What was the outcome of Tenancy Tribunal case 5043409?

The tribunal order states: Wildrich Rontgen and Brigette Rontgen must pay Elaine McGough and Grant

How much money was awarded in case 5043409?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,480.00 awarded to landlord; Water Rates: $47.30 awarded to landlord

What type of tenancy dispute was case 5043409?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5043409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11882711-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5043409?

The tribunal order states: Wildrich Rontgen and Brigette Rontgen must pay Elaine McGough and Grant

How much money was awarded in case 5043409?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,480.00 awarded to landlord; Water Rates: $47.30 awarded to landlord

What type of tenancy dispute was case 5043409?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5043409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11882711-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 1, 2 Rimu Road, Mangere Bridge, Auckland Tenancy Tribunal Case 5043409 — Rent arrears

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Unit/Flat Unit 1, 2 Rimu Road, Mangere Bridge, Auckland Tenancy Tribunal Case 5043409 — 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 5043409 — net $6,554.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31.1.2024	$6,480.00	Rent arrears to 31.1.2024
Water rates	$47.30	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,554.30
Total payable by Tenant to Landlord	$6,554.30

Claims and awards for application 5043409 — net $6,554.30 NZD. Verify on MoJ.

Rent arrears to 31.1.2024

Amount: $6,480.00
Awarded to: Landlord
Reason: Rent arrears to 31.1.2024

Water rates

Amount: $47.30
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $6,554.30

Total payable by Tenant to Landlord

Landlord $6,554.30

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Wildrich Rontgen and Brigette Rontgen must pay Elaine McGough and Grant McGough $6,554.30 immediately, calculated as shown in the table below:

Reasons

Only the landlord attended the hearing. Multiple attempts were made to call the tenants, and on each occasion, the call either went to voicemail or did not connect. The hearing proceeded in the absence of the tenants.
This is a fixed term tenancy which commenced on 24 November 2023 and was due to end on 24 May 2024. The tenants left the premises before the end of the fixed term, having advised the landlord that they did not wish to continue with the tenancy. They paid rent up to 15 December 2023. The landlord advertised for new tenants, with the new tenancy commencing on 1 February 2024.
The landlord has applied for rent arrears to the day before the new tenant moved in, water charges and compensation for the loss of rent, being the reduced rent paid by the new tenant, which the landlord accepted, to mitigate loss. There is no bond, the landlord advising that no bond payment was received from the tenants.
At the hearing, the landlord provided oral evidence. The landlord also completed a detailed written statement, setting out the background facts.

How much is owed for rent and water rates?

In their written statement, the landlord has referred to the tenancy being abandoned. However, from the evidence provided, it seems more likely that the tenants have repudiated the contract. Where a tenant makes it clear to the landlord that they want to end the fixed term early, and they stop paying rent, this is a repudiation of the contract, but not necessarily abandonment. 1 In this case, the tenants clearly signalled to the landlord their intention to leave, and there has been no order of the Tribunal terminating the tenancy for abandonment.
Where the tenancy has come to an end, but the tenancy has not been terminated on the basis of abandonment, the landlord will have a duty to mitigate loss. I am satisfied that the landlord has taken sufficient steps to mitigate loss, by advertising and seeking new tenants. In these circumstances, it is reasonable for the tenants to pay rent up to the day before the new tenant moved in.
Therefore, the tenants will be liable for rent up to 31 January 2024. The landlord provided rent records which show the amount due up to the end of the tenancy.
The landlord has also provided water rates invoices which prove the amount owing at the end of the tenancy. Loss of rent
The landlord claims the difference in rent between what the tenants would have paid under the fixed term, to 24 May 2024, and the rent paid by the new tenant. The landlord states they had to reduce the rent to mitigate loss.
Acknowledging that the rent for the new tenant has been reduced, the landlord cannot expect to be compensated for the difference in rent until the date the fixed term ought to have ended. The loss of rent in these circumstances can be considered part and parcel of the business of being a landlord.
Accordingly, this claim is dismissed. 1 Oxygen.co.nz v Mundy [2020] NZTT 4225871 Filing fee
As the landlord has been substantially successful, the tenants are to pay the landlord’s 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 5043409 — net $6,554.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31.1.2024	$6,480.00	Rent arrears to 31.1.2024
Water rates	$47.30	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,554.30
Total payable by Tenant to Landlord	$6,554.30

Claims and awards for application 5043409 — net $6,554.30 NZD. Verify on MoJ.

Rent arrears to 31.1.2024

Amount: $6,480.00
Awarded to: Landlord
Reason: Rent arrears to 31.1.2024

Water rates

Amount: $47.30
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $6,554.30

Total payable by Tenant to Landlord

Landlord $6,554.30

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

Wildrich Rontgen and Brigette Rontgen must pay Elaine McGough and Grant McGough $6,554.30 immediately, calculated as shown in the table below:

Reasons

Only the landlord attended the hearing. Multiple attempts were made to call the tenants, and on each occasion, the call either went to voicemail or did not connect. The hearing proceeded in the absence of the tenants.
This is a fixed term tenancy which commenced on 24 November 2023 and was due to end on 24 May 2024. The tenants left the premises before the end of the fixed term, having advised the landlord that they did not wish to continue with the tenancy. They paid rent up to 15 December 2023. The landlord advertised for new tenants, with the new tenancy commencing on 1 February 2024.
The landlord has applied for rent arrears to the day before the new tenant moved in, water charges and compensation for the loss of rent, being the reduced rent paid by the new tenant, which the landlord accepted, to mitigate loss. There is no bond, the landlord advising that no bond payment was received from the tenants.
At the hearing, the landlord provided oral evidence. The landlord also completed a detailed written statement, setting out the background facts.

How much is owed for rent and water rates?

In their written statement, the landlord has referred to the tenancy being abandoned. However, from the evidence provided, it seems more likely that the tenants have repudiated the contract. Where a tenant makes it clear to the landlord that they want to end the fixed term early, and they stop paying rent, this is a repudiation of the contract, but not necessarily abandonment. 1 In this case, the tenants clearly signalled to the landlord their intention to leave, and there has been no order of the Tribunal terminating the tenancy for abandonment.
Where the tenancy has come to an end, but the tenancy has not been terminated on the basis of abandonment, the landlord will have a duty to mitigate loss. I am satisfied that the landlord has taken sufficient steps to mitigate loss, by advertising and seeking new tenants. In these circumstances, it is reasonable for the tenants to pay rent up to the day before the new tenant moved in.
Therefore, the tenants will be liable for rent up to 31 January 2024. The landlord provided rent records which show the amount due up to the end of the tenancy.
The landlord has also provided water rates invoices which prove the amount owing at the end of the tenancy. Loss of rent
The landlord claims the difference in rent between what the tenants would have paid under the fixed term, to 24 May 2024, and the rent paid by the new tenant. The landlord states they had to reduce the rent to mitigate loss.
Acknowledging that the rent for the new tenant has been reduced, the landlord cannot expect to be compensated for the difference in rent until the date the fixed term ought to have ended. The loss of rent in these circumstances can be considered part and parcel of the business of being a landlord.
Accordingly, this claim is dismissed. 1 Oxygen.co.nz v Mundy [2020] NZTT 4225871 Filing fee
As the landlord has been substantially successful, the tenants are to pay the landlord’s filing fee.

Tenancy Tribunal case 5043409 — Rent arrears at Unit/Flat Unit 1, 2 Rimu Road, Mangere Bridge, Auckland

At a glance

Tenancy Tribunal case 5043409 — Rent arrears at Unit/Flat Unit 1, 2 Rimu Road, Mangere Bridge, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Key findings

Frequently asked questions