What was Tenancy Tribunal case 5540459 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at 295B Dickson Road, Papamoa Beach,

How much money was awarded in case 5540459?

Filing Fee: $29.00 awarded to landlord; Rent Arrears: $8,948.53 awarded to landlord; Water Rates: $1,284.32 awarded to landlord

What type of tenancy dispute was case 5540459?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5540459?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13992905-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5540459 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at 295B Dickson Road, Papamoa Beach,

How much money was awarded in case 5540459?

Filing Fee: $29.00 awarded to landlord; Rent Arrears: $8,948.53 awarded to landlord; Water Rates: $1,284.32 awarded to landlord

What type of tenancy dispute was case 5540459?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5540459?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13992905-Tribunal_Order.pdf.

295B Dickson Road, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 5540459 — Rent arrears

Claims and awards in Tenancy Tribunal application 5540459 — net $8,281.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears up to and including 31 July 2026	$8,948.53	Rent arrears up to and including 31 July 2026
Water rates	$1,284.32	Water rates
Filing fee reimbursement	$29.00	Filing fee reimbursement
Net award	$8,281.85
Total payable by Tenant to Landlord	$8,281.85

Order

(As amended on 03 August 2026)

The tenancy of [The tenant/s] tenant/s] at 295B Dickson Road, Papamoa Beach, Papamoa 3118 is terminated, and possession is granted to Eves Realty Limited As Agent For Aroha Tahau & Carl Axtens As Trustees Of The Cr Axtens & At Tahau Trust, at 11:59pm on Thursday, 06 July August 2026.
[The tenant/s] tenant/s] must pay Eves Realty Limited As Agent For Aroha Tahau & Carl Axtens As Trustees Of The Cr Axtens & At Tahau Trust $8,281.85 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $1,980.00 (BN-10068222) to Eves Realty Limited As Agent For Aroha Tahau & Carl Axtens As Trustees Of The Cr Axtens & At Tahau Trust immediately.
This order incorporates the Tribunal order made on 01 May 2024 under application 4846747.

Reasons

The hearing was conducted by telephone / video conference. A representative of the landlord’s agent attended the hearing for the landlord. The tenant attended the hearing.
The landlord’s application records the landlord as “Eves Realty Limited”. However, having reviewed the tenancy agreement and the management agreement, I find the landlord is Eves Realty Limited As Agent For Aroha Tahau & Carl Axtens As Trustees Of The Cr Axtens & At Tahau Trust.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

The landlord provided rent records which prove that the tenant 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.
When the possibility of termination of the tenancy was raised during the hearing, the tenant asked for the termination date to be delayed as long as possible. I explained that termination date is usually immediate. The landlord’s agent agreed to extend the date to Thursday, 06 July 2026.

How much is owing in rent and outgoings?

The landlord has provided a rent ledger which states that as at 31 July 2026, the rent arrears are: $11,673.29.
The landlord has provided invoices and a ledger showing that the amount of water rates owing as at 31 July 2026 is: $1,472.16.
The landlord did take steps to recover the rent and water arrears. The parties attended mediation on 01 May 2024 and a Mediator’s Order was issued. At that time, the rent arrears were $3,391.43 and unpaid water rates were $343.00. The Mediator’s Order provides that the tenant would pay the current weekly rent and an additional $60.00 per week to go towards the debt.
From the rent ledger, I can see that the tenant did make efforts to comply with this Order. However, there were frequent breaches of the Order and by 06 August 2025, the rent arrears were $3,499.00 and the water rates were $908.64.
The agent says that the landlord did not apply for termination of the tenancy until 13 July 2026 because they were concerned that the premises would be vacant for a period before a new tenant was found.
The arrears claimed by the landlord are significant. Landlords have a duty to mitigate their losses. Section 49 of the Residential Tenancies Act 1986 (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. 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. In addition, the Mediator’s Order provided for termination of the tenancy if the tenant failed to comply with the Order. The Order states: Both parties understand that if any payment of current rent or rent arrears payment as outlined at order three is not made within two working days of the due date: a) The tenancy will end immediately; b) Vacant possession will be granted to Eves Realty Limited; c) Any remaining debt will be due and payable in full immediately; d) It would be fair and reasonable to terminate the tenancy in these circumstances.
The landlord could have terminated the tenancy under the Mediator’s Order when the first breach of the Order occurred. Given that the tenant was making efforts to comply with the Order, I consider it was reasonable of the landlord to continue the tenancy after the first breach of the Order.
However, by 06 August 2025, the rent arrears exceeded the amount owing in the Mediator’s Order. By that point, the landlord could have and should have either terminated the tenancy in accordance with the Order or applied to the Tribunal for a further termination order.
By late April 2025, the unpaid water rates had increased to $908.64. If the tenant was not in rent arrears, which she was, the landlord could have issued a 14-day notice to pay the water rates. If the tenant did not comply with that notice, the landlord could have applied to the Tribunal to terminate the tenancy. 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.
In my view, by failing to take action to terminate the tenancy prior to August 2025, the landlord has not acted reasonably to mitigate its losses. As a result, the landlord has incurred losses which would have been avoidable otherwise.
I have decided that rent and water arrears should be reduced to reflect the landlord’s failure to mitigate. Between 06 August 2025 and today’s date: a. The rent arrears increased by $8,174.29. I consider a reduction of one third of that amount: $2,724.76 to be reasonable in the circumstances. I have deducted this sum from the rent arrears of $11,673.29 and award $8,948.53 in rent arrears; b. The water arrears increased by $563.52. I consider a reduction of one third of that amount: $187.84 to be reasonable in the circumstances. I have deducted this sum from the water rates of $1,472.16 and award $1,284.32 in unpaid water rates.
The tenant says that she should not be liable for the full amount of the water rates because there was a leak which they had to fix. The landlord was able to show where the council had reimbursed charges for a leak. The tenant was referring to a different time. However, her recollection was poor, and I could not see from the evidence before me that there was a further leak she should have been compensated for. Filing fee:
The landlord has wholly succeeded with the claim. For this reason, I must order reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5540459 — net $8,281.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears up to and including 31 July 2026	$8,948.53	Rent arrears up to and including 31 July 2026
Water rates	$1,284.32	Water rates
Filing fee reimbursement	$29.00	Filing fee reimbursement
Net award	$8,281.85
Total payable by Tenant to Landlord	$8,281.85

Order

(As amended on 03 August 2026)

The tenancy of [The tenant/s] tenant/s] at 295B Dickson Road, Papamoa Beach, Papamoa 3118 is terminated, and possession is granted to Eves Realty Limited As Agent For Aroha Tahau & Carl Axtens As Trustees Of The Cr Axtens & At Tahau Trust, at 11:59pm on Thursday, 06 July August 2026.
[The tenant/s] tenant/s] must pay Eves Realty Limited As Agent For Aroha Tahau & Carl Axtens As Trustees Of The Cr Axtens & At Tahau Trust $8,281.85 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $1,980.00 (BN-10068222) to Eves Realty Limited As Agent For Aroha Tahau & Carl Axtens As Trustees Of The Cr Axtens & At Tahau Trust immediately.
This order incorporates the Tribunal order made on 01 May 2024 under application 4846747.

Reasons

The hearing was conducted by telephone / video conference. A representative of the landlord’s agent attended the hearing for the landlord. The tenant attended the hearing.
The landlord’s application records the landlord as “Eves Realty Limited”. However, having reviewed the tenancy agreement and the management agreement, I find the landlord is Eves Realty Limited As Agent For Aroha Tahau & Carl Axtens As Trustees Of The Cr Axtens & At Tahau Trust.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

The landlord provided rent records which prove that the tenant 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.
When the possibility of termination of the tenancy was raised during the hearing, the tenant asked for the termination date to be delayed as long as possible. I explained that termination date is usually immediate. The landlord’s agent agreed to extend the date to Thursday, 06 July 2026.

How much is owing in rent and outgoings?

The landlord has provided a rent ledger which states that as at 31 July 2026, the rent arrears are: $11,673.29.
The landlord has provided invoices and a ledger showing that the amount of water rates owing as at 31 July 2026 is: $1,472.16.
The landlord did take steps to recover the rent and water arrears. The parties attended mediation on 01 May 2024 and a Mediator’s Order was issued. At that time, the rent arrears were $3,391.43 and unpaid water rates were $343.00. The Mediator’s Order provides that the tenant would pay the current weekly rent and an additional $60.00 per week to go towards the debt.
From the rent ledger, I can see that the tenant did make efforts to comply with this Order. However, there were frequent breaches of the Order and by 06 August 2025, the rent arrears were $3,499.00 and the water rates were $908.64.
The agent says that the landlord did not apply for termination of the tenancy until 13 July 2026 because they were concerned that the premises would be vacant for a period before a new tenant was found.
The arrears claimed by the landlord are significant. Landlords have a duty to mitigate their losses. Section 49 of the Residential Tenancies Act 1986 (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. 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. In addition, the Mediator’s Order provided for termination of the tenancy if the tenant failed to comply with the Order. The Order states: Both parties understand that if any payment of current rent or rent arrears payment as outlined at order three is not made within two working days of the due date: a) The tenancy will end immediately; b) Vacant possession will be granted to Eves Realty Limited; c) Any remaining debt will be due and payable in full immediately; d) It would be fair and reasonable to terminate the tenancy in these circumstances.
The landlord could have terminated the tenancy under the Mediator’s Order when the first breach of the Order occurred. Given that the tenant was making efforts to comply with the Order, I consider it was reasonable of the landlord to continue the tenancy after the first breach of the Order.
However, by 06 August 2025, the rent arrears exceeded the amount owing in the Mediator’s Order. By that point, the landlord could have and should have either terminated the tenancy in accordance with the Order or applied to the Tribunal for a further termination order.
By late April 2025, the unpaid water rates had increased to $908.64. If the tenant was not in rent arrears, which she was, the landlord could have issued a 14-day notice to pay the water rates. If the tenant did not comply with that notice, the landlord could have applied to the Tribunal to terminate the tenancy. 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.
In my view, by failing to take action to terminate the tenancy prior to August 2025, the landlord has not acted reasonably to mitigate its losses. As a result, the landlord has incurred losses which would have been avoidable otherwise.
I have decided that rent and water arrears should be reduced to reflect the landlord’s failure to mitigate. Between 06 August 2025 and today’s date: a. The rent arrears increased by $8,174.29. I consider a reduction of one third of that amount: $2,724.76 to be reasonable in the circumstances. I have deducted this sum from the rent arrears of $11,673.29 and award $8,948.53 in rent arrears; b. The water arrears increased by $563.52. I consider a reduction of one third of that amount: $187.84 to be reasonable in the circumstances. I have deducted this sum from the water rates of $1,472.16 and award $1,284.32 in unpaid water rates.
The tenant says that she should not be liable for the full amount of the water rates because there was a leak which they had to fix. The landlord was able to show where the council had reimbursed charges for a leak. The tenant was referring to a different time. However, her recollection was poor, and I could not see from the evidence before me that there was a further leak she should have been compensated for. Filing fee:
The landlord has wholly succeeded with the claim. For this reason, I must order reimbursement of the filing fee.

Tenancy Tribunal case 5540459 — Rent arrears at 295B Dickson Road, Papamoa Beach, Papamoa 3118

At a glance

Tenancy Tribunal case 5540459 — Rent arrears at 295B Dickson Road, Papamoa Beach, Papamoa 3118

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owing in rent and outgoings?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owing in rent and outgoings?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.