How much money was awarded in case 4480091?

Compensation: $416.64 awarded to landlord; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4480091?

The dispute type was not classified.

Where can I read the official tribunal order for case 4480091?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8737803-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4480091?

Compensation: $416.64 awarded to landlord; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4480091?

The dispute type was not classified.

Where can I read the official tribunal order for case 4480091?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8737803-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4480091 — Tenancy dispute

Q: What was Tenancy Tribunal case 4480091 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4480091 — net $396.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation for Early Termination	$416.64		Compensation for Early Termination
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$416.64	$20.44
Net award	$396.20
Bond	$1,996.00
Total payable by Tenant to Landlord	$396.20

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

[The tenant/s] must pay Inspire Property Limited $396.20 from the bond as shown in the table below.

The Bond Centre is to pay the bond of $1,996.00 ([Bond number suppressed]) immediately apportioned as follows: Inspire Real Estate Limited $396.20 [The tenant/s]: $1,599.80

Reasons

Both parties attended the hearing.

The tenants applied for refund of the bond following the end of the tenancy.

The landlord claimed compensation of $1,077.93 for early termination of a fixed term tenancy, as follows: a. “Lease Break Fee”$573.85 b. Credit & Background Checks $36.80 c. Advertising $133.84 d. Inspection Fee $46.00 e. Meth Testing $287.44

The tenants accepted the items listed at 3b to 3d above. Those items total $216.64. The tenants disputed the lease break fee and the methamphetamine testing.

A landlord is entitled to recover any reasonable expenses incurred in respect of the early termination. A landlord must provide an itemised account to the tenant before seeking reimbursement. See section 44A Residential Tenancies Act 1986 (RTA).

The landlord provided the tenants with an estimate of fees which may be charged for early termination of the tenancy. That estimate referred to methamphetamine testing and a “lett fee” of $499 (+ GST). The parties then agreed to early termination the fixed term tenancy.

At the end of the tenancy, the landlord sent the tenants a blank bond refund form and asked them to sign it. The costs of the early termination had not been finalised at that point and the landlord asked whether the tenants wanted to know what those costs were before the bond refund form was submitted.

The tenants replied asking for a breakdown of the costs. The landlord responded that the costs were set out in the estimate provided on 1 December 2022.

The tenants acknowledged that a landlord may claim reasonable costs associated with re-tenanting the property but queried the methamphetamine testing and the letting fee. At this point, the landlord had not provided a full breakdown of costs incurred or supporting information.

The landlord’s description of the $499 + GST ($573.85) fee as a “lett fee” caused some dispute between the parties. The tenants claim that the landlord cannot charge a “letting fee”. See s17A RTA. The landlord said that the reference to a “lett fee” was a typographical error and it is a break lease fee.

Section 17A RTA also states that the prohibition on charging a letting fee does not limit the landlord’s ability to recover reasonable expenses of early termination under s44A RTA.

The description of the fee is not relevant. The issue is, has the landlord has established that the fee represents costs reasonably incurred in relation to the early termination of the tenancy?

It is apparent that a flat fee has been applied. There is no breakdown of the time or cost incurred in relation to the early termination. There is no evidence confirming the amount charged to the property owner.

The evidence establishes that the property manager carried out one viewing and screened and reference checked two applications. The invoice submitted by the landlord does not include any breakdown of the time or cost associated with those tasks. In contrast, a cost of $46 was incurred for a final inspection. Having regard to that amount, I award the landlord $200.00 for the viewing and reference checking tasks recorded by the landlord.

I dismiss the application for methamphetamine testing. The landlord did not establish that this was a cost incurred in respect of early termination.

As the tenants accepted some of the charges and were substantially successful in defending the other amounts claimed by the landlord, I award the tenants reimbursement of the filing fee paid on their application. I also grant their request for suppression of their details.

Claims and awards in Tenancy Tribunal application 4480091 — net $396.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation for Early Termination	$416.64		Compensation for Early Termination
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$416.64	$20.44
Net award	$396.20
Bond	$1,996.00
Total payable by Tenant to Landlord	$396.20

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
[The tenant/s] must pay Inspire Property Limited $396.20 from the bond as shown in the table below.
The Bond Centre is to pay the bond of $1,996.00 ([Bond number suppressed]) immediately apportioned as follows: Inspire Real Estate Limited $396.20 [The tenant/s]: $1,599.80

Reasons

Both parties attended the hearing.
The tenants applied for refund of the bond following the end of the tenancy.
The landlord claimed compensation of $1,077.93 for early termination of a fixed term tenancy, as follows: a. “Lease Break Fee”$573.85 b. Credit & Background Checks $36.80 c. Advertising $133.84 d. Inspection Fee $46.00 e. Meth Testing $287.44
The tenants accepted the items listed at 3b to 3d above. Those items total $216.64. The tenants disputed the lease break fee and the methamphetamine testing.
A landlord is entitled to recover any reasonable expenses incurred in respect of the early termination. A landlord must provide an itemised account to the tenant before seeking reimbursement. See section 44A Residential Tenancies Act 1986 (RTA).
The landlord provided the tenants with an estimate of fees which may be charged for early termination of the tenancy. That estimate referred to methamphetamine testing and a “lett fee” of $499 (+ GST). The parties then agreed to early termination the fixed term tenancy.
At the end of the tenancy, the landlord sent the tenants a blank bond refund form and asked them to sign it. The costs of the early termination had not been finalised at that point and the landlord asked whether the tenants wanted to know what those costs were before the bond refund form was submitted.
The tenants replied asking for a breakdown of the costs. The landlord responded that the costs were set out in the estimate provided on 1 December 2022.
The tenants acknowledged that a landlord may claim reasonable costs associated with re-tenanting the property but queried the methamphetamine testing and the letting fee. At this point, the landlord had not provided a full breakdown of costs incurred or supporting information.
The landlord’s description of the $499 + GST ($573.85) fee as a “lett fee” caused some dispute between the parties. The tenants claim that the landlord cannot charge a “letting fee”. See s17A RTA. The landlord said that the reference to a “lett fee” was a typographical error and it is a break lease fee.
Section 17A RTA also states that the prohibition on charging a letting fee does not limit the landlord’s ability to recover reasonable expenses of early termination under s44A RTA.
The description of the fee is not relevant. The issue is, has the landlord has established that the fee represents costs reasonably incurred in relation to the early termination of the tenancy?
It is apparent that a flat fee has been applied. There is no breakdown of the time or cost incurred in relation to the early termination. There is no evidence confirming the amount charged to the property owner.
The evidence establishes that the property manager carried out one viewing and screened and reference checked two applications. The invoice submitted by the landlord does not include any breakdown of the time or cost associated with those tasks. In contrast, a cost of $46 was incurred for a final inspection. Having regard to that amount, I award the landlord $200.00 for the viewing and reference checking tasks recorded by the landlord.
I dismiss the application for methamphetamine testing. The landlord did not establish that this was a cost incurred in respect of early termination.
As the tenants accepted some of the charges and were substantially successful in defending the other amounts claimed by the landlord, I award the tenants reimbursement of the filing fee paid on their application. I also grant their request for suppression of their details.

Tenancy Tribunal case 4480091 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 4480091 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions