What was Tenancy Tribunal case 4936615 about?

The tribunal order states: The tenancy of Samuel Wharehinga at [Tenancy address suppressed] is

How much money was awarded in case 4936615?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $29,833.71 awarded to landlord

What type of tenancy dispute was case 4936615?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4936615?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10848366-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4936615 about?

The tribunal order states: The tenancy of Samuel Wharehinga at [Tenancy address suppressed] is

How much money was awarded in case 4936615?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $29,833.71 awarded to landlord

What type of tenancy dispute was case 4936615?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4936615?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10848366-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4936615 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4936615 — net $29,020.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$29,833.71	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$29,020.71
Total payable by Tenant to Landlord	$29,020.71

The tenancy of Samuel Wharehinga at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.

Samuel Wharehinga must pay [The landlord/s] $29,020.71 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $840.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant. I am satisfied that adequate service of the hearing notice has been completed. I therefore considered it reasonable to proceed with the hearing in the tenant’s absence.

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.

The extent of the rent arrears raises a legal issue about whether the landlord has taken reasonable and appropriate steps to mitigate the loss (section 49 RTA). I am satisfied that the landlord has taken reasonable steps to mitigate their loss, despite the significant rent arrears, for the following reasons: • The landlord made reasonable and repeated efforts to contact the tenant to address the arrears, showing a proactive approach to resolving the issue. Despite the tenant being difficult to reach, the landlord demonstrated persistence in their communication efforts. • The landlord followed the proper legal procedures by sending breach letters to formally notify the tenant of the rent arrears. This not only provided the tenant with the opportunity to rectify the situation but also complied with the landlord’s obligations. • Recognising the tenant’s potential need for assistance, the landlord took an additional step by involving support workers to help the tenant navigate the income-related rent process. This demonstrates a willingness to support the tenant’s ability to resolve the arrears, rather than pursuing immediate termination of the tenancy. • The landlord faced difficulties due to the tenant’s lack of responsiveness and failure to engage in meaningful communication. Despite these challenges, the landlord continued to seek ways to resolve the issue without immediate recourse to termination, showing a reasonable commitment to minimising their losses.

As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Order

Claims and awards in Tenancy Tribunal application 4936615 — net $29,020.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$29,833.71	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$29,020.71
Total payable by Tenant to Landlord	$29,020.71

The tenancy of Samuel Wharehinga at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.

Samuel Wharehinga must pay [The landlord/s] $29,020.71 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $840.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

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 the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 4936615 — Rent arrears

At a glance

Tenancy Tribunal case 4936615 — 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