How much money was awarded in case 5400123?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,050.00 awarded to landlord; Water Rates: $569.33 awarded to landlord

What type of tenancy dispute was case 5400123?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5400123?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12982622-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5400123?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,050.00 awarded to landlord; Water Rates: $569.33 awarded to landlord

What type of tenancy dispute was case 5400123?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5400123?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12982622-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 36 Jellicoe Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5400123 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5400123?

The tribunal order states: The tenancy of Danielle Hiwarau and Jay Harrison at Unit/Flat 1, 36 Jellicoe

Order

Claims and awards in Tenancy Tribunal application 5400123 — net $2,847.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears up to and including 19 January 2026	$5,050.00	Rent arrears up to and including 19 January 2026
Water rates	$569.33	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,847.33
Total payable by Tenant to Landlord	$2,847.33

The tenancy of Danielle Hiwarau and Jay Harrison at Unit/Flat 1, 36 Jellicoe Road, Manurewa, Auckland 2102 is terminated, and possession is granted to Gg Blue Enterprises Limited T/A Propertyscouts Manukau As The Agent For Craig Wilmshurts - Ian Craig Enterprises Ltd, at 11:59pm on Monday, 19 January 2026.

Danielle Hiwarau and Jay Harrison must pay Gg Blue Enterprises Limited T/A Propertyscouts Manukau As The Agent For Craig Wilmshurts - Ian Craig Enterprises Ltd $2,784.00 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $2,800.00 (BN-17589351) to Gg Blue Enterprises Limited T/A Propertyscouts Manukau As The Agent For Craig Wilmshurts - Ian Craig Enterprises Ltd immediately.

Reasons

The hearing was conducted by video conference. Ms Armstrong, representative of the landlord’s agent, attended the hearing for the landlord. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why they would not attend the hearing, and the hearing proceeded in their absence.

The landlord has applied for termination of the tenancy, rent arrears, outgoings and refund of the bond.

Should the tenancy be terminated?

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated in accordance with section 55(1)(a) of the Residential Tenancies Act 1986 (RTA).

How much rent is owing?

The landlord provided rent records in the form of a rent ledger which prove the amount owing at the end of the tenancy.

How much is owing for outgoings?

The landlord has provided a ledger showing that the tenant has not paid water rates for the duration of the tenancy. This is a period of just over 54 weeks.

The landlord’s ledger shows that $652.68 is owing in water. My calculations of the water consumption based on the invoices provided is $632.50. During the hearing, Ms Armstrong agreed to this figure being the sum claimed.

Both parties to a tenancy agreement 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 their 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. 1 See British Westinghouse Electric and Manufacturing Co Ltd v Underground Electric Railways Co of London [1912] AC 673 (HL) at 689.

I consider this principle also applies for water rates. Section 56 of the RTA provides: (1) On an application made to it under this section by the landlord or the tenant, the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that— (a) the other party has committed a breach of any of the provisions of the tenancy agreement (including provisions relating to the payment of rent) or of this Act; and (b)in the case of a breach capable of remedy,— (i) the applicant gave to the other party a notice specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given; and (ii)the other party failed to remedy the default within the required period; and (c)that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.

The water rates were allowed to accrue for a period of around 11 months before an application to terminate the tenancy was made. Ms Armstrong said that her agency only took over the tenancy in October last year. She believes that prior to that, notices were issued for the unpaid water rates, but they did not follow up with applications to the Tribunal. The landlord has not provided evidence of these notices being issued.

I am not satisfied that the landlord did issue notices to the tenant for breaching their obligation to pay the water consumption rates as and when they fell due. I find that the landlord has failed to mitigate its losses. The landlord could have issued notices in accordance with section 56 of the RTA above and, if the tenant did not remedy the breach, the landlord could have applied to the Tribunal to terminate the tenancy.

Given the amount of water rates owing and the period of time over which this sum has been allowed to accrue, I consider it is appropriate to make a deduction of 10% to account for the landlord’s failure to mitigate its losses. The filing fee:

Gg Blue Enterprises Limited T/A Propertyscouts Manukau As The Agent For Craig Wilmshurts - Ian Craig Enterprises Ltd has substantially succeeded with the claim. For this reason, I order reimbursement of the filing fee. I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5400123 — net $2,847.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears up to and including 19 January 2026	$5,050.00	Rent arrears up to and including 19 January 2026
Water rates	$569.33	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,847.33
Total payable by Tenant to Landlord	$2,847.33

Order

The tenancy of Danielle Hiwarau and Jay Harrison at Unit/Flat 1, 36 Jellicoe Road, Manurewa, Auckland 2102 is terminated, and possession is granted to Gg Blue Enterprises Limited T/A Propertyscouts Manukau As The Agent For Craig Wilmshurts - Ian Craig Enterprises Ltd, at 11:59pm on Monday, 19 January 2026.
Danielle Hiwarau and Jay Harrison must pay Gg Blue Enterprises Limited T/A Propertyscouts Manukau As The Agent For Craig Wilmshurts - Ian Craig Enterprises Ltd $2,784.00 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $2,800.00 (BN-17589351) to Gg Blue Enterprises Limited T/A Propertyscouts Manukau As The Agent For Craig Wilmshurts - Ian Craig Enterprises Ltd immediately.

Reasons

The hearing was conducted by video conference. Ms Armstrong, representative of the landlord’s agent, attended the hearing for the landlord. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why they would not attend the hearing, and the hearing proceeded in their absence.
The landlord has applied for termination of the tenancy, rent arrears, outgoings and refund of the bond.

Should the tenancy be terminated?

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated in accordance with section 55(1)(a) of the Residential Tenancies Act 1986 (RTA).

How much rent is owing?

The landlord provided rent records in the form of a rent ledger which prove the amount owing at the end of the tenancy.

How much is owing for outgoings?

The landlord has provided a ledger showing that the tenant has not paid water rates for the duration of the tenancy. This is a period of just over 54 weeks.
The landlord’s ledger shows that $652.68 is owing in water. My calculations of the water consumption based on the invoices provided is $632.50. During the hearing, Ms Armstrong agreed to this figure being the sum claimed.
Both parties to a tenancy agreement 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 their 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. 1 See British Westinghouse Electric and Manufacturing Co Ltd v Underground Electric Railways Co of London [1912] AC 673 (HL) at 689.
I consider this principle also applies for water rates. Section 56 of the RTA provides: (1) On an application made to it under this section by the landlord or the tenant, the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that— (a) the other party has committed a breach of any of the provisions of the tenancy agreement (including provisions relating to the payment of rent) or of this Act; and (b)in the case of a breach capable of remedy,— (i) the applicant gave to the other party a notice specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given; and (ii)the other party failed to remedy the default within the required period; and (c)that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.
The water rates were allowed to accrue for a period of around 11 months before an application to terminate the tenancy was made. Ms Armstrong said that her agency only took over the tenancy in October last year. She believes that prior to that, notices were issued for the unpaid water rates, but they did not follow up with applications to the Tribunal. The landlord has not provided evidence of these notices being issued.
I am not satisfied that the landlord did issue notices to the tenant for breaching their obligation to pay the water consumption rates as and when they fell due. I find that the landlord has failed to mitigate its losses. The landlord could have issued notices in accordance with section 56 of the RTA above and, if the tenant did not remedy the breach, the landlord could have applied to the Tribunal to terminate the tenancy.
Given the amount of water rates owing and the period of time over which this sum has been allowed to accrue, I consider it is appropriate to make a deduction of 10% to account for the landlord’s failure to mitigate its losses. The filing fee:
Gg Blue Enterprises Limited T/A Propertyscouts Manukau As The Agent For Craig Wilmshurts - Ian Craig Enterprises Ltd has substantially succeeded with the claim. For this reason, I order reimbursement of the filing fee. I must reimburse the filing fee.

Tenancy Tribunal case 5400123 — Rent arrears at Unit/Flat 1, 36 Jellicoe Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5400123 — Rent arrears at Unit/Flat 1, 36 Jellicoe Road, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much rent is owing?

How much is owing for outgoings?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much rent is owing?

How much is owing for outgoings?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions