What was the outcome of Tenancy Tribunal case 4617069?

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

How much money was awarded in case 4617069?

Filing Fee: $20.44 awarded to landlord; Rent Owed: $1,248.00 awarded to landlord

What type of tenancy dispute was case 4617069?

The dispute type was not classified.

Where can I read the official tribunal order for case 4617069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9260457-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4617069?

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

How much money was awarded in case 4617069?

Filing Fee: $20.44 awarded to landlord; Rent Owed: $1,248.00 awarded to landlord

What type of tenancy dispute was case 4617069?

The dispute type was not classified.

Where can I read the official tribunal order for case 4617069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9260457-Tenancy_Tribunal_Order.pdf.

Unit/Flat 103, 4 Beaumonts Way, Manurewa, Auckland Tenancy Tribunal Case 4617069 — Tenancy dispute

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Unit/Flat 103, 4 Beaumonts Way, Manurewa, Auckland Tenancy Tribunal Case 4617069 — 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 4617069 — net $956.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 4 August 2023	$1,248.00	Rent owed to 4 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$956.44
Total payable by Tenant to Landlord	$956.44

Claims and awards for application 4617069 — net $956.44 NZD. Verify on MoJ.

Rent owed to 4 August 2023

Amount: $1,248.00
Awarded to: Landlord
Reason: Rent owed to 4 August 2023

Filing fee reimbursement

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

Net award

Landlord $956.44

Total payable by Tenant to Landlord

Landlord $956.44

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 April Aspen at Unit/Flat 103, 4 Beaumonts Way, Manurewa, Auckland 2102 is terminated, and possession is granted to The Salvation Army New Zealand Trust, at 11.59pm on Friday 4 August 2023.
The Bond Centre is to pay the bond of $312.00 (6481463-003) to The Salvation Army New Zealand Trust immediately.
April Aspen must pay The Salvation Army New Zealand Trust $956.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant was telephoned and she did not answer the call. She was properly notified about the hearing.
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 landlord’s original claim was for rent arrears of $1593.44. 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 to end the tenancy, but by that time the tenant was 16 weeks behind in rent. As I noted during the hearing, the Tribunal would usually see a landlord having applied for orders within say three months.
The landlord submitted that there were delays dealing with MSD and it wanted to support the tenant. I accept that dealing with MSD is slow. However, this tenant only paid her initial two weeks of rent during the whole tenancy. In the circumstances, I consider the landlord has not mitigated its loss. I will only allow rent arrears for 16 weeks, which is the three months a prudent landlord usually takes to file an application, plus a month because of the delays with MSD.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

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 4617069 — net $956.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 4 August 2023	$1,248.00	Rent owed to 4 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$956.44
Total payable by Tenant to Landlord	$956.44

Claims and awards for application 4617069 — net $956.44 NZD. Verify on MoJ.

Rent owed to 4 August 2023

Amount: $1,248.00
Awarded to: Landlord
Reason: Rent owed to 4 August 2023

Filing fee reimbursement

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

Net award

Landlord $956.44

Total payable by Tenant to Landlord

Landlord $956.44

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 April Aspen at Unit/Flat 103, 4 Beaumonts Way, Manurewa, Auckland 2102 is terminated, and possession is granted to The Salvation Army New Zealand Trust, at 11.59pm on Friday 4 August 2023.
The Bond Centre is to pay the bond of $312.00 (6481463-003) to The Salvation Army New Zealand Trust immediately.
April Aspen must pay The Salvation Army New Zealand Trust $956.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant was telephoned and she did not answer the call. She was properly notified about the hearing.
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 landlord’s original claim was for rent arrears of $1593.44. 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 to end the tenancy, but by that time the tenant was 16 weeks behind in rent. As I noted during the hearing, the Tribunal would usually see a landlord having applied for orders within say three months.
The landlord submitted that there were delays dealing with MSD and it wanted to support the tenant. I accept that dealing with MSD is slow. However, this tenant only paid her initial two weeks of rent during the whole tenancy. In the circumstances, I consider the landlord has not mitigated its loss. I will only allow rent arrears for 16 weeks, which is the three months a prudent landlord usually takes to file an application, plus a month because of the delays with MSD.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4617069 — Tenancy dispute at Unit/Flat 103, 4 Beaumonts Way, Manurewa, Auckland

At a glance

Tenancy Tribunal case 4617069 — Tenancy dispute at Unit/Flat 103, 4 Beaumonts Way, Manurewa, Auckland

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