What was Tenancy Tribunal case 4996689 about?

The tribunal order states: Wenchao Diwu must pay [The landlord/s] $8,446.47 immediately, as calculated

How much money was awarded in case 4996689?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,018.57 awarded to landlord; Water Rates: $1,540.90 awarded to landlord

What type of tenancy dispute was case 4996689?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4996689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10878191-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4996689 about?

The tribunal order states: Wenchao Diwu must pay [The landlord/s] $8,446.47 immediately, as calculated

How much money was awarded in case 4996689?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,018.57 awarded to landlord; Water Rates: $1,540.90 awarded to landlord

What type of tenancy dispute was case 4996689?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4996689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10878191-Tribunal_Order_Redacted.pdf.

10 Sari Place, Massey, Auckland 0614 Tenancy Tribunal Case 4996689 — Rent arrears

Claims and awards in Tenancy Tribunal application 4996689 — net $8,446.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13/9/24	$9,018.57	Rent arrears to 13/9/24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates to 8 May 2024	$1,540.90	Water rates to 8 May 2024
Net award	$8,446.47
Total payable by Tenant to Landlord	$8,446.47

Order

Wenchao Diwu must pay [The landlord/s] $8,446.47 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $2,140.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing by email. The hearing proceeded in his absence.
The landlord has applied for termination of the tenancy, rent arrears, water rates, refund of the bond and reimbursement of the filing fee. Termination
The landlord advised at the hearing that the tenancy ended on 13 September 2024. The application for termination is dismissed. Rent arrears
The landlord has applied for rent arrears and has provided rent records which prove the amount owing to 13 September 2024 is $13,527.86.
One issue that arose at the hearing is whether Mr Diwu is liable for rent for the period 28 April 2024 – 13 September 2024.
In support of the application for rent arrears the landlord provided a rent statement naming the tenant as Waipa Homes Limited for that period.
Prior to 28 April 2024 Mr Diwu ceased communication with the landlord and Waipa Homes Limited advised the landlord that they would be managing the sub tenancy of the premises. Waipa Homes Limited requested that the rent statement be amended to refer to them as the tenant, as opposed to Mr Diwu. The landlord agreed and amended the statement however they did not sign a residential tenancy agreement with Waipa Homes Limited.
The landlord now claim that Mr Diwu is personally liable for the full rent arrears to 13 September 2024.
Section 2 of the Residential Tenancies Act 1986 defines an agent, as follows: in relation to any person who is a landlord or a tenant, means an agent of that person in that person’s capacity as landlord or tenant; and includes an employee of that person in that person’s capacity as landlord or tenant.
A company can therefore be the agent of the tenant. I requested any evidence from the landlord as to whether Waipa Homes Limited has held themselves out as an agent for Mr Diwu. No written evidence was provided as to Waipa Homes Limited involvement in the tenancy.
The landlords were under the impression Mr Diwu had some connection to Waipa Homes Limited and Waipa Homes Limited were effectively an intermediary.
There is no evidence to suggest the tenancy was assigned to Waipa Homes Limited or that Mr Diwu terminated the tenancy and ended his responsibilities as a tenant. I allowed the landlord the opportunity to provide a rent statement naming Mr Diwu personally and this was filed accordingly. I consider that on the balance of probabilities Waipa Homes Limited has been an agent of the tenant.
Mr Diwu as the tenant is solely liable for any claims by the landlord to the end of the tenancy. Failure to mitigate loss
In Huang v Ashworth [2024] NZDC 15726 the District Court confirmed there is a duty to mitigate for rent arrears. The Court confirmed the test of what the landlord ought to do to mitigate its loss is a factual one and depends on: a. Whether the landlord took all reasonable steps to mitigate its loss; and b. More particularly, whether it acted reasonably having regard to all the circumstances of the case.
In Huang v Ashworth the Court reduced the rent arrears by a third to take into account a failure to mitigate loss.
In Ho v Tenant [2024] NZTT 4875311, 27 August 2024, a recent decision in the Tribunal, the Adjudicator, in applying Huang v Ashworth capped the rent arrears payable by the tenant to 12 weeks.
At the hearing I raised my concern that the landlord had failed to mitigate their loss in respect of the rent arrears. The landlord indicated there had been communication in respect to rent arrears, but the rent fell into arrears in January 2024 and the landlord has not provided any evidence to show what steps were taken to mitigate its loss and did not promptly apply to terminate the tenancy.
I have reduced the rent arrears by a third to allow for the landlords’ failure to mitigate its loss.
I award $9,018.57 for rent arrears, calculated as follows: Total rent arrears$13,527.86 Less failure to mitigate$4,509.29 Net award$9,018.57 Bond
The bond is to be paid to the landlord immediately to offset the rent arrears. Water rates
The landlord provided a water rates statement and water rates invoices to 8 May 2024.
The claims for December 2022, August 2023 and March 2024 included fixed fee charges totalling $74.54 which I have deducted. The claim was for $1,615.44. I have awarded $1,540.90 for the water rates to 8 May 2024. Filing fee
Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Name Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly.

Claims and awards in Tenancy Tribunal application 4996689 — net $8,446.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13/9/24	$9,018.57	Rent arrears to 13/9/24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates to 8 May 2024	$1,540.90	Water rates to 8 May 2024
Net award	$8,446.47
Total payable by Tenant to Landlord	$8,446.47

Order

Wenchao Diwu must pay [The landlord/s] $8,446.47 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $2,140.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing by email. The hearing proceeded in his absence.
The landlord has applied for termination of the tenancy, rent arrears, water rates, refund of the bond and reimbursement of the filing fee. Termination
The landlord advised at the hearing that the tenancy ended on 13 September 2024. The application for termination is dismissed. Rent arrears
The landlord has applied for rent arrears and has provided rent records which prove the amount owing to 13 September 2024 is $13,527.86.
One issue that arose at the hearing is whether Mr Diwu is liable for rent for the period 28 April 2024 – 13 September 2024.
In support of the application for rent arrears the landlord provided a rent statement naming the tenant as Waipa Homes Limited for that period.
Prior to 28 April 2024 Mr Diwu ceased communication with the landlord and Waipa Homes Limited advised the landlord that they would be managing the sub tenancy of the premises. Waipa Homes Limited requested that the rent statement be amended to refer to them as the tenant, as opposed to Mr Diwu. The landlord agreed and amended the statement however they did not sign a residential tenancy agreement with Waipa Homes Limited.
The landlord now claim that Mr Diwu is personally liable for the full rent arrears to 13 September 2024.
Section 2 of the Residential Tenancies Act 1986 defines an agent, as follows: in relation to any person who is a landlord or a tenant, means an agent of that person in that person’s capacity as landlord or tenant; and includes an employee of that person in that person’s capacity as landlord or tenant.
A company can therefore be the agent of the tenant. I requested any evidence from the landlord as to whether Waipa Homes Limited has held themselves out as an agent for Mr Diwu. No written evidence was provided as to Waipa Homes Limited involvement in the tenancy.
The landlords were under the impression Mr Diwu had some connection to Waipa Homes Limited and Waipa Homes Limited were effectively an intermediary.
There is no evidence to suggest the tenancy was assigned to Waipa Homes Limited or that Mr Diwu terminated the tenancy and ended his responsibilities as a tenant. I allowed the landlord the opportunity to provide a rent statement naming Mr Diwu personally and this was filed accordingly. I consider that on the balance of probabilities Waipa Homes Limited has been an agent of the tenant.
Mr Diwu as the tenant is solely liable for any claims by the landlord to the end of the tenancy. Failure to mitigate loss
In Huang v Ashworth [2024] NZDC 15726 the District Court confirmed there is a duty to mitigate for rent arrears. The Court confirmed the test of what the landlord ought to do to mitigate its loss is a factual one and depends on: a. Whether the landlord took all reasonable steps to mitigate its loss; and b. More particularly, whether it acted reasonably having regard to all the circumstances of the case.
In Huang v Ashworth the Court reduced the rent arrears by a third to take into account a failure to mitigate loss.
In Ho v Tenant [2024] NZTT 4875311, 27 August 2024, a recent decision in the Tribunal, the Adjudicator, in applying Huang v Ashworth capped the rent arrears payable by the tenant to 12 weeks.
At the hearing I raised my concern that the landlord had failed to mitigate their loss in respect of the rent arrears. The landlord indicated there had been communication in respect to rent arrears, but the rent fell into arrears in January 2024 and the landlord has not provided any evidence to show what steps were taken to mitigate its loss and did not promptly apply to terminate the tenancy.
I have reduced the rent arrears by a third to allow for the landlords’ failure to mitigate its loss.
I award $9,018.57 for rent arrears, calculated as follows: Total rent arrears$13,527.86 Less failure to mitigate$4,509.29 Net award$9,018.57 Bond
The bond is to be paid to the landlord immediately to offset the rent arrears. Water rates
The landlord provided a water rates statement and water rates invoices to 8 May 2024.
The claims for December 2022, August 2023 and March 2024 included fixed fee charges totalling $74.54 which I have deducted. The claim was for $1,615.44. I have awarded $1,540.90 for the water rates to 8 May 2024. Filing fee
Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Name Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly.

Tenancy Tribunal case 4996689 — Rent arrears at 10 Sari Place, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 4996689 — Rent arrears at 10 Sari Place, Massey, Auckland 0614

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