What was Tenancy Tribunal case 5317762 about?

The tribunal order states: [The tenant/s] must pay Tania Lamb As Trustee For The

How much money was awarded in case 5317762?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,141.88 awarded to landlord

What type of tenancy dispute was case 5317762?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5317762?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13453755-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5317762 about?

The tribunal order states: [The tenant/s] must pay Tania Lamb As Trustee For The

How much money was awarded in case 5317762?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,141.88 awarded to landlord

What type of tenancy dispute was case 5317762?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5317762?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13453755-Tribunal_Order.pdf.

342A Kapiti Road, Paraparaumu Beach, Paraparaumu 5032 Tenancy Tribunal Case 5317762 — Rent arrears

Claims and awards in Tenancy Tribunal application 5317762 — net $4,169.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 January 2025	$4,141.88	18. However, I find that the landlord has failed to comply with the landlord’s record keeping obligations.
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,169.88
Total payable by Tenant to Landlord	$4,169.88

Order

[The tenant/s] must pay Tania Lamb As Trustee For The Ronan Fox Trust $4,169.88 immediately, calculated as shown in the table below:
The landlord’s application for suppression of the landlord’s name is dismissed.

Reasons

The landlord attended the hearing which was conducted by telephone. Two attempts were made to contact the tenant, but they were unsuccessful.
On or about 23 March 2026, the tenant provided a written statement to the Tribunal (the “Tenant’s Statement”). In this statement she provided her telephone number and her email address. The Notice of Hearing for today’s hearing and other Tribunal communication have been sent to this email address. Therefore, I am satisfied that the tenant was served Notice of this Hearing in accordance with the provisions of the Residential Tenancies Act 1986 (RTA). The hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears and reimbursement of the filing fee following the end of the tenancy. The landlord’s other claims:
Order 2 of the Adjournment Order of 18 November 2025 provides: If the landlord wants the Tribunal to deal with any claims other than rent arrears and the filing fee, the landlord must notify the Tribunal providing details of the landlord’s additional claims and sums claimed and referring to the current application number by 4pm on 02 December 2025.
The landlord did not do so. Therefore, the only claims considered by the Tribunal are for rent arrears and the filing fee. The tenant’s claims against the landlord:
In the Tenant’s Statement, the tenant has made several allegations against the landlord. These include that the landlord had interfered with her quiet enjoyment of the premises and the reason given for termination of the tenancy was not genuine.
As the tenant has not lodged a claim against the landlord, I was unable to consider these claims, and they did not form part of today’s proceedings.

How much is owed for rent?

The tenancy ended on 15 January 2025. In an email to the tenant of 10 July 2025, the landlord referred to rent and water arrears of “approximately $5,000.00”. In the landlord’s application form of 01 August 2025, the landlord claimed rent arrears of $4,245.88.
Where a landlord is seeking an order from the Tribunal for rent arrears, the application form sates that the landlord: Must attach a rent summary that clearly shows: The rental history of the tenancy from the start of the tenancy When the rent was due When the rent was paid or not paid A running total of the arrears.
The form also refers the landlord to the Tenancy Services Website for details on how to complete a rent summary.
The landlord has provided several rent summaries to the Tribunal as part of these proceedings. These summaries were not in the correct format, they missed crucial information and contained sums due for water. It also appears they were incorrect.
In the Adjournment Orders of 17 November 2025 and 09 February 2026, the landlord was asked to provide a rent summary in the form set out on Tenancy Services website. This document was provided on 23 March 2026 and records that the rent arrears are $7,551.42, not $4,245.88 as stated in the landlord’s application form.
The landlord was asked about the discrepancy at today’s hearing. The landlord says that it was not until she completed the rent summary form submitted to the Tribunal on 23 March 2026 that she realised the rent arrears were significantly more than the rent arrears claimed and the amount she advised the tenant on 01 August 2025.
Renting a residential premises is a business. Landlords are expected to know their obligations under the RTA. A fundamental obligation of landlords under the RTA is to keep accurate records of rent charged and paid. Bank statements are not sufficient. Section 29(3) of the RTA provides: On the written request of the tenant, the landlord shall also give to the tenant a written statement of the period to which any payment of rent relates.
Section 30 of the RTA provides that: Every landlord under a tenancy to which this Act applies shall keep or cause to be kept proper business records showing— (a)all payments of rent paid by or on behalf of the tenant, sufficient to enable the landlord to comply within a reasonable time with any request made by the tenant under section 29(3); and ...(1A) The records must be kept for 7 tax years after the tax year to which they relate. ...
That means that rent records should always be to date and easily produced to either the tenant or the Tribunal on request.
Section 30(2) of the RTA provides that a breach of section 30(1) of the RTA is an unlawful act. This means that tenants can claim for exemplary damages for breaches of section 30(1) (see section 109 and schedule 1A of the RTA). The tenant has not made any claims against the landlord, and I make no such award.
However, I find that the landlord has failed to comply with the landlord’s record keeping obligations. I do not consider it is fair for a landlord to fail in its obligations under the RTA to keep accurate records and then at a later date seek significantly more than: the amount of rent arrears claimed; and the amount of rent arrears the landlord had told the tenant was owing.
I decline to order rent arrears in excess of the sum claimed on the landlord’s application. Did the landlord fail to mitigate the landlord’s losses and, if so, should the sum awarded be reduced to reflect the failure to mitigate?
Landlords have a duty to mitigate their losses. Section 49 of the RTA provides: 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.
The landlord’s obligation is to take all reasonable steps to mitigate his losses. 1 In the District Court decision of David Huang v Carne Ashworth [2024] NZDC 15726 [3 July 2024], Judge NJ Sainsbury held that where the issue is significant rent arrears, mitigation can include terminating the tenancy: ... where the tenant fails to pay rent owing, there is an obligation 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.
Section 55(1)(a) of the RTA provides that where rent is 21 days in arrears, the landlord may apply to the Tribunal to end the tenancy.
The latest rent summary provided shows that the tenant was in rent arrears from 29 July 2024 until the tenancy terminated on 15 January 2025. This is a period of 5.5 months. The landlord could have applied to terminate the tenancy in August 2024. The landlord said the reason she did not do so was because the tenant told her on several occasions that she would be seeking assistance from the Work and Income.
I find that the landlord could have and should applied to the Tribunal to terminate the tenancy for rent arrears by at least the end of October 2025. Failure to do so was a failure to mitigate the landlord’s losses.
However, given that the period in which rent was left to accrue is relatively short and the tenant’s actual rent arrears are in excess of the sum awarded, I have not reduced the sum awarded for rent arrears for failure to mitigate. 1 See British Westinghouse Electric and Manufacturing Co Ltd v Underground Electric Railways Co of London [1912] AC 673 (HL) at 689. Should any sums be deducted from the rent arrears awarded in respect of the bond that has been paid to the landlord?
The tenant signed a bond release form releasing the bond to the landlord in April 2025.
In an email to the tenant of 15 January 2025, the landlord said that the bond had been used to help: ... pay towards the insurance claim to fix the holes in the seratone bathroom cubicle and the bathroom cabinet that had gotten water-logged as a consequence of the holes in the seratone. Your Bond also helped towards the carpet cleaner and removal of the items you left outside on the driveway and the lawn.
In the Tenant’s Statement, she said that she signed the bond return form because the landlord said that if the tenant did so, the landlord would not pursue a claim against the tenant. The tenant also said that the shower and carpet were damaged before she moved in.
As the tenant did not attend today’s hearing, I was unable to question regarding these matters. Therefore, I have only placed limited weight on these statements.
The landlord has provided the Tribunal with documentation showing that the insurance excess was $650, the fee to remove the items left at the premises was $536.00 and the carpet cleaning fee was $300.00. This comes to $1,486.00 leaving $104.00 of the bond unaccounted for.
The landlord says there was other damage to the premises. However, this was not referred to in her email to the tenant of 15 January 2025 and the landlord has not claimed for those matters.
I deduct $104.00 from the rent arrears awarded. Filing fee and suppression:
The landlord has been substantially successful in her claim. For this reason, I must order reimbursement of the filing fee.
The landlord has also applied for suppression of the landlord’s name. Section 95A of the RTA provides The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
While the landlord has been substantially successful in her claims, I consider that publication is justified because of the circumstances of this case. Specifically, the landlord has failed to comply with her record keeping obligations. This is a fundamental obligation of the landlord.
The application for suppression is dismissed.

Claims and awards in Tenancy Tribunal application 5317762 — net $4,169.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 January 2025	$4,141.88	18. However, I find that the landlord has failed to comply with the landlord’s record keeping obligations.
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,169.88
Total payable by Tenant to Landlord	$4,169.88

Order

[The tenant/s] must pay Tania Lamb As Trustee For The Ronan Fox Trust $4,169.88 immediately, calculated as shown in the table below:
The landlord’s application for suppression of the landlord’s name is dismissed.

Reasons

The landlord attended the hearing which was conducted by telephone. Two attempts were made to contact the tenant, but they were unsuccessful.
On or about 23 March 2026, the tenant provided a written statement to the Tribunal (the “Tenant’s Statement”). In this statement she provided her telephone number and her email address. The Notice of Hearing for today’s hearing and other Tribunal communication have been sent to this email address. Therefore, I am satisfied that the tenant was served Notice of this Hearing in accordance with the provisions of the Residential Tenancies Act 1986 (RTA). The hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears and reimbursement of the filing fee following the end of the tenancy. The landlord’s other claims:
Order 2 of the Adjournment Order of 18 November 2025 provides: If the landlord wants the Tribunal to deal with any claims other than rent arrears and the filing fee, the landlord must notify the Tribunal providing details of the landlord’s additional claims and sums claimed and referring to the current application number by 4pm on 02 December 2025.
The landlord did not do so. Therefore, the only claims considered by the Tribunal are for rent arrears and the filing fee. The tenant’s claims against the landlord:
In the Tenant’s Statement, the tenant has made several allegations against the landlord. These include that the landlord had interfered with her quiet enjoyment of the premises and the reason given for termination of the tenancy was not genuine.
As the tenant has not lodged a claim against the landlord, I was unable to consider these claims, and they did not form part of today’s proceedings.

How much is owed for rent?

The tenancy ended on 15 January 2025. In an email to the tenant of 10 July 2025, the landlord referred to rent and water arrears of “approximately $5,000.00”. In the landlord’s application form of 01 August 2025, the landlord claimed rent arrears of $4,245.88.
Where a landlord is seeking an order from the Tribunal for rent arrears, the application form sates that the landlord: Must attach a rent summary that clearly shows: The rental history of the tenancy from the start of the tenancy When the rent was due When the rent was paid or not paid A running total of the arrears.
The form also refers the landlord to the Tenancy Services Website for details on how to complete a rent summary.
The landlord has provided several rent summaries to the Tribunal as part of these proceedings. These summaries were not in the correct format, they missed crucial information and contained sums due for water. It also appears they were incorrect.
In the Adjournment Orders of 17 November 2025 and 09 February 2026, the landlord was asked to provide a rent summary in the form set out on Tenancy Services website. This document was provided on 23 March 2026 and records that the rent arrears are $7,551.42, not $4,245.88 as stated in the landlord’s application form.
The landlord was asked about the discrepancy at today’s hearing. The landlord says that it was not until she completed the rent summary form submitted to the Tribunal on 23 March 2026 that she realised the rent arrears were significantly more than the rent arrears claimed and the amount she advised the tenant on 01 August 2025.
Renting a residential premises is a business. Landlords are expected to know their obligations under the RTA. A fundamental obligation of landlords under the RTA is to keep accurate records of rent charged and paid. Bank statements are not sufficient. Section 29(3) of the RTA provides: On the written request of the tenant, the landlord shall also give to the tenant a written statement of the period to which any payment of rent relates.
Section 30 of the RTA provides that: Every landlord under a tenancy to which this Act applies shall keep or cause to be kept proper business records showing— (a)all payments of rent paid by or on behalf of the tenant, sufficient to enable the landlord to comply within a reasonable time with any request made by the tenant under section 29(3); and ...(1A) The records must be kept for 7 tax years after the tax year to which they relate. ...
That means that rent records should always be to date and easily produced to either the tenant or the Tribunal on request.
Section 30(2) of the RTA provides that a breach of section 30(1) of the RTA is an unlawful act. This means that tenants can claim for exemplary damages for breaches of section 30(1) (see section 109 and schedule 1A of the RTA). The tenant has not made any claims against the landlord, and I make no such award.
However, I find that the landlord has failed to comply with the landlord’s record keeping obligations. I do not consider it is fair for a landlord to fail in its obligations under the RTA to keep accurate records and then at a later date seek significantly more than: the amount of rent arrears claimed; and the amount of rent arrears the landlord had told the tenant was owing.
I decline to order rent arrears in excess of the sum claimed on the landlord’s application. Did the landlord fail to mitigate the landlord’s losses and, if so, should the sum awarded be reduced to reflect the failure to mitigate?
Landlords have a duty to mitigate their losses. Section 49 of the RTA provides: 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.
The landlord’s obligation is to take all reasonable steps to mitigate his losses. 1 In the District Court decision of David Huang v Carne Ashworth [2024] NZDC 15726 [3 July 2024], Judge NJ Sainsbury held that where the issue is significant rent arrears, mitigation can include terminating the tenancy: ... where the tenant fails to pay rent owing, there is an obligation 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.
Section 55(1)(a) of the RTA provides that where rent is 21 days in arrears, the landlord may apply to the Tribunal to end the tenancy.
The latest rent summary provided shows that the tenant was in rent arrears from 29 July 2024 until the tenancy terminated on 15 January 2025. This is a period of 5.5 months. The landlord could have applied to terminate the tenancy in August 2024. The landlord said the reason she did not do so was because the tenant told her on several occasions that she would be seeking assistance from the Work and Income.
I find that the landlord could have and should applied to the Tribunal to terminate the tenancy for rent arrears by at least the end of October 2025. Failure to do so was a failure to mitigate the landlord’s losses.
However, given that the period in which rent was left to accrue is relatively short and the tenant’s actual rent arrears are in excess of the sum awarded, I have not reduced the sum awarded for rent arrears for failure to mitigate. 1 See British Westinghouse Electric and Manufacturing Co Ltd v Underground Electric Railways Co of London [1912] AC 673 (HL) at 689. Should any sums be deducted from the rent arrears awarded in respect of the bond that has been paid to the landlord?
The tenant signed a bond release form releasing the bond to the landlord in April 2025.
In an email to the tenant of 15 January 2025, the landlord said that the bond had been used to help: ... pay towards the insurance claim to fix the holes in the seratone bathroom cubicle and the bathroom cabinet that had gotten water-logged as a consequence of the holes in the seratone. Your Bond also helped towards the carpet cleaner and removal of the items you left outside on the driveway and the lawn.
In the Tenant’s Statement, she said that she signed the bond return form because the landlord said that if the tenant did so, the landlord would not pursue a claim against the tenant. The tenant also said that the shower and carpet were damaged before she moved in.
As the tenant did not attend today’s hearing, I was unable to question regarding these matters. Therefore, I have only placed limited weight on these statements.
The landlord has provided the Tribunal with documentation showing that the insurance excess was $650, the fee to remove the items left at the premises was $536.00 and the carpet cleaning fee was $300.00. This comes to $1,486.00 leaving $104.00 of the bond unaccounted for.
The landlord says there was other damage to the premises. However, this was not referred to in her email to the tenant of 15 January 2025 and the landlord has not claimed for those matters.
I deduct $104.00 from the rent arrears awarded. Filing fee and suppression:
The landlord has been substantially successful in her claim. For this reason, I must order reimbursement of the filing fee.
The landlord has also applied for suppression of the landlord’s name. Section 95A of the RTA provides The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
While the landlord has been substantially successful in her claims, I consider that publication is justified because of the circumstances of this case. Specifically, the landlord has failed to comply with her record keeping obligations. This is a fundamental obligation of the landlord.
The application for suppression is dismissed.

Tenancy Tribunal case 5317762 — Rent arrears at 342A Kapiti Road, Paraparaumu Beach, Paraparaumu 5032

At a glance

Tenancy Tribunal case 5317762 — Rent arrears at 342A Kapiti Road, Paraparaumu Beach, Paraparaumu 5032

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions