How much money was awarded in case 5148593?

Rent Arrears: $12,025.71 awarded to landlord; Water Rates: $557.25 awarded to landlord

What type of tenancy dispute was case 5148593?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5148593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11556920-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5148593?

Rent Arrears: $12,025.71 awarded to landlord; Water Rates: $557.25 awarded to landlord

What type of tenancy dispute was case 5148593?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5148593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11556920-Tribunal_Order_Redacted.pdf.

10 Morpeth Place, Blockhouse Bay, Auckland 0600 Tenancy Tribunal Case 5148593 — Rent arrears

Q: What was Tenancy Tribunal case 5148593 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 5148593 — net $10,002.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$12,025.71	Rent arrears
Water rates	$557.25	Water rates
Net award	$10,002.96
Total payable by Tenant to Landlord	$10,002.96

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

Adam Hickson must pay [The landlord/s] $10,002.96 immediately, calculated as shown in table below.

The Bond Centre is to release the Bond to the Landlord.

Reasons

The Landlord attended the hearing. The Tenant did not.

The Tenant had failed to comply with a mediated order of the Tribunal dated 24 September 2024 (the mediated order), under which the Tenant was required to pay $780 per week ($680 for rent and $100 towards rent arrears). The Landlord then issued an eviction notice and the tenancy ended on 27 February 2025.

Following the end of the tenancy, the Landlord has applied to recover rent arrears, water rates, a refund of the bond, and reimbursement of the filing fee. Rent

The landlord provided rent records which prove the amount of rent owing at the end of the tenancy was $12,025.71. I accept that evidence.

The Landlord has an obligation to mitigate their loss under the section 49 of the Residential Tenancies Act 1986 (the RTA), which holds:

Mitigation of damage or loss Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the 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.

I am satisfied that the Landlord has taken reasonable steps to mitigate its loss. First, it brought proceedings before the Tribunal in September 2024 to recover rent arrears. The Tenant then made some payments in accordance with the mediated order. When the Tenant fell behind in rent payments, the Landlord’s evidence was that it discussed those arrears with the Tenant and the Tenant advised that he was owed more than $10,000, which he was recovering through separate court proceedings. The Landlord says that the Tenant agreed to pay the rent arrears by one lump sum payment on 23 February 2025, once he received the amount he was owed. When the Tenant failed to make that payment, the Landlord terminated the tenancy, and the Tenant left the premises.

In those circumstances, I find that the Landlord took reasonable steps to mitigate its losses. It is therefore entitled to recover the entire rent arrears. Water Rates

Under section 38(3) and (4) of the RTA, a Tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities, including for the supply of water if the water supplier charges for water provided to the premises on the basis of consumption.

Water is supplied to the premises by Watercare and is charged on the basis of consumption. The evidence supplied by the Landlord – invoices from Watercare and its own internal records – shows that there are unpaid water charges of $557.25 directly attributable to the Tenant’s premises. The Tenant is liable for that amount. Filing Fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Release of bond

The Landlord is entitled to receive the bond in part payment of the debt owed. I order accordingly.

Claims and awards in Tenancy Tribunal application 5148593 — net $10,002.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$12,025.71	Rent arrears
Water rates	$557.25	Water rates
Net award	$10,002.96
Total payable by Tenant to Landlord	$10,002.96

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Adam Hickson must pay [The landlord/s] $10,002.96 immediately, calculated as shown in table below.
The Bond Centre is to release the Bond to the Landlord.

Reasons

The Landlord attended the hearing. The Tenant did not.
The Tenant had failed to comply with a mediated order of the Tribunal dated 24 September 2024 (the mediated order), under which the Tenant was required to pay $780 per week ($680 for rent and $100 towards rent arrears). The Landlord then issued an eviction notice and the tenancy ended on 27 February 2025.
Following the end of the tenancy, the Landlord has applied to recover rent arrears, water rates, a refund of the bond, and reimbursement of the filing fee. Rent
The landlord provided rent records which prove the amount of rent owing at the end of the tenancy was $12,025.71. I accept that evidence.
The Landlord has an obligation to mitigate their loss under the section 49 of the Residential Tenancies Act 1986 (the RTA), which holds:
Mitigation of damage or loss Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the 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.
I am satisfied that the Landlord has taken reasonable steps to mitigate its loss. First, it brought proceedings before the Tribunal in September 2024 to recover rent arrears. The Tenant then made some payments in accordance with the mediated order. When the Tenant fell behind in rent payments, the Landlord’s evidence was that it discussed those arrears with the Tenant and the Tenant advised that he was owed more than $10,000, which he was recovering through separate court proceedings. The Landlord says that the Tenant agreed to pay the rent arrears by one lump sum payment on 23 February 2025, once he received the amount he was owed. When the Tenant failed to make that payment, the Landlord terminated the tenancy, and the Tenant left the premises.
In those circumstances, I find that the Landlord took reasonable steps to mitigate its losses. It is therefore entitled to recover the entire rent arrears. Water Rates
Under section 38(3) and (4) of the RTA, a Tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities, including for the supply of water if the water supplier charges for water provided to the premises on the basis of consumption.
Water is supplied to the premises by Watercare and is charged on the basis of consumption. The evidence supplied by the Landlord – invoices from Watercare and its own internal records – shows that there are unpaid water charges of $557.25 directly attributable to the Tenant’s premises. The Tenant is liable for that amount. Filing Fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Release of bond
The Landlord is entitled to receive the bond in part payment of the debt owed. I order accordingly.

Tenancy Tribunal case 5148593 — Rent arrears at 10 Morpeth Place, Blockhouse Bay, Auckland 0600

At a glance

Tenancy Tribunal case 5148593 — Rent arrears at 10 Morpeth Place, Blockhouse Bay, Auckland 0600

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