short that that they must take actions to limit any loss from a breach of the other party. When rent arrears occur, a reasonable landlord will mitigate that loss by applying to the Tenancy Tribunal for appropriate orders.
In this case the landlord did apply to the Tribunal, but by that time the tenant was behind in her rent by 42 weeks. As I noted during the hearing, the Tribunal would usually see a landlord having applied for orders within say three months. Mr Goldsmith submitted that the tenant is whanau, and many attempts were made to work with her over the years. However, I find the landlord must mitigate, even when dealing with whanau.
In the circumstances, I consider the landlord has not mitigated its loss, so I will only consider rent arrears for the three months prior to the application being filed. I have calculated the total rent due from 11 August 2023 – 18 February 2024 at $350 a week, less the rent paid by the tenant.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4734429 — Tenancy dispute at 23 Hydro Road, Edgecumbe, Edgecumbe 3120

At a glance

Tenancy Tribunal case 4734429 — Tenancy dispute at 23 Hydro Road, Edgecumbe, Edgecumbe 3120

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions