How much money was awarded in case 5368842?

Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5368842?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5368842?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12911019-Tribunal_Order.pdf.

How much money was awarded in case 5368842?

Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5368842?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5368842?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12911019-Tribunal_Order.pdf.

30 Hartgill Crescent, Dannevirke, Dannevirke 4930 Tenancy Tribunal Case 5368842 — Rent arrears

Q: What was Tenancy Tribunal case 5368842 about?

The tribunal order states: The tenancy at 30 Hartgill Crescent, Dannevirke is terminated and possession

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5368842. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
the filing fee of	$28.00		8. Because the landlord has been successful, I must reimburse the filing fee of $28.00.

The tenancy at 30 Hartgill Crescent, Dannevirke is terminated and possession granted to [The tenant/s] landlord/s] immediately.

[The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] the sum of $3,068 immediately, being rent arrears to 23 December 2025 of $3,040, plus the filing fee of $28.00.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.

The landlord has applied for termination of the tenancy and rent arrears.

The onus of proof is on the landlord to prove his claims. The standard of proof is on the balance of probabilities.

The landlord does not have a copy of the tenancy agreement. He said that the tenant has a copy.

The tenant’s father had been renting the property. After the father died, Mr Reichenbach agreed to Mr Mohr renting the property. Mr Mohr moved in and started paying rent from 1 July 2024.

The landlord provided a rent summary showing that apart from two weeks in October/November 2024, the tenant paid his rent regularly until February this year. It shows that no rent has been paid since 3 February 2025.

I am satisfied, based on the landlord’s evidence that there is a periodic tenancy which began on or before 1 July 2024.

Rent was at least 21 days in arrears on the date the application was filed, which was 17 October 2025. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord seeks unpaid rent until today. I have not granted all of that. This is because section 49 of the Residential Tenancies Act says that 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.

Mr Reichenbach says that a couple of months after the rent stopped being paid, he found out that the tenant was in prison. He was told by the tenant’s sister, his stepmother and neighbours. They said that he would be coming out at the end of May.

A landlord may choose to keep a tenancy open for a tenant while they are in prison, but at the same time, they need to consider whether it is appropriate to allow the debt to accrue in this manner. He said that he had discussions with other family members about paying the rent. The reality was that his agreement was with Mr Mohr whom he knew had no income and was not living at the property.

Mr Reichenbach says that the tenant came out of prison at the end of November and he believes he is now living at the property.

On 12 July 2025 the landlord served a rent arrears notice. It is addressed to the tenant and his partner. The tenant was in prison at the time. Therefore, it is unknown if it was brought to his attention.

Three months later, on 17 October, while the tenant was still in prison, the landlord applied for termination and rent arrears. At a phone hearing three weeks ago, on 2 December, the landlord said that he thought the tenant was out of prison and is living back at the property.

When the tenant stopped paying rent in February 2025, there were a number of options open to the landlord, including bringing an application for termination and rent arrears, once the tenant was three weeks in arrears, which was the end of February.

It is not reasonable to seek payment of a debt that the landlord has allowed to accrue over ten months, particularly when the landlord believed the tenant was in prison for nine of those months.

I have decided to order 16 weeks’ rent arrears. 1 I have reached that figure on the basis that, allowing for broken promises about payment of arrears, a reasonable and prudent landlord would have applied for rent arrears and termination within 8 weeks of the rent arrears not being paid, and would have expected a hearing within 8 weeks of the application being filed. The rent is $190 a week and so the amount ordered is $3,040.

Because the landlord has been successful, I must reimburse the filing fee of $28.00.

The landlord is strongly advised to inform himself of all of his rights and responsibilities under the Act. He may find there is useful information available on the Tenancy Services website.

Order

Claims and awards in Tenancy Tribunal application 5368842. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
the filing fee of	$28.00		8. Because the landlord has been successful, I must reimburse the filing fee of $28.00.