How much money was awarded in case 5145188?

Rent Arrears: $5,774.28 awarded to landlord

What type of tenancy dispute was case 5145188?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5145188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11621636-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5145188?

Rent Arrears: $5,774.28 awarded to landlord

What type of tenancy dispute was case 5145188?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5145188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11621636-Tribunal_Order_Redacted.pdf.

55 Bert Wall Drive, Omokoroa 3114 Tenancy Tribunal Case 5145188 — Rent arrears

Q: What was Tenancy Tribunal case 5145188 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5145188 — net $3,989.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/3/25	$5,774.28	Rent arrears to 25/3/25
Net award	$3,989.28
Total payable by Tenant to Landlord	$3,989.28

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.

The tenancy of [The tenant/s] at 55 Bert Wall Drive, Omokoroa 3114 is terminated, and possession is granted to Cookie Clan Limited, at 6pm on Monday 14 April 2025.

The Bond Centre is to pay the bond of $1,785.00 ([Bond number suppressed]) to Cookie Clan Limited immediately.

[The tenant/s] must pay Cookie Clan Limited $3,989.28 immediately, calculated as shown in the table below:

Reasons

Both parties attended the remote hearing

The landlord has applied for termination of the tenancy, rent arrears, outgoings payment of the bond, reimbursement of the filing fee. Termination

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. 1 By consent the possession date is 14 April 2025. Rent arrears

Where a party to a tenancy agreement breaches any provisions of the agreement or the RTA, the other party shall take all reasonable steps to limit damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract. 2 This means that they must take actions to limit any loss from a breach by the other party. When rent arrears occur, a reasonable landlord will mitigate that loss by applying to the Tenancy Tribunal to have the rent arrears paid, or the tenancy terminated.

Where rent arrears are accumulating, ordinarily, the Tribunal would expect to see an application being brought within around 6-8 weeks, 10 at the most. There is then usually a short period before the hearing can take place.

In Huang v Ashworth 3 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 whether the landlord took all reasonable steps to mitigate its loss; and 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 (accumulated over approximately a year) by a third to take into account a failure by the landlord to mitigate loss.

At the hearing I raised my concern that the landlord had failed to mitigate their loss in respect of the rent arrears and outlined the recent case law above.

Rent has been in arrears since January 2024 and the landlord could have applied to terminate the tenancy shortly thereafter. A 14-day notice was served on the tenant on 19/01/2025. I consider the landlord did not take all reasonable steps to mitigate their loss.

I consider a 1/3 deduction, as applied in Huang v Ashworth, is appropriate in the circumstances of this case. Rent arrears when the application was filed was 1 See section 55(1)(a) Residential Tenancies Act 1986. 2 Section 49 RTA. 3 Huang v Ashworth [2024] NZDC 15726 $8,070. A third of this is $2,690. Rent arrears as of 25 March 2025 (the date of this order) is $8,464.28 In deducting from this $2,690 I make an order for rent arrears of $5,774.28. Water rates

The claim for water rates is dismissed as the landlord has not provided evidence of the current arrears by way of water rates invoices and statements. Bond

The bond is to be paid to the landlord immediately to offset the rent arrears. Filing fee

The landlord did not seek the filing fee. Suppression

The landlord did not seek name suppression.

The tenant sought suppression, which was not opposed by the landlord. In having regard to the tenant’s interests, the circumstances of this case and the public interest, I grant the tenant name suppression.

Claims and awards in Tenancy Tribunal application 5145188 — net $3,989.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/3/25	$5,774.28	Rent arrears to 25/3/25
Net award	$3,989.28
Total payable by Tenant to Landlord	$3,989.28

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
The tenancy of [The tenant/s] at 55 Bert Wall Drive, Omokoroa 3114 is terminated, and possession is granted to Cookie Clan Limited, at 6pm on Monday 14 April 2025.
The Bond Centre is to pay the bond of $1,785.00 ([Bond number suppressed]) to Cookie Clan Limited immediately.
[The tenant/s] must pay Cookie Clan Limited $3,989.28 immediately, calculated as shown in the table below:

Reasons

Both parties attended the remote hearing
The landlord has applied for termination of the tenancy, rent arrears, outgoings payment of the bond, reimbursement of the filing fee. Termination
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. 1 By consent the possession date is 14 April 2025. Rent arrears
Where a party to a tenancy agreement breaches any provisions of the agreement or the RTA, the other party shall take all reasonable steps to limit damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract. 2 This means that they must take actions to limit any loss from a breach by the other party. When rent arrears occur, a reasonable landlord will mitigate that loss by applying to the Tenancy Tribunal to have the rent arrears paid, or the tenancy terminated.
Where rent arrears are accumulating, ordinarily, the Tribunal would expect to see an application being brought within around 6-8 weeks, 10 at the most. There is then usually a short period before the hearing can take place.
In Huang v Ashworth 3 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 whether the landlord took all reasonable steps to mitigate its loss; and 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 (accumulated over approximately a year) by a third to take into account a failure by the landlord to mitigate loss.
At the hearing I raised my concern that the landlord had failed to mitigate their loss in respect of the rent arrears and outlined the recent case law above.
Rent has been in arrears since January 2024 and the landlord could have applied to terminate the tenancy shortly thereafter. A 14-day notice was served on the tenant on 19/01/2025. I consider the landlord did not take all reasonable steps to mitigate their loss.
I consider a 1/3 deduction, as applied in Huang v Ashworth, is appropriate in the circumstances of this case. Rent arrears when the application was filed was 1 See section 55(1)(a) Residential Tenancies Act 1986. 2 Section 49 RTA. 3 Huang v Ashworth [2024] NZDC 15726 $8,070. A third of this is $2,690. Rent arrears as of 25 March 2025 (the date of this order) is $8,464.28 In deducting from this $2,690 I make an order for rent arrears of $5,774.28. Water rates
The claim for water rates is dismissed as the landlord has not provided evidence of the current arrears by way of water rates invoices and statements. Bond
The bond is to be paid to the landlord immediately to offset the rent arrears. Filing fee
The landlord did not seek the filing fee. Suppression
The landlord did not seek name suppression.
The tenant sought suppression, which was not opposed by the landlord. In having regard to the tenant’s interests, the circumstances of this case and the public interest, I grant the tenant name suppression.

Tenancy Tribunal case 5145188 — Rent arrears at 55 Bert Wall Drive, Omokoroa 3114

At a glance

Tenancy Tribunal case 5145188 — Rent arrears at 55 Bert Wall Drive, Omokoroa 3114

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions