What was the outcome of Tenancy Tribunal case 5297011?

The tribunal order states: Tim Taitoko Fitzgerald and Selena Anne Sparkes must pay Kevin Daly

How much money was awarded in case 5297011?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $7,800.00 awarded to landlord

What type of tenancy dispute was case 5297011?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5297011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12322512-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5297011?

The tribunal order states: Tim Taitoko Fitzgerald and Selena Anne Sparkes must pay Kevin Daly

How much money was awarded in case 5297011?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $7,800.00 awarded to landlord

What type of tenancy dispute was case 5297011?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5297011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12322512-Tenancy_Tribunal_Order.pdf.

141 Rugby Street, Awapuni, Palmerston North 4412 Tenancy Tribunal Case 5297011 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5297011 — net $7,827.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 June 2025	$7,800.00	Rent arrears to 16 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,827.00
Total payable by Tenant to Landlord	$7,827.00

The landlord attended the hearing on 26 August 2025. The tenant did not.

The tenancy began on 27 February 2025 and ended on 19 June 2025. The landlord claims the tenant did not make one payment of rent during the entire tenancy. The issues I must determine are: a. To what standard must the landlord prove their claim? b. Does the tenant owe rent arrears? c. Did the landlord act reasonably to mitigate their loss?

To what standard must the landlord prove their claim?

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

Does the tenant owe rent arrears?

The tenancy ended on 16 June 2025. The landlord submitted a rent summary, which records the tenant owes rent arrears of $7,800.00 up to this date.

I accept the landlord’s rent summary as accurate and find the tenant owes $7,800.00 in rent arrears.

Did the landlord act reasonably to mitigate their loss?

The law

Where a tenant fails to pay rent as and when it is due, section 49 Residential Tenancies Act 1986 (RTA) requires a landlord to take all reasonable steps to limit the loss arising from the tenant’s breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.

In Huang v Ashworth [2024] NZDC 15726, the District Court discussed a landlord’s duty to mitigate their loss in the context of rent arrears and held: [8] ...[W]here the tenant fails to pay rent owing, there is an obligation on the landlord to mitigate the loss. This can be achieved by not allowing the arrears to continue to accrue, instead ending the tenancy and reletting the premises thereby preventing ongoing loss. ... [11] Of relevance is s 55(1)(a) of the Act, which contains the power for a landlord to end a tenancy where rent is more than 21 days in arrears...

The District Court held that the test of what is required by a landlord to mitigate their loss is a factual one that requires the Court or Tribunal to consider: (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. Analysis

The landlord gave evidence that they initially communicated with the tenant about rent arrears. The tenant promised to pay the landlord, but never did.

The landlord submitted copies of three formal breach notices sent to the tenant on 20 March 2025, 21 April 2025 and 8 June 2025. When it became apparent to the landlord that the tenant was not going to pay their rent, the landlord sent the tenant a notice ending the tenancy and filed an application with the Tribunal.

In these circumstances, I am satisfied the landlord acted reasonably to mitigate their loss. Therefore, the landlord’s claim for rent arrears is granted in full for $7,800.00. Filing fee

Because Kevin Daly has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5297011 — net $7,827.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 June 2025	$7,800.00	Rent arrears to 16 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,827.00
Total payable by Tenant to Landlord	$7,827.00

Order

Tim Taitoko Fitzgerald and Selena Anne Sparkes must pay Kevin Daly $7,827.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 26 August 2025. The tenant did not.
The tenancy began on 27 February 2025 and ended on 19 June 2025. The landlord claims the tenant did not make one payment of rent during the entire tenancy. The issues I must determine are: a. To what standard must the landlord prove their claim? b. Does the tenant owe rent arrears? c. Did the landlord act reasonably to mitigate their loss?

To what standard must the landlord prove their claim?

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

Does the tenant owe rent arrears?

The tenancy ended on 16 June 2025. The landlord submitted a rent summary, which records the tenant owes rent arrears of $7,800.00 up to this date.
I accept the landlord’s rent summary as accurate and find the tenant owes $7,800.00 in rent arrears.

Did the landlord act reasonably to mitigate their loss?

The law

Where a tenant fails to pay rent as and when it is due, section 49 Residential Tenancies Act 1986 (RTA) requires a landlord to take all reasonable steps to limit the loss arising from the tenant’s breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.
In Huang v Ashworth [2024] NZDC 15726, the District Court discussed a landlord’s duty to mitigate their loss in the context of rent arrears and held: [8] ...[W]here the tenant fails to pay rent owing, there is an obligation on the landlord to mitigate the loss. This can be achieved by not allowing the arrears to continue to accrue, instead ending the tenancy and reletting the premises thereby preventing ongoing loss. ... [11] Of relevance is s 55(1)(a) of the Act, which contains the power for a landlord to end a tenancy where rent is more than 21 days in arrears...
The District Court held that the test of what is required by a landlord to mitigate their loss is a factual one that requires the Court or Tribunal to consider: (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. Analysis
The landlord gave evidence that they initially communicated with the tenant about rent arrears. The tenant promised to pay the landlord, but never did.
The landlord submitted copies of three formal breach notices sent to the tenant on 20 March 2025, 21 April 2025 and 8 June 2025. When it became apparent to the landlord that the tenant was not going to pay their rent, the landlord sent the tenant a notice ending the tenancy and filed an application with the Tribunal.
In these circumstances, I am satisfied the landlord acted reasonably to mitigate their loss. Therefore, the landlord’s claim for rent arrears is granted in full for $7,800.00. Filing fee
Because Kevin Daly has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5297011 — Rent arrears at 141 Rugby Street, Awapuni, Palmerston North 4412

At a glance

Tenancy Tribunal case 5297011 — Rent arrears at 141 Rugby Street, Awapuni, Palmerston North 4412

At a glance

Award balance

Claims & awards

Order

Reasons

To what standard must the landlord prove their claim?

Does the tenant owe rent arrears?

Did the landlord act reasonably to mitigate their loss?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

To what standard must the landlord prove their claim?

Does the tenant owe rent arrears?

Did the landlord act reasonably to mitigate their loss?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions