What was Tenancy Tribunal case 4875311 about?

The tribunal order states: [The tenant/s] must pay Anthony Vung Ho $4,220.44 immediately, calculated as

How much money was awarded in case 4875311?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,200.00 awarded to landlord

What type of tenancy dispute was case 4875311?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4875311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10758295-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4875311 about?

The tribunal order states: [The tenant/s] must pay Anthony Vung Ho $4,220.44 immediately, calculated as

How much money was awarded in case 4875311?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,200.00 awarded to landlord

What type of tenancy dispute was case 4875311?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4875311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10758295-Tribunal_Order_Redacted.pdf.

Room Room 2, 113 Sunnyside Road, Sunnyvale, Auckland Tenancy Tribunal Case 4875311 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4875311 — net $4,220.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (capped at 12 weeks	$4,200.00	Rent arrears (capped at 12 weeks
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,220.44
Total payable by Tenant to Landlord	$4,220.44

Both parties attended the hearing.

The landlord has applied for rent arrears after the tenancy has ended. A prior order dated 24 June 2024 dealt with the end of the tenancy and released the bond to the landlord. The adjudicator adjourned this matter for a final hearing to consider rent arrears, allowing the tenant time to review the rent summary.

The landlord provided rent records which prove the amount owing at the end of the tenancy was $19,250.00. The rent summary has not been reviewed by the tenant and she appears unable to do that. I consider it moot given the final determination here.

This was a long tenancy that had an extended period during late 2022 and 2023 where rent was more often than not missed and the rent arrears ballooned out to over $18,000.

The landlord was accommodating of the tenant’s challenges during this period and did not seek any order from the Tribunal. An informal arrangement commenced in November 2023 with the tenant making additional payments towards the rent arrears.

The landlord submitted his application on 18 March 2024.

I discussed with the parties the duty to mitigate a loss per s 49 Residential Tenancies Act 1986. I also traversed the recent decision of the District Court (Huang v Ashworth [2024] NZDC 15726) that confirmed there is a duty to mitigate for rent arrears. The District Court confirmed the question is one of fact, what did the landlord do to limit their loss in rent, if not enough, then mitigation is required for rent arrears order.

I acknowledge the generosity of the landlord during a long period of rent not being paid. The tenant was vulnerable and the lack of any formal action during this period is considered as much his compassion than being due to any tardiness.

That extended to the hearing today and he accepted that the final rent arrears order should be reduced to reflect the arrears formation history.

I have adopted a 12-week period, totalling $4,200.00 as a capped rent arrears to be paid by the tenant. The bond has already been awarded to the landlord in full. This was discussed with both parties and accepted by Mr Ho. This is a significant reduction, but it reflects the lack of any formal attempt by the landlord to end the tenancy well beforehand, the gap between rent payments was as great as 22 weeks at one stage.

The tenant had considered a counterclaim. That has not been lodged and based on the significant reduction in rent arrears, she indicated none would follow. I would consider it equitable to revisit the final rent arrears and the significant reduction here if such an application was made. Filing fee

Because Anthony Vung Ho has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord did not request suppression in his application.

I have considered the tenant’s circumstances and current health situation. By a fine margin I have exercised my initiative to suppress her name, considering her current risks outweigh the rightful public interest.

Claims and awards in Tenancy Tribunal application 4875311 — net $4,220.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (capped at 12 weeks	$4,200.00	Rent arrears (capped at 12 weeks
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,220.44
Total payable by Tenant to Landlord	$4,220.44

Order

[The tenant/s] must pay Anthony Vung Ho $4,220.44 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears (capped at 12 weeks)$4,200.00 Filing fee reimbursement$20.44 Total award$4,220.44 Total payable by Tenant to Landlord$4,220.44

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears after the tenancy has ended. A prior order dated 24 June 2024 dealt with the end of the tenancy and released the bond to the landlord. The adjudicator adjourned this matter for a final hearing to consider rent arrears, allowing the tenant time to review the rent summary.
The landlord provided rent records which prove the amount owing at the end of the tenancy was $19,250.00. The rent summary has not been reviewed by the tenant and she appears unable to do that. I consider it moot given the final determination here.
This was a long tenancy that had an extended period during late 2022 and 2023 where rent was more often than not missed and the rent arrears ballooned out to over $18,000.
The landlord was accommodating of the tenant’s challenges during this period and did not seek any order from the Tribunal. An informal arrangement commenced in November 2023 with the tenant making additional payments towards the rent arrears.
The landlord submitted his application on 18 March 2024.
I discussed with the parties the duty to mitigate a loss per s 49 Residential Tenancies Act 1986. I also traversed the recent decision of the District Court (Huang v Ashworth [2024] NZDC 15726) that confirmed there is a duty to mitigate for rent arrears. The District Court confirmed the question is one of fact, what did the landlord do to limit their loss in rent, if not enough, then mitigation is required for rent arrears order.
I acknowledge the generosity of the landlord during a long period of rent not being paid. The tenant was vulnerable and the lack of any formal action during this period is considered as much his compassion than being due to any tardiness.
That extended to the hearing today and he accepted that the final rent arrears order should be reduced to reflect the arrears formation history.
I have adopted a 12-week period, totalling $4,200.00 as a capped rent arrears to be paid by the tenant. The bond has already been awarded to the landlord in full. This was discussed with both parties and accepted by Mr Ho. This is a significant reduction, but it reflects the lack of any formal attempt by the landlord to end the tenancy well beforehand, the gap between rent payments was as great as 22 weeks at one stage.
The tenant had considered a counterclaim. That has not been lodged and based on the significant reduction in rent arrears, she indicated none would follow. I would consider it equitable to revisit the final rent arrears and the significant reduction here if such an application was made. Filing fee
Because Anthony Vung Ho has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord did not request suppression in his application.
I have considered the tenant’s circumstances and current health situation. By a fine margin I have exercised my initiative to suppress her name, considering her current risks outweigh the rightful public interest.

Tenancy Tribunal case 4875311 — Rent arrears at Room Room 2, 113 Sunnyside Road, Sunnyvale, Auckland

At a glance

Tenancy Tribunal case 4875311 — Rent arrears at Room Room 2, 113 Sunnyside Road, Sunnyvale, Auckland

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