What was Tenancy Tribunal case 4915073 about?

The tribunal order states: The tenancy of Amy Nichol at 18A Moata Road, One Tree Hill, Auckland 1061

How much money was awarded in case 4915073?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $11,457.00 awarded to landlord

What type of tenancy dispute was case 4915073?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4915073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10933922-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4915073 about?

The tribunal order states: The tenancy of Amy Nichol at 18A Moata Road, One Tree Hill, Auckland 1061

How much money was awarded in case 4915073?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $11,457.00 awarded to landlord

What type of tenancy dispute was case 4915073?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4915073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10933922-Tribunal_Order_Redacted.pdf.

18A Moata Road, One Tree Hill, Auckland 1061 Tenancy Tribunal Case 4915073 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4915073 — net $11,477.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (reduced for failing to mitigate loss	$11,457.00	Rent arrears (reduced for failing to mitigate loss
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,477.44
Total payable by Tenant to Landlord	$11,477.44

The landlord attended the hearing by remote teleconference. The was no attendance by the tenant. Two attempts to contact her on the telephone number provided were unsuccessful.

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 latest rent ledger provided by the landlord was dated 28 August 2024 confirming outstanding rent of $17,100.00.

When questioned why the rent arrears had been allowed to climb to such extent the landlord advised that the tenant had stated on numerous occasions that the rent would be paid. Notwithstanding the two 14 day rent breach notices filed on the tenant it is my view that the landlord had an obligation to act far soon than she did. Ideally, the landlord should have lodged an application with the Tribunal in early April this year when the arrears were much lower.

The tenant has not paid rent since 2 April 2024. In all reality the rent arrears as at today’s date will be well over $20,000.00. The landlord confirmed during the hearing that she is only claiming rent arrears up to 19 August 2024.

I have considered whether the tenant should pay the full amount of arrears. I have decided that she be liable for rent arrears however I discount the amount claimed by one third ($5643.00) to reflect her failure to mitigate her loss.

The tenant should not be liable for the full amount of arrears because this matter should have come to the Tribunal much sooner than June 2024 with no rent being paid since April 2024.

It was incumbent on the landlord to assess the situation she was in and not delay an application to terminate much earlier than she did, notwithstanding the empty promises by the tenant. A landlord must take all reasonable steps to limit the damage or loss arising from that breach 1

Section 85 of the Residential Tenancies Act 1986 states that the Tribunal shall determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case. The order made is my determination of the merits and justice of the case.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

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 – section 95A Residential Tenancies Act. 1 See section 49 Residential Tenancies Act 1986

The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Claims and awards in Tenancy Tribunal application 4915073 — net $11,477.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (reduced for failing to mitigate loss	$11,457.00	Rent arrears (reduced for failing to mitigate loss
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,477.44
Total payable by Tenant to Landlord	$11,477.44

Order

The tenancy of Amy Nichol at 18A Moata Road, One Tree Hill, Auckland 1061 is terminated, and possession is granted to [The landlord/s], at 5pm Wednesday 9 October 2024.
Amy Nichol must pay [The landlord/s] $11,477.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by remote teleconference. The was no attendance by the tenant. Two attempts to contact her on the telephone number provided were unsuccessful.
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 latest rent ledger provided by the landlord was dated 28 August 2024 confirming outstanding rent of $17,100.00.
When questioned why the rent arrears had been allowed to climb to such extent the landlord advised that the tenant had stated on numerous occasions that the rent would be paid. Notwithstanding the two 14 day rent breach notices filed on the tenant it is my view that the landlord had an obligation to act far soon than she did. Ideally, the landlord should have lodged an application with the Tribunal in early April this year when the arrears were much lower.
The tenant has not paid rent since 2 April 2024. In all reality the rent arrears as at today’s date will be well over $20,000.00. The landlord confirmed during the hearing that she is only claiming rent arrears up to 19 August 2024.
I have considered whether the tenant should pay the full amount of arrears. I have decided that she be liable for rent arrears however I discount the amount claimed by one third ($5643.00) to reflect her failure to mitigate her loss.
The tenant should not be liable for the full amount of arrears because this matter should have come to the Tribunal much sooner than June 2024 with no rent being paid since April 2024.
It was incumbent on the landlord to assess the situation she was in and not delay an application to terminate much earlier than she did, notwithstanding the empty promises by the tenant. A landlord must take all reasonable steps to limit the damage or loss arising from that breach 1
Section 85 of the Residential Tenancies Act 1986 states that the Tribunal shall determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case. The order made is my determination of the merits and justice of the case.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
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 – section 95A Residential Tenancies Act. 1 See section 49 Residential Tenancies Act 1986
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Tenancy Tribunal case 4915073 — Rent arrears at 18A Moata Road, One Tree Hill, Auckland 1061

At a glance

Tenancy Tribunal case 4915073 — Rent arrears at 18A Moata Road, One Tree Hill, Auckland 1061

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