What was Tenancy Tribunal case 5195276 about?

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

How much money was awarded in case 5195276?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,635.71 awarded to landlord

What type of tenancy dispute was case 5195276?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5195276?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11697582-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5195276 about?

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

How much money was awarded in case 5195276?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,635.71 awarded to landlord

What type of tenancy dispute was case 5195276?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5195276?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11697582-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 198 New Windsor Road, New Windsor, Tenancy Tribunal Case 5195276 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5195276 — net $1,662.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 10 December 2024 - 29 March 2025	$1,635.71	Rent arrears from 10 December 2024 - 29 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,662.71
Total payable by Tenant to Landlord	$1,662.71

The landlord attended the hearing. The tenant did not answer the calls to her phone.

There was no written tenancy agreement. I have been provided with messages and bank statements as proof of the tenancy. I find there is sufficient evidence that Grace Puckey has lived at the house as a tenant since 2023 and paid $500 a week in rent.

The application was for termination of the tenancy but the tenancy ended before the date of the hearing. I am persuaded the tenant gave verbal notice with 29 March 2025 as the last day. The property manager sent an email that day referring to the notice and the end of the tenancy. The landlord has taken possession.

How much does the tenant owe?

There was no proper written notice of a rent increase. I find the tenant was required to pay $500 a week until the end of the tenancy.

The landlord has claimed over $13,000 in rent arrears. There are two problems with this claim. The first is the lack of proper business records, and the second is the duty to mitigate loss.

The original landlord died in August 2024. I have been provided with many messages showing there was a closer than usual landlord/tenant relationship. While there are several messages where the landlord states the rent is late, there are no contemporaneous rent records and no 14 day notices for arrears. This means we have no idea if the landlord at the time intended to pursue rent arrears, and what was said to the tenant. The extent of the arrears was not realised until the court appointed administrator for the estate gained access to bank statements.

As discussed at the hearing, the Residential Tenancies Act 1986 (RTA) also requires that a party mitigate their loss, which means in short that 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 writing 14 day notices and applying to the Tenancy Tribunal for appropriate orders.

In this case the landlord did not serve a 14 day notice until March 2025, stating that more than $13,000 was owed. In the circumstances, I consider the original landlord did not mitigate her loss. This is because she allowed the arrears to continue to accrue instead of ending the tenancy and reletting the premises, thereby preventing further loss.

Mitigation by a landlord was considered recently in the District Court case of Huang v Ashworth [2024] NZDC 15726. The Court found that the test of what is required for mitigation was whether the landlord took all reasonable steps to mitigate loss, and whether the landlord acted reasonably having regard to all the circumstances of the case. There is simply no evidence here that the original landlord took all reasonable steps to mitigate loss.

I am prepared to accept the rent records provided by the administrator after he was appointed by the High Court on 10 December 2024. It seems most likely to me the administrator has kept proper business records which prove the amount owing to 29 March 2025. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord’s application for suppression is allowed because the landlord is the most successful party.

Claims and awards in Tenancy Tribunal application 5195276 — net $1,662.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 10 December 2024 - 29 March 2025	$1,635.71	Rent arrears from 10 December 2024 - 29 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,662.71
Total payable by Tenant to Landlord	$1,662.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Grace Puckey must pay [The landlord/s] $1,662.71 immediately, calculated as shown in table below:
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not answer the calls to her phone.
There was no written tenancy agreement. I have been provided with messages and bank statements as proof of the tenancy. I find there is sufficient evidence that Grace Puckey has lived at the house as a tenant since 2023 and paid $500 a week in rent.
The application was for termination of the tenancy but the tenancy ended before the date of the hearing. I am persuaded the tenant gave verbal notice with 29 March 2025 as the last day. The property manager sent an email that day referring to the notice and the end of the tenancy. The landlord has taken possession.

How much does the tenant owe?

There was no proper written notice of a rent increase. I find the tenant was required to pay $500 a week until the end of the tenancy.
The landlord has claimed over $13,000 in rent arrears. There are two problems with this claim. The first is the lack of proper business records, and the second is the duty to mitigate loss.
The original landlord died in August 2024. I have been provided with many messages showing there was a closer than usual landlord/tenant relationship. While there are several messages where the landlord states the rent is late, there are no contemporaneous rent records and no 14 day notices for arrears. This means we have no idea if the landlord at the time intended to pursue rent arrears, and what was said to the tenant. The extent of the arrears was not realised until the court appointed administrator for the estate gained access to bank statements.
As discussed at the hearing, the Residential Tenancies Act 1986 (RTA) also requires that a party mitigate their loss, which means in short that 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 writing 14 day notices and applying to the Tenancy Tribunal for appropriate orders.
In this case the landlord did not serve a 14 day notice until March 2025, stating that more than $13,000 was owed. In the circumstances, I consider the original landlord did not mitigate her loss. This is because she allowed the arrears to continue to accrue instead of ending the tenancy and reletting the premises, thereby preventing further loss.
Mitigation by a landlord was considered recently in the District Court case of Huang v Ashworth [2024] NZDC 15726. The Court found that the test of what is required for mitigation was whether the landlord took all reasonable steps to mitigate loss, and whether the landlord acted reasonably having regard to all the circumstances of the case. There is simply no evidence here that the original landlord took all reasonable steps to mitigate loss.
I am prepared to accept the rent records provided by the administrator after he was appointed by the High Court on 10 December 2024. It seems most likely to me the administrator has kept proper business records which prove the amount owing to 29 March 2025. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party.

Tenancy Tribunal case 5195276 — Rent arrears at Unit/Flat 2, 198 New Windsor Road, New Windsor,

At a glance

Tenancy Tribunal case 5195276 — Rent arrears at Unit/Flat 2, 198 New Windsor Road, New Windsor,

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions