What was the outcome of Tenancy Tribunal case 5117410?

The tribunal order states: The tenancy of Richard Tai and Taylor Tai at 62 Swaffield Road, Papatoetoe,

How much money was awarded in case 5117410?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,304.00 awarded to landlord

What type of tenancy dispute was case 5117410?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5117410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11698737-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5117410?

The tribunal order states: The tenancy of Richard Tai and Taylor Tai at 62 Swaffield Road, Papatoetoe,

How much money was awarded in case 5117410?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,304.00 awarded to landlord

What type of tenancy dispute was case 5117410?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5117410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11698737-Tenancy_Tribunal_Order.pdf.

62 Swaffield Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5117410 — Rent arrears

Claims and awards in Tenancy Tribunal application 5117410 — net $3,731.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 February 2025	$6,304.00	Rent arrears to 19 February 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,731.00
Total payable by Tenant to Landlord	$3,731.00

Order

The tenancy of Richard Tai and Taylor Tai at 62 Swaffield Road, Papatoetoe, Auckland 2025 is terminated, and possession is granted to Fair Rentals Limited, at 11.59pm on Wednesday 9 April 2025.
The Bond Centre is to pay the bond of $2,600.00 (3338775-004) to Fair Rentals Limited immediately.
Richard Tai and Taylor Tai must pay Fair Rentals Limited $3,731.00 immediately, calculated as shown in the table below:

Reasons

Mr Singh for the landlord attended the hearing. The tenants were called on the phone numbers in the application form but did not answer. The tenants did not attend by video. I am satisfied that the tenants were made aware of the hearing and have proceeded in their absence.
This application was filed on the 20 December 2024, the tenants were at that stage in rent arrears of $1104.00. The tenants had stopped paying rent on the 25 September 2024. As the tenants had a significant rent credit when they stopped paying rent, the tenants did not get into rent arrears until the 12 December 2024.
In the application the landlord applied for termination under s56 RTA. That provision allows termination if the landlord has issued a 14 day notice that is unremedied and it would be just and equitable to grant termination.
I am satisfied that the tenants have not remedied the breach notice for rent arrears given to them on the 17 December 2024 and it would be just and equitable to terminate the tenancy because the tenants have not paid any rent since the notice was issued and are more than 21 days in rent arrears.
The tenants have left the property. It is not known when the tenants left the property. The landlord conducted an inspection on or about the 9 March 2025 and found the property abandoned.

How much does the tenant owe?

The landlord seeks rent until the hearing date.
A claimant must take all reasonable steps to minimise the loss arising from the breach and cannot recover damages for losses that could have been avoided. British Westinghouse Electric & Manufacturing Co Ltd v Underground Electric Railway Co of London Ltd [1912] AC 673.
The District Court has previously held that when a landlord must act within a reasonable timeframe when arrears accumulate, and that ongoing inaction can be seen as a failure to mitigate their loss. Huang v Ashworth [2024] NZDC 15726:
The question that I need to determine is whether this landlord acted within a reasonable time frame and took reasonable steps to mitigate their loss?
The landlord submits that the steps it took were reasonable, because having filed the application for termination the landlord had to wait until the Tribunal hearing. The landlord says that any delay is because of delays in obtaining a hearing within the Tribunal rather than a failure of the landlord to act. The landlord also says that the tenants did not attend mediation and have failed to answer telephone calls and emails.
Having carefully considered all the evidence, I have only awarded rent arrears to the 19 February 2024. I do not consider that the landlord took all reasonable steps to mitigate their loss, I say this for the following reasons: a. An application to the Tribunal does not prevent the landlord from inspecting the property, issuing further breach notices or trying to make contact with the tenants. b. I consider that reasonable steps would have been for the property manager to visit the property on or around the 31 December when the 14 day notice expired, or to go to the property soon after to ascertain if the tenants were still there after that time. c. I have taken into account the holiday period. At the very least, I consider that a prudent property acting reasonably would have gone to the property before the mediation. d. Whilst the landlord says that property managers visited the premises, there is no documentary evidence that supports that and I did not hear from the property managers who conducted those visits today. e. After the tenant did not attend mediation, the landlord should have made it their priority to go to the property and check if the tenants were still in the property. f. At the very least when the landlord conducted the inspection on the 9 March (which I consider too long after the tenants stopped paying rent- at this stage it was almost six months since the tenants had last paid rent) the landlord should have updated the application to ask for abandonment. Had the landlord done so, then this application could have been considered quickly (on the papers) if the landlord had applied for expediated abandonment.
I have allowed rent to 19 February, taking into account the holiday period and the mediation on the 5 February, I consider that the landlord should have ascertained by that stage if the tenants were living in the property or not.
I have taken the amount owing from the landlord’s rent statement.
Because Fair Rentals Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5117410 — net $3,731.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 February 2025	$6,304.00	Rent arrears to 19 February 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,731.00
Total payable by Tenant to Landlord	$3,731.00

Order

The tenancy of Richard Tai and Taylor Tai at 62 Swaffield Road, Papatoetoe, Auckland 2025 is terminated, and possession is granted to Fair Rentals Limited, at 11.59pm on Wednesday 9 April 2025.
The Bond Centre is to pay the bond of $2,600.00 (3338775-004) to Fair Rentals Limited immediately.
Richard Tai and Taylor Tai must pay Fair Rentals Limited $3,731.00 immediately, calculated as shown in the table below:

Reasons

Mr Singh for the landlord attended the hearing. The tenants were called on the phone numbers in the application form but did not answer. The tenants did not attend by video. I am satisfied that the tenants were made aware of the hearing and have proceeded in their absence.
This application was filed on the 20 December 2024, the tenants were at that stage in rent arrears of $1104.00. The tenants had stopped paying rent on the 25 September 2024. As the tenants had a significant rent credit when they stopped paying rent, the tenants did not get into rent arrears until the 12 December 2024.
In the application the landlord applied for termination under s56 RTA. That provision allows termination if the landlord has issued a 14 day notice that is unremedied and it would be just and equitable to grant termination.
I am satisfied that the tenants have not remedied the breach notice for rent arrears given to them on the 17 December 2024 and it would be just and equitable to terminate the tenancy because the tenants have not paid any rent since the notice was issued and are more than 21 days in rent arrears.
The tenants have left the property. It is not known when the tenants left the property. The landlord conducted an inspection on or about the 9 March 2025 and found the property abandoned.

How much does the tenant owe?

The landlord seeks rent until the hearing date.
A claimant must take all reasonable steps to minimise the loss arising from the breach and cannot recover damages for losses that could have been avoided. British Westinghouse Electric & Manufacturing Co Ltd v Underground Electric Railway Co of London Ltd [1912] AC 673.
The District Court has previously held that when a landlord must act within a reasonable timeframe when arrears accumulate, and that ongoing inaction can be seen as a failure to mitigate their loss. Huang v Ashworth [2024] NZDC 15726:
The question that I need to determine is whether this landlord acted within a reasonable time frame and took reasonable steps to mitigate their loss?
The landlord submits that the steps it took were reasonable, because having filed the application for termination the landlord had to wait until the Tribunal hearing. The landlord says that any delay is because of delays in obtaining a hearing within the Tribunal rather than a failure of the landlord to act. The landlord also says that the tenants did not attend mediation and have failed to answer telephone calls and emails.
Having carefully considered all the evidence, I have only awarded rent arrears to the 19 February 2024. I do not consider that the landlord took all reasonable steps to mitigate their loss, I say this for the following reasons: a. An application to the Tribunal does not prevent the landlord from inspecting the property, issuing further breach notices or trying to make contact with the tenants. b. I consider that reasonable steps would have been for the property manager to visit the property on or around the 31 December when the 14 day notice expired, or to go to the property soon after to ascertain if the tenants were still there after that time. c. I have taken into account the holiday period. At the very least, I consider that a prudent property acting reasonably would have gone to the property before the mediation. d. Whilst the landlord says that property managers visited the premises, there is no documentary evidence that supports that and I did not hear from the property managers who conducted those visits today. e. After the tenant did not attend mediation, the landlord should have made it their priority to go to the property and check if the tenants were still in the property. f. At the very least when the landlord conducted the inspection on the 9 March (which I consider too long after the tenants stopped paying rent- at this stage it was almost six months since the tenants had last paid rent) the landlord should have updated the application to ask for abandonment. Had the landlord done so, then this application could have been considered quickly (on the papers) if the landlord had applied for expediated abandonment.
I have allowed rent to 19 February, taking into account the holiday period and the mediation on the 5 February, I consider that the landlord should have ascertained by that stage if the tenants were living in the property or not.
I have taken the amount owing from the landlord’s rent statement.
Because Fair Rentals Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5117410 — Rent arrears at 62 Swaffield Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 5117410 — Rent arrears at 62 Swaffield Road, Papatoetoe, Auckland 2025

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions