What was Tenancy Tribunal case 5412609 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 5412609?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $20,932.48 awarded to landlord

What type of tenancy dispute was case 5412609?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5412609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13136199-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5412609 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 5412609?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $20,932.48 awarded to landlord

What type of tenancy dispute was case 5412609?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5412609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13136199-Tribunal_Order_Redacted.pdf.

25 Elizabeth Street, Victoria, Rotorua 3010 Tenancy Tribunal Case 5412609 — Rent arrears

Claims and awards in Tenancy Tribunal application 5412609 — net $17,760.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 February 2026 (less failure to mitigate loss	$20,932.48	Rent arrears to 17 February 2026 (less failure to mitigate loss
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$17,760.48
Total payable by Tenant to Landlord	$17,760.48

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Toni Jean Rikiti at 25 Elizabeth Street, Victoria, Rotorua 3010 is terminated, and possession is granted to [The applicant/s]immediately.
Toni Jean Rikiti must pay [The applicant/s] $17,760.48 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The applicant/s] immediately.

Reasons

The landlord attended the hearing on 17 February 2026. The tenant did not.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should the tenancy be terminated?

The landlord filed their application on 11 December 2025. Rent arrears were $22,838.00 (181 days) on this date. Because rent was at least 21 days in arrears on the date the application was filed, the tenancy is terminated. 1

How much does the tenant owe in rent arrears?

The law

Section 40(1)(a) of the Residential Tenancies Act 1986 (RTA) requires a tenant to pay rent as and when it is due and payable under the tenancy agreement.
Where a tenant fails to pay rent, section 49 RTA requires a landlord to take all reasonable steps to mitigate their loss.
In Huang v Ashworth [2024] NZDC 15726, the District Court discussed a landlord’s duty to mitigate loss in the context of rent arrears. It held that: [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 1 Residential Tenancies Act 1986, section 55(1)(a). (b) more particularly, whether it acted reasonably having regard to all the circumstances of the case.
The case of Huang v Ashworth involved a tenancy that began in 2019 and ended on 3 January 2023. Throughout a significant period of the tenancy, the tenant did not pay the full amount of rent and was in arrears. As of March 2022, the tenant was 13 weeks in arrears. Rent arrears continued to increase until the tenancy ended on 3 January 2023. The landlord sought an order for $10,000.00 in rent arrears.
The landlord in Huang v Ashworth had engaged in ongoing discussion with the tenant about payment of the arrears. At different times, arrangements were put in place for the tenant to pay the arrears, but the tenant did not adhere for any significant period of time. The tenant made numerous promises to the landlord to pay the arrears and would sometimes “top up” their rental payment to reduce the arrears, but never for a sustained period of time. The landlord continued to allow the tenant more time to pay the arrears, rather than seeking eviction. The District Court found the landlord’s attempts to resolve the issue of rent arrears without resorting to eviction were reasonable, but only up to a point. At paragraph [18], the District Court held: [18]... Where a tenant repeatedly breaches promises to make up arrears and instead additional arrears are incurred there comes a point where it is being naïve or careless to your own interests to persist giving the tenant more time to pay. For that reason, I do not consider that the full arrears can be claimed. In other words I am satisfied on balance of probabilities that there was some failure to mitigate loss...”
The District Court considered a reduction of one third of the total rent arrears claimed to be a reasonable reflection of the landlord’s failure to mitigate their loss. Analysis
The tenant last paid rent on 4 June 2025 however, the landlord did not file an application for termination with the Tribunal until 11 December 2025. Rent arrears were $22,838.13 (181 days) by this date.
The landlord gave evidence that the reason for the delay was because the tenant is difficult to contact and engage with. Also, the landlord was overseas when rent arrears began accruing.
Section 16A(1) RTA requires a landlord who is out of New Zealand for more than 21 consecutive days to appoint an agent in New Zealand. One of the reasons for this requirement is to help the landlord keep on top of issues like rent arrears and maintenance.
I find it was reasonable for the landlord to try to manage the situation of increasing rent arrears by attempting to contact and engage with the tenant first, but only up to a certain point. By 4 August 2025, rent arrears were $6,633.00. The tenant had not paid any rent in 6 weeks. It should have been obvious to the landlord at this point that the tenant was unlikely to clear the arrears or pay rent when due moving forward. By failing to file an application for termination with the Tribunal at this stage, I find the landlord did not act reasonably to mitigate their loss. There must a reduction to the total level of rent arrears sought to reflect this. I adopt the same reduction applied by the District Court in Huang v Ashworth of one third.
The landlord submitted a rent summary, which records rent arrears as being $31,398.71 up to 17 February 2026. One third of this total is $10,466.23.
The landlord’s claim for rent arrears is granted for $20,932.48. Filing fee & name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason, I must grant their request for name suppression.

Claims and awards in Tenancy Tribunal application 5412609 — net $17,760.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 February 2026 (less failure to mitigate loss	$20,932.48	Rent arrears to 17 February 2026 (less failure to mitigate loss
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$17,760.48
Total payable by Tenant to Landlord	$17,760.48

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Toni Jean Rikiti at 25 Elizabeth Street, Victoria, Rotorua 3010 is terminated, and possession is granted to [The applicant/s]immediately.
Toni Jean Rikiti must pay [The applicant/s] $17,760.48 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The applicant/s] immediately.

Reasons

The landlord attended the hearing on 17 February 2026. The tenant did not.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should the tenancy be terminated?

The landlord filed their application on 11 December 2025. Rent arrears were $22,838.00 (181 days) on this date. Because rent was at least 21 days in arrears on the date the application was filed, the tenancy is terminated. 1

How much does the tenant owe in rent arrears?

The law

Section 40(1)(a) of the Residential Tenancies Act 1986 (RTA) requires a tenant to pay rent as and when it is due and payable under the tenancy agreement.
Where a tenant fails to pay rent, section 49 RTA requires a landlord to take all reasonable steps to mitigate their loss.
In Huang v Ashworth [2024] NZDC 15726, the District Court discussed a landlord’s duty to mitigate loss in the context of rent arrears. It held that: [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 1 Residential Tenancies Act 1986, section 55(1)(a). (b) more particularly, whether it acted reasonably having regard to all the circumstances of the case.
The case of Huang v Ashworth involved a tenancy that began in 2019 and ended on 3 January 2023. Throughout a significant period of the tenancy, the tenant did not pay the full amount of rent and was in arrears. As of March 2022, the tenant was 13 weeks in arrears. Rent arrears continued to increase until the tenancy ended on 3 January 2023. The landlord sought an order for $10,000.00 in rent arrears.
The landlord in Huang v Ashworth had engaged in ongoing discussion with the tenant about payment of the arrears. At different times, arrangements were put in place for the tenant to pay the arrears, but the tenant did not adhere for any significant period of time. The tenant made numerous promises to the landlord to pay the arrears and would sometimes “top up” their rental payment to reduce the arrears, but never for a sustained period of time. The landlord continued to allow the tenant more time to pay the arrears, rather than seeking eviction. The District Court found the landlord’s attempts to resolve the issue of rent arrears without resorting to eviction were reasonable, but only up to a point. At paragraph [18], the District Court held: [18]... Where a tenant repeatedly breaches promises to make up arrears and instead additional arrears are incurred there comes a point where it is being naïve or careless to your own interests to persist giving the tenant more time to pay. For that reason, I do not consider that the full arrears can be claimed. In other words I am satisfied on balance of probabilities that there was some failure to mitigate loss...”
The District Court considered a reduction of one third of the total rent arrears claimed to be a reasonable reflection of the landlord’s failure to mitigate their loss. Analysis
The tenant last paid rent on 4 June 2025 however, the landlord did not file an application for termination with the Tribunal until 11 December 2025. Rent arrears were $22,838.13 (181 days) by this date.
The landlord gave evidence that the reason for the delay was because the tenant is difficult to contact and engage with. Also, the landlord was overseas when rent arrears began accruing.
Section 16A(1) RTA requires a landlord who is out of New Zealand for more than 21 consecutive days to appoint an agent in New Zealand. One of the reasons for this requirement is to help the landlord keep on top of issues like rent arrears and maintenance.
I find it was reasonable for the landlord to try to manage the situation of increasing rent arrears by attempting to contact and engage with the tenant first, but only up to a certain point. By 4 August 2025, rent arrears were $6,633.00. The tenant had not paid any rent in 6 weeks. It should have been obvious to the landlord at this point that the tenant was unlikely to clear the arrears or pay rent when due moving forward. By failing to file an application for termination with the Tribunal at this stage, I find the landlord did not act reasonably to mitigate their loss. There must a reduction to the total level of rent arrears sought to reflect this. I adopt the same reduction applied by the District Court in Huang v Ashworth of one third.
The landlord submitted a rent summary, which records rent arrears as being $31,398.71 up to 17 February 2026. One third of this total is $10,466.23.
The landlord’s claim for rent arrears is granted for $20,932.48. Filing fee & name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason, I must grant their request for name suppression.

Tenancy Tribunal case 5412609 — Rent arrears at 25 Elizabeth Street, Victoria, Rotorua 3010

At a glance

Tenancy Tribunal case 5412609 — Rent arrears at 25 Elizabeth Street, Victoria, Rotorua 3010

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe in rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe in rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions