What was the outcome of Tenancy Tribunal case 4593192?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4593192?

Filing Fee: $20.44 awarded to landlord; Rent From 4 March - 19 July 2023: $5,055.72 awarded to landlord

What type of tenancy dispute was case 4593192?

The dispute type was not classified.

Where can I read the official tribunal order for case 4593192?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9187067-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4593192?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4593192?

Filing Fee: $20.44 awarded to landlord; Rent From 4 March - 19 July 2023: $5,055.72 awarded to landlord

What type of tenancy dispute was case 4593192?

The dispute type was not classified.

Where can I read the official tribunal order for case 4593192?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9187067-Tribunal_Order.pdf.

6 Ross Crescent, Fairfield, Hamilton 3214 Tenancy Tribunal Case 4593192 — Tenancy dispute

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6 Ross Crescent, Fairfield, Hamilton 3214 Tenancy Tribunal Case 4593192 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4593192 — net $5,076.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent from 4 March - 19 July 2023	$5,055.72	Rent from 4 March - 19 July 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,076.16
Total payable by Tenant to Landlord	$5,076.16

Claims and awards for application 4593192 — net $5,076.16 NZD. Verify on MoJ.

Rent from 4 March - 19 July 2023

Amount: $5,055.72
Awarded to: Landlord
Reason: Rent from 4 March - 19 July 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $5,076.16

Total payable by Tenant to Landlord

Landlord $5,076.16

Claim types — money lines allowed on this order

Filing Fee

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Karena Te Waitiehu Ihapera Terry at 6 Ross Crescent, Fairfield, Hamilton 3214 is terminated, and possession is granted to Spiritual Assembly Of The Baha'is Of Hamilton City, at 11.59 pm Wednesday 19 July 2023.
Karena Te Waitiehu Ihapera Terry must pay Spiritual Assembly Of The Baha'is Of Hamilton City $5,076.16 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant was telephoned and she did not answer the calls. The tenant was properly served and the hearing went ahead.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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 (RTA).
The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlords original claim was for rent arrears of $11,115.72. As discussed at the hearing, the RTA requires that a party mitigate their loss, which means in short that that they must take actions to limit any loss from a breach of the other party. When rent arrears occur, a reasonable landlord will mitigate that loss by applying to the Tenancy Tribunal for appropriate orders.
In this case the landlord did apply to the Tribunal, but by that time the tenant was behind in her rent by 18 weeks. As I noted during the hearing, the Tribunal would usually see a landlord having applied for orders within say three months.
In the circumstances, I consider the landlord has not mitigated its loss, so I will only consider rent arrears for the last three months prior to the application being filed, which are $5,055.72.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
I cannot find any record of the bond being lodged. The landlord will need to follow up with the Bond Centre to make enquiries about the bond.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4593192 — net $5,076.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent from 4 March - 19 July 2023	$5,055.72	Rent from 4 March - 19 July 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,076.16
Total payable by Tenant to Landlord	$5,076.16

Claims and awards for application 4593192 — net $5,076.16 NZD. Verify on MoJ.

Rent from 4 March - 19 July 2023

Amount: $5,055.72
Awarded to: Landlord
Reason: Rent from 4 March - 19 July 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $5,076.16

Total payable by Tenant to Landlord

Landlord $5,076.16

Claim types — money lines allowed on this order

Filing Fee

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Karena Te Waitiehu Ihapera Terry at 6 Ross Crescent, Fairfield, Hamilton 3214 is terminated, and possession is granted to Spiritual Assembly Of The Baha'is Of Hamilton City, at 11.59 pm Wednesday 19 July 2023.
Karena Te Waitiehu Ihapera Terry must pay Spiritual Assembly Of The Baha'is Of Hamilton City $5,076.16 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant was telephoned and she did not answer the calls. The tenant was properly served and the hearing went ahead.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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 (RTA).
The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlords original claim was for rent arrears of $11,115.72. As discussed at the hearing, the RTA requires that a party mitigate their loss, which means in short that that they must take actions to limit any loss from a breach of the other party. When rent arrears occur, a reasonable landlord will mitigate that loss by applying to the Tenancy Tribunal for appropriate orders.
In this case the landlord did apply to the Tribunal, but by that time the tenant was behind in her rent by 18 weeks. As I noted during the hearing, the Tribunal would usually see a landlord having applied for orders within say three months.
In the circumstances, I consider the landlord has not mitigated its loss, so I will only consider rent arrears for the last three months prior to the application being filed, which are $5,055.72.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
I cannot find any record of the bond being lodged. The landlord will need to follow up with the Bond Centre to make enquiries about the bond.

Tenancy Tribunal case 4593192 — Tenancy dispute at 6 Ross Crescent, Fairfield, Hamilton 3214

At a glance

Tenancy Tribunal case 4593192 — Tenancy dispute at 6 Ross Crescent, Fairfield, Hamilton 3214

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions