Published tribunal order
Tenancy Tribunal case 5221411 — Rent arrears at Unit/Flat Upstairs, 11A Fifeshire Street, Belmont, Auckland
Decided 30 Jul 2025 · Published 30 Jul 2025 · Application 5221411
Mixed / unclear
- Rent arrears
Order
- James Daniel Hinds must pay Ease Property Management Limited As Agent For Qian Duo Duo Family Trust Ltd $46,498.58 immediately, being rent arrears of $48, 698.58 less the bond of $2,200.00.
- The Bond Centre is to pay the bond of $2,200.00 (6222826-002) to Ease Property Management Limited As Agent For Qian Duo Duo Family Trust Ltd immediately.
Reasons
- Both parties attended the hearing, conducted via video conference.
- The tenancy has ended (28 March 2025) and the landlord seeks rent arrears as at that date.
- The landlord provided an updated rent summary. The tenant accepted the rent summary as tabled.
- The tenant responded and explained more of the curious payment history evidenced.
- There appears to be some personal relationship between the owner and the tenant. The tenant has also experienced some extended medical challenges during the tenancy.
- A feature of the rent summary were extended periods of non-payment and then a significant lump sum payment. The largest lump sum was $30,000 paid in October 2023.
- The tenant accepts the rent is owed and is committed to paying it. He mentioned some previous non-compensated work performed by him for the owner. He was advised to either raise an appropriate claim with this Tribunal or conclude the previous discussions with the owner regarding any compensation.
- I considered the landlord’s duty to mitigate (see section 49 Residential Tenancies Act 1986). The significant rent arrears accruing could have been ended early by an appropriate landlord application for termination, before the tenant actually ended the tenancy.
- Having considered the submissions and circumstances in this tenancy I do not amend the rent arrears for any failure to mitigate. I would hope the flexibility extended to the tenant during the tenancy continues with a suitable arrangement for payment of the debt.
- The landlord declined any order for the return of the application filing fee.