What was Tenancy Tribunal case 4976653 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 17, 116 Valley Road, Whakatane,

How much money was awarded in case 4976653?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $12,187.14 awarded to landlord

What type of tenancy dispute was case 4976653?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4976653?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11013626-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4976653 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 17, 116 Valley Road, Whakatane,

How much money was awarded in case 4976653?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $12,187.14 awarded to landlord

What type of tenancy dispute was case 4976653?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4976653?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11013626-Tenancy_Tribunal_Order.pdf.

Unit/Flat 17, 116 Valley Road, Whakatane, Whakatane Tenancy Tribunal Case 4976653 — Rent arrears

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Unit/Flat 17, 116 Valley Road, Whakatane, Whakatane Tenancy Tribunal Case 4976653 — Rent arrears | 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 4976653 — net $11,334.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$12,187.14	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,334.14
Total payable by Tenant to Landlord	$11,334.14

Claims and awards for application 4976653 — net $11,334.14 NZD. Verify on MoJ.

Rent arrears

Amount: $12,187.14
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $11,334.14

Total payable by Tenant to Landlord

Landlord $11,334.14

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of [The tenant/s] at Unit/Flat 17, 116 Valley Road, Whakatane, Whakatane 3120 is terminated, and possession is granted to Cusack Partners New Zealand Limited As Agent For D Guscott, at 11.59 am on Monday 4 November 2024.
The Bond Centre is to pay the bond of $880.00 (6202543-010) to Cusack Partners New Zealand Limited As Agent For D Guscott immediately.
[The tenant/s] must pay Cusack Partners New Zealand Limited As Agent For D Guscott $11,334.14 immediately, calculated as shown in the table below:

Reasons

Both parties attended this video hearing.
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 is $14,747.14.
Section 49 of the Residential Tenancies Act 1986 requires landlords to take all reasonable steps to mitigate their losses.
The tenant has been in arrears since 22 September 2023.
A 14 day rent breach notice was served on the tenant on 22 March 2024. The application to terminate the tenancy was only filed with Tenancy Services on 19 August 2024.
The landlord explained that there had been a change in property manager during the relevant period. The landlord had tried to work with the tenant to try to avoid terminating the tenancy.
There does come a point where the landlord has to become realistic and accept that ongoing, but unmet promises, to pay rent have to have an end point, where action must be taken to mitigate the ongoing losses. I have assessed the delays. I have taken into consideration the landlord’s efforts to work with the tenant and the delay between filing this application and today’s hearing. Taking all of those factors into account, I consider it appropriate to deduct the equivalent of 8 weeks rent from the amount claimed. The rent arrears to be paid by the tenant to the date of termination are $12,187.14.
As Cusack Partners New Zealand Limited As Agent For D Guscott has substantially succeeded with the claim I have ordered the tenant to reimburse 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 4976653 — net $11,334.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$12,187.14	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,334.14
Total payable by Tenant to Landlord	$11,334.14

Claims and awards for application 4976653 — net $11,334.14 NZD. Verify on MoJ.

Rent arrears

Amount: $12,187.14
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $11,334.14

Total payable by Tenant to Landlord

Landlord $11,334.14

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of [The tenant/s] at Unit/Flat 17, 116 Valley Road, Whakatane, Whakatane 3120 is terminated, and possession is granted to Cusack Partners New Zealand Limited As Agent For D Guscott, at 11.59 am on Monday 4 November 2024.
The Bond Centre is to pay the bond of $880.00 (6202543-010) to Cusack Partners New Zealand Limited As Agent For D Guscott immediately.
[The tenant/s] must pay Cusack Partners New Zealand Limited As Agent For D Guscott $11,334.14 immediately, calculated as shown in the table below:

Reasons

Both parties attended this video hearing.
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 is $14,747.14.
Section 49 of the Residential Tenancies Act 1986 requires landlords to take all reasonable steps to mitigate their losses.
The tenant has been in arrears since 22 September 2023.
A 14 day rent breach notice was served on the tenant on 22 March 2024. The application to terminate the tenancy was only filed with Tenancy Services on 19 August 2024.
The landlord explained that there had been a change in property manager during the relevant period. The landlord had tried to work with the tenant to try to avoid terminating the tenancy.
There does come a point where the landlord has to become realistic and accept that ongoing, but unmet promises, to pay rent have to have an end point, where action must be taken to mitigate the ongoing losses. I have assessed the delays. I have taken into consideration the landlord’s efforts to work with the tenant and the delay between filing this application and today’s hearing. Taking all of those factors into account, I consider it appropriate to deduct the equivalent of 8 weeks rent from the amount claimed. The rent arrears to be paid by the tenant to the date of termination are $12,187.14.
As Cusack Partners New Zealand Limited As Agent For D Guscott has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 4976653 — Rent arrears at Unit/Flat 17, 116 Valley Road, Whakatane, Whakatane

At a glance

Tenancy Tribunal case 4976653 — Rent arrears at Unit/Flat 17, 116 Valley Road, Whakatane, Whakatane

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