What was Tenancy Tribunal case 5514994 about?

The tribunal order states: The tenancy of Ashby Chad at Unit/Flat 1, 396 Glenfield Road, Glenfield,

How much money was awarded in case 5514994?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $15,040.00 awarded to landlord

What type of tenancy dispute was case 5514994?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5514994?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13830300-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5514994 about?

The tribunal order states: The tenancy of Ashby Chad at Unit/Flat 1, 396 Glenfield Road, Glenfield,

How much money was awarded in case 5514994?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $15,040.00 awarded to landlord

What type of tenancy dispute was case 5514994?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5514994?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13830300-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 396 Glenfield Road, Glenfield, Auckland 0629 Tenancy Tribunal Case 5514994 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5514994 — net $15,068.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 June 2026	$15,040.00	Rent arrears to 30 June 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$15,068.00
Total payable by Tenant to Landlord	$15,068.00

The landlord attended the hearing held on 30 June 2026 by telephone. The landlord had the assistance of a mandarin interpreter.

The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by telephone, but the call was not answered. The hearing proceeded in the tenant’s absence.

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

The landlord produced a rent summary showing that rent arrears owing to 30 June 2026 amounted to $22,560.00. The last payment toward rent from the tenant was on 29 September 2025, eight months before the landlord applied to the Tribunal.

The Residential Tenancies Act 1986 requires that a party mitigate their loss, which mean that they must take action to limit any loss from a breach by the other party. Section 49 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.”

At the hearing the landlord did not give any evidence of what steps, if any has been taken to mitigate the loss in relation to the rent arrears. He said that he is the new property manager, and he did not know why there was no earlier order sought for termination and rent arrears.

When rent arrears occur, a reasonable landlord will mitigate that loss by applying to the Tenancy Tribunal for appropriate orders.

The landlord could have applied for termination of the tenancy once the rent was 21 days in arrears. That was the situation on 6 October 2025. But the landlord did not apply to the Tribunal until 27 May 2026, seven months later. At the date of application, the tenant was 252 days (36 weeks) in arrears. At the date of hearing the tenant is 281 days (40 weeks) in arrears.

Of relevance is that this is like what occurred for this tenancy in January 2025. The Tribunal made an order 1 on 13 January 2025 terminating the tenancy, awarding rent arrears, the filing fee and releasing the bond to the landlord. The rent arrears amounted to $14,560.00 (26 weeks of rent). In that order the Adjudicator recorded that they were satisfied that the landlord had attempted to mitigate its loss.

After that order was made the landlord did not enforce the termination and the tenant remained living in the tenancy. The effect of that is that after failing to enforce the order for 90 days a new tenancy is deemed to have started 2 .

While not enforcing the termination the landlord has acted to enforce the debt, and the tenant commenced weekly payments of $30.00 from 5 May 2025. 1 TT5087928 2 Section 60(2) Residential Tenancies Act 1986

On the evidence before me, I determine that the landlord has failed in this case to take all reasonable steps to mitigate the loss. I discount the rent arrears by one third ($7,520.00) with a balance owing of $15,040.00.

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

Because Beta Property Investment Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5514994 — net $15,068.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 June 2026	$15,040.00	Rent arrears to 30 June 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$15,068.00
Total payable by Tenant to Landlord	$15,068.00

Order

The tenancy of Ashby Chad at Unit/Flat 1, 396 Glenfield Road, Glenfield, Auckland 0629 is terminated, and possession is granted to Beta Property Investment Limited, immediately.
Ashby Chad must pay Beta Property Investment Limited $15,068.00 immediately, being rent arrears to 30 June 2026.

Reasons

The landlord attended the hearing held on 30 June 2026 by telephone. The landlord had the assistance of a mandarin interpreter.
The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by telephone, but the call was not answered. The hearing proceeded in the tenant’s absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The landlord produced a rent summary showing that rent arrears owing to 30 June 2026 amounted to $22,560.00. The last payment toward rent from the tenant was on 29 September 2025, eight months before the landlord applied to the Tribunal.
The Residential Tenancies Act 1986 requires that a party mitigate their loss, which mean that they must take action to limit any loss from a breach by the other party. Section 49 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.”
At the hearing the landlord did not give any evidence of what steps, if any has been taken to mitigate the loss in relation to the rent arrears. He said that he is the new property manager, and he did not know why there was no earlier order sought for termination and rent arrears.
When rent arrears occur, a reasonable landlord will mitigate that loss by applying to the Tenancy Tribunal for appropriate orders.
The landlord could have applied for termination of the tenancy once the rent was 21 days in arrears. That was the situation on 6 October 2025. But the landlord did not apply to the Tribunal until 27 May 2026, seven months later. At the date of application, the tenant was 252 days (36 weeks) in arrears. At the date of hearing the tenant is 281 days (40 weeks) in arrears.
Of relevance is that this is like what occurred for this tenancy in January 2025. The Tribunal made an order 1 on 13 January 2025 terminating the tenancy, awarding rent arrears, the filing fee and releasing the bond to the landlord. The rent arrears amounted to $14,560.00 (26 weeks of rent). In that order the Adjudicator recorded that they were satisfied that the landlord had attempted to mitigate its loss.
After that order was made the landlord did not enforce the termination and the tenant remained living in the tenancy. The effect of that is that after failing to enforce the order for 90 days a new tenancy is deemed to have started 2 .
While not enforcing the termination the landlord has acted to enforce the debt, and the tenant commenced weekly payments of $30.00 from 5 May 2025. 1 TT5087928 2 Section 60(2) Residential Tenancies Act 1986
On the evidence before me, I determine that the landlord has failed in this case to take all reasonable steps to mitigate the loss. I discount the rent arrears by one third ($7,520.00) with a balance owing of $15,040.00.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
Because Beta Property Investment Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5514994 — Rent arrears at Unit/Flat 1, 396 Glenfield Road, Glenfield, Auckland 0629

At a glance

Tenancy Tribunal case 5514994 — Rent arrears at Unit/Flat 1, 396 Glenfield Road, Glenfield, Auckland 0629

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions