Published tribunal order
Tenancy Tribunal case 4535070 — Rent arrears at 91 Selwyn Crescent, Forrest Hill, Auckland 0620
Decided 6 Nov 2023 · Published 6 Nov 2023 · Application 4535070
Landlord favoured
- Rent arrears
Order
- Jing Liu must pay Barfoot & Thompson Ltd Beach Haven As Agent For Gavin And Louise Shaw $501.76 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 29 January 2023$2,434.28 Break lease costs$805.00 Water rates$82.04 Filing fee reimbursement$20.44 Total award$3,341.76 Bond-$2,840.00 Total payable by Tenant to Landlord$501.76
Reasons
- Only the landlord attended the hearing. I am satisfied the application and hearing notices were served on the tenant, and hearing proceeded in her absence.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- At the end of the tenancy, the bond was refunded to the landlord, with the tenant’s consent. It is included in the table above for transparency, but no order for its return is required. Background
- The tenancy commenced on 14 September 2022, and was for a fixed term, scheduled to end on 14 July 2023.
- In late November or early December 2022, the tenant had to return to China for family reasons.
- She sought to be released from the tenancy. The landlord’s agreed to that on the basis that the costs of re-tenanting the property would be paid, and the tenant would pay rent until a new tenant could be found.
- A new tenancy commenced on 30 January 2023.
How much is owed for rent and water rates?
- The tenancy ended on 29 January 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
- I am satisfied the amounts ordered are proved. Break Lease Fee
- The tenancy was a fixed term tenancy. The tenant sought to end the fixed term early. The reason for this was disclosed to the landlord, and to the tribunal and I am satisfied that the tenant’s reasons for seeking the end the tenancy early were genuine and warranted termination of the tenancy.
- The landlord accepted the early termination of the tenancy. New tenants were found for the property, and the new tenancy commenced on 30 January 2023. The new rent is the same as that paid by the tenant.
- However, the landlord is seeking to recover the costs of re-advertising and re- tenanting the property.
- I am satisfied the amount sought is the actual and reasonable costs of re- tenanting the property early.
- I note that the ending of a fixed term early often causes loss to a landlord, and the tenant is generally liable for any loss caused by what is, essentially, a breach of contract by the tenant.
- This is reflected in section 66 of the Residential Tenancies Act 1986 which allows the Tribunal to reduce the term of a fixed term tenancy when certain criteria are met. Such an order is generally accompanied by an order that compensation for reasonable costs incurred as a result of the reduction in term.
- In the present case, had the tenant brought an application to reduce the fixed term for the reasons she did, I would almost certainly have granted the application. Such an application was not required because the landlord responsibly accepted a reduction in the fixed term without requiring an order from the Tribunal.
- I do not consider that the landlord should be disadvantaged by taking a reasonable approach.
- Accordingly, I consider the amount awarded is proved. Filing Fee
- Because Barfoot & Thompson Ltd Beach Haven As Agent For Gavin And Louise Shaw has wholly succeeded with the claim I must order reimbursement of the filing fee.