What was the outcome of Tenancy Tribunal case 4854728?

The tribunal order states: Neel Devi must pay Jane Wang $8,820.44 immediately, being rent arrears to 22

How much money was awarded in case 4854728?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $8,800.00 awarded to landlord

What type of tenancy dispute was case 4854728?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4854728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10739667-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4854728?

The tribunal order states: Neel Devi must pay Jane Wang $8,820.44 immediately, being rent arrears to 22

How much money was awarded in case 4854728?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $8,800.00 awarded to landlord

What type of tenancy dispute was case 4854728?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4854728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10739667-Tenancy_Tribunal_Order.pdf.

41 Ashgrove Road, Mangere, Auckland 2022 Tenancy Tribunal Case 4854728 — Rent arrears

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41 Ashgrove Road, Mangere, Auckland 2022 Tenancy Tribunal Case 4854728 — Rent arrears | 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 4854728 — net $8,820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,800.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,820.44
Total payable by Tenant to Landlord	$8,820.44

Claims and awards for application 4854728 — net $8,820.44 NZD. Verify on MoJ.

Rent arrears

Amount: $8,800.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Net award

Landlord $8,820.44

Total payable by Tenant to Landlord

Landlord $8,820.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Neel Devi must pay Jane Wang $8,820.44 immediately, being rent arrears to 22 August 2024.

Reasons

Both parties attended the hearing. The landlord’s representative, Kitty Liu, attended by telephone. The tenant attended by video.
The landlord has applied for rent arrears.
The landlord provided rent records which prove the amount owing at the date of hearing. The landlord’s claim was for rent arrears of $17,600.00.
As discussed at the hearing, the Residential Tenancies Act 1986 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.
I refer to section 49 of the Residential Tenancies Act 1986 which states, 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.
In this case the landlord did not apply to the Tribunal until the rent was months behind. The tenant had been in arrears since June 2023. She was more than 21 days in rent arrears consistently from 8 October 2023. The landlord did not apply to the Tribunal until 7 April 2024 some six months later.
The landlord said that they had tried to negotiate with the tenant, and she had made some payments but from October 2023 the rent arrears only increased with the tenant not paying any rent for many weeks and smaller amounts in between. It was not until the landlord filed the application in the Tribunal that the tenant made regular payments, but by that stage the rent arrears totalled $15,000.00.
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 from 7 January 2024, which is the three months a prudent landlord usually takes to file an application, plus the time taken to schedule a hearing.
At the hearing the landlord sought termination, but no application was filed for a termination order.
The tenant advised that she wished to move out of the tenancy and said that she would do so by Thursday 5 September 2024. As the landlord has not filed an application for termination, I am unable to make that order. If the tenant does not move out on this date, the landlord may file an application seeking termination.
Because Jane Wang has wholly succeeded with the claim I must reimburse 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 4854728 — net $8,820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,800.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,820.44
Total payable by Tenant to Landlord	$8,820.44

Claims and awards for application 4854728 — net $8,820.44 NZD. Verify on MoJ.

Rent arrears

Amount: $8,800.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Net award

Landlord $8,820.44

Total payable by Tenant to Landlord

Landlord $8,820.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Neel Devi must pay Jane Wang $8,820.44 immediately, being rent arrears to 22 August 2024.

Reasons

Both parties attended the hearing. The landlord’s representative, Kitty Liu, attended by telephone. The tenant attended by video.
The landlord has applied for rent arrears.
The landlord provided rent records which prove the amount owing at the date of hearing. The landlord’s claim was for rent arrears of $17,600.00.
As discussed at the hearing, the Residential Tenancies Act 1986 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.
I refer to section 49 of the Residential Tenancies Act 1986 which states, 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.
In this case the landlord did not apply to the Tribunal until the rent was months behind. The tenant had been in arrears since June 2023. She was more than 21 days in rent arrears consistently from 8 October 2023. The landlord did not apply to the Tribunal until 7 April 2024 some six months later.
The landlord said that they had tried to negotiate with the tenant, and she had made some payments but from October 2023 the rent arrears only increased with the tenant not paying any rent for many weeks and smaller amounts in between. It was not until the landlord filed the application in the Tribunal that the tenant made regular payments, but by that stage the rent arrears totalled $15,000.00.
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 from 7 January 2024, which is the three months a prudent landlord usually takes to file an application, plus the time taken to schedule a hearing.
At the hearing the landlord sought termination, but no application was filed for a termination order.
The tenant advised that she wished to move out of the tenancy and said that she would do so by Thursday 5 September 2024. As the landlord has not filed an application for termination, I am unable to make that order. If the tenant does not move out on this date, the landlord may file an application seeking termination.
Because Jane Wang has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4854728 — Rent arrears at 41 Ashgrove Road, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 4854728 — Rent arrears at 41 Ashgrove Road, Mangere, Auckland 2022

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