Published tribunal order
Tenancy Tribunal case 5208052 — Tenancy dispute at Unit/Flat 19B, 34 Kingston Street, Auckland Central,
Decided 19 May 2025 · Published 19 May 2025 · Application 5208052
Landlord favoured
- Rent arrears
Order
- Te Aroha Wilson must pay S K Group Limited trading as A J Stevenson $6,097.01 immediately, as calculated in the table below:
- The Bond Centre is to pay the bond of $1,240.00 (5466813-017) to S K Group Limited trading as A J Stevenson immediately.
Reasons
- Mr Wu represented the landlord. The tenant did not attend the hearing. I conducted the hearing by phone. The registrar’s call to the tenant went to voice mail.
- The tenant abandoned the tenancy without notice.
- The tenancy was a periodic tenancy. The landlord first became aware that the tenant had abandoned when he did an inspection during the last week of April 2025.
- The landlord has taken possession and a new tenancy started on 2 May 2025.
- Termination and possession orders are no longer sought.
- The tenant last paid rent on 30 October 2024.
- Mr Wu said the tenancy ‘got lost in the system’ and the property manager was too lenient.
- A landlord has a duty to mitigate loss by applying to terminate a tenancy for rent arrears promptly.
- Here, the landlord delayed causing a loss that otherwise would not have arisen.
- I have therefore reduced the amount of rent arrears by $3,000.00 to take into account the landlord’s duty to mitigate.
- I have awarded the landlord the filing fee as the application is successful.