What was Tenancy Tribunal case 4900953 about?

The tribunal order states: The tenancy of Sandra Bell at Room Flat 2, Unit/Flat Flat 2, 116 Seddon Street,

How much money was awarded in case 4900953?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,710.00 awarded to landlord

What type of tenancy dispute was case 4900953?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4900953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10909314-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4900953 about?

The tribunal order states: The tenancy of Sandra Bell at Room Flat 2, Unit/Flat Flat 2, 116 Seddon Street,

How much money was awarded in case 4900953?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,710.00 awarded to landlord

What type of tenancy dispute was case 4900953?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4900953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10909314-Tribunal_Order_Redacted.pdf.

Room Flat 2, Unit/Flat Flat 2, 116 Seddon Street, Raetihi, Tenancy Tribunal Case 4900953 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4900953 — net $4,544.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 October 2024	$4,710.00	Rent arrears to 13 October 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,544.44
Total payable by Tenant to Landlord	$4,544.44

The tenancy of Sandra Bell at Room Flat 2, Unit/Flat Flat 2, 116 Seddon Street, Raetihi, Raetihi 4632, Waimarino Rest Home is terminated, and possession is granted to [The landlord/s], at 11.59pm, Sunday 13 October 2024.

The Bond Centre is to pay the bond of $186.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Sandra Bell must pay [The landlord/s] $4,544.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. Two attempts were made to join the tenant to the hearing by telephone but calls to her number went to voicemail.

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 at the end of the tenancy. The landlord took over the tenancy on 1 July 2023. Since that date the tenant has not paid any rent to the landlord.

The landlord said that the tenant claimed to be paying the previous landlord, but no funds were received from the previous landlord. The landlord said that there had been a few discussions with the tenant in relation to rent arrears.

At the date of hearing the tenant owed rent for 65 weeks and 6 days amounting to $7,065.00. The landlord could have applied to terminate the tenancy when the tenant was 21 days in arrears 1 but did not apply for termination until 29 May 2024 when the tenant was already over 47 weeks in arrears. Due to an adjournment the hearing was not held until 3 October 2024 by which time there was significant arrears.

Section 49 Residential Tenancies Act 1986 provides: Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.

The question is whether the landlord took all reasonable steps to limit the loss arising from the breach relating to the tenant not paying rent. The landlord is a social housing provider. Often tenants of social housing are given chances when it comes to paying rent.

I have reached the view that the landlord did not take all reasonable steps to mitigate the loss but the approach of the District Court 2 has taken account of social housing providers in these situations. In that case the court deducted one third of the total rent arrears owed because the landlord did not take all reasonable steps in the circumstances.

I award rent arrears of $4,710.00 which is one third less than the total amount sought by the landlord at the date of termination.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. N Walker 1 Section 55(1)(a) Residential Tenancies Act 1986 2 Huang v Ashworth [2024] NZDC 15726 03 October 2024

Order

Claims and awards in Tenancy Tribunal application 4900953 — net $4,544.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 October 2024	$4,710.00	Rent arrears to 13 October 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,544.44
Total payable by Tenant to Landlord	$4,544.44

The Bond Centre is to pay the bond of $186.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Sandra Bell must pay [The landlord/s] $4,544.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. Two attempts were made to join the tenant to the hearing by telephone but calls to her number went to voicemail.

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.

I award rent arrears of $4,710.00 which is one third less than the total amount sought by the landlord at the date of termination.

Tenancy Tribunal case 4900953 — Rent arrears at Room Flat 2, Unit/Flat Flat 2, 116 Seddon Street, Raetihi,

At a glance

Tenancy Tribunal case 4900953 — Rent arrears at Room Flat 2, Unit/Flat Flat 2, 116 Seddon Street, Raetihi,

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