What was Tenancy Tribunal case 4584729 about?

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

How much money was awarded in case 4584729?

Filing Fee: $20.44 awarded to landlord; Water Rates: $354.24 awarded to landlord

What type of tenancy dispute was case 4584729?

The dispute type was not classified.

Where can I read the official tribunal order for case 4584729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9178259-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4584729 about?

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

How much money was awarded in case 4584729?

Filing Fee: $20.44 awarded to landlord; Water Rates: $354.24 awarded to landlord

What type of tenancy dispute was case 4584729?

The dispute type was not classified.

Where can I read the official tribunal order for case 4584729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9178259-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4584729 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4584729 — net $374.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$354.24	Water rates
Filing fee reimbursement	$20.44	36. The landlord has been partially successful in its application and I will award the landlord the filing fee of $20.44.
Net award	$374.68
Bond	$374.68
Total payable by Tenant to Landlord	$374.68

Claims and awards in Tenancy Tribunal application 4584729 — net $374.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$354.24	Water rates
Filing fee reimbursement	$20.44	36. The landlord has been partially successful in its application and I will award the landlord the filing fee of $20.44.
Net award	$374.68
Bond	$374.68
Total payable by Tenant to Landlord	$374.68

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
By consent, I-Rentals Ltd (as agent for Dennis Langman & Janis Langman) is granted possession of the premises at [Tenancy address suppressed] immediately.
The Bond Centre is to pay I-Rentals Ltd $374.68 from the bond of (), calculated per the table below:

Reasons

Background

The landlord’s application seeks rent arrears, water rates arrears, and an order for possession.
The tenant’s application asks the landlord to provide a reference.
The hearing took place in [Redacted] on 12 July. Both parties attended the hearing. Ms Raymond represented the landlord.
The applications were filed in late May.
At the hearing, [The tenant/s] confirmed that she has vacated the property. She submitted that she left on or around 16 May 2023. She has returned on occasion to retrieve belongings and to clean. She still has the keys, but she is willing to return them.
[The tenant/s] and Ms Raymond agreed that the keys would be returned to I- Rental’s office tomorrow, 13 July 2023. Rent arrears
The landlord seeks rent arrears to the date of hearing, totalling almost $5,000.00. The last rent payment was made on 23 May 2023.
[The tenant/s] submitted that she left the property because I-Rentals gave her notice that the tenancy would terminate on 16 May.
I was provided with a copy of the termination notice. The copy that I have is not dated. The notice states: This letter serves as notice that the Tenancy at the above address will expire on 16 May 2023 and will not be continued past this date. Under section 51 of the Residential Tenancy Act 1986 [sic] and the Residential Tenancies Amendment Act 2020 we are required to give you notice between 90 days and 21 days of the Fixed Term Expiry date.
After receiving the notice, [The tenant/s] questioned whether I-Rentals was entitled to terminate the tenancy in this manner, but I-Rentals maintained their view that the notice was valid.
A tenant’s obligation to pay rent ends when a tenancy terminates, but if the tenant remains in possession after the date of termination, their obligations under the tenancy agreement (including the obligation to pay rent) continue 1 .
Tenancy law changed in February 2021.
Before February 2021, when a fixed term tenancy came to an end it would continue as a periodic tenancy unless either the landlord or tenant gave notice to end the tenancy at the expiry of the fixed term. 1 Section 60(1) Residential Tenancies Act 1986 (“RTA”)
The landlord could give notice in writing during the “effective period” 2 , and the landlord did not have to give a reason for termination.
After February 2021, the landlord’s power to terminate a tenancy “without cause” was removed. Landlords may now only terminate tenancies by notice in certain circumstances 3 .
These new provisions apply to ending a tenancy at the expiry of the fixed term. Landlords can give notice to end a tenancy at the expiry of the fixed term, but only on certain specific grounds, for instance, if they are selling property, or if they or a member or the family need the property as a place of residence.
For fixed term tenancies that began before February 2021, the “old rules” still applied. The landlord could end the tenancy by giving notice during the effective period, without having to give a reason for termination.
I-Rentals gave notice relying on this provision. I-Rentals argue that [The tenant/s] fixed term tenancy began before February 2021.
My finding is that this argument is not tenable having regard to the tenancy agreements provided to me.
I was provided with three tenancy agreements and an agreement to extend a fixed term tenancy. The three agreements record fixed term tenancies for the following periods: a. 6 May 2019 to 6 May 2020, b. 6 May 2020 to 11 May 2021, c. 12 May 2021 to 16 May 2022.
The extension agreement records a new end date of 1 May 2023.
There have been three tenancies.
The first tenancy ended on 6 May 2020.
The second tenancy ended on 11 May 2021.
Both of those tenancies were between I-Rentals and [The tenant/s]as joint tenants.
The third tenancy commenced on 12 May 2021. [The tenant/s] was the sole tenant in that tenancy.
That tenancy commenced after February 2021. This means that the landlord could only terminate the tenancy by notice at the expiry of the fixed term if they had reasons for termination per section 51 RTA. The landlord could not give a “without cause” notice to terminate. 2 Not less than 21 days and not more than 90 days before the end date 3 Section 51 RTA
My finding is that it would be unjust to hold [The tenant/s] liable for rent after 16 May 2023 given that: a. The landlord gave an incorrect and ineffective notice of termination. b. The landlord upheld that notice even after [The tenant/s] correctly challenged it. c. [The tenant/s] left the property on the basis of that notice. d. There is no evidence that the landlord had grounds for termination by notice under section 51. e. There is no evidence that [The tenant/s] continued to reside at the property after 16 May.
The landlord’s rent record shows rent arrears of $519.00 to the week ending 12 May 2023. A rent increase took effect on 13 May (increase from $575 per week to $610), so a further $348.51 was owed for the four days from 13 May to 16 May. This makes total arrears of $867.51.
[The tenant/s] paid $500.00 on 16 May and $500.00 on 23 May. Those payments cleared the arrears.
There are no proven rent arrears. Water rates
[The tenant/s] accepted the claim for water rates. Tenant application
[The tenant/s] submitted that I-Rentals has been her only property manager since she began renting ten years ago at the age of [Redacted]. She has had several tenancies with I-Rentals over that time.
[The tenant/s] acknowledged that there were problems in the latter stages of this tenancy, but without a reference it will be very difficult for her to get a new tenancy. [The tenant/s] submitted that there must be some positive aspects to her history as a tenant that I-Rentals could pass on to a new landlord, even if they must also (she acknowledges) pass on the negative aspects.
The Tenancy Tribunal has no power to compel a landlord to provide a reference for a tenant. Filing fee, bond, name suppression
The landlord has been partially successful in its application and I will award the landlord the filing fee of $20.44.
The landlord will receive $374.68 from the bond.
The balance of the bond will remain with the Bond Centre.
[The tenant/s] sought name suppression. I am satisfied that [The tenant/s] has been the substantially successful party in these proceedings. I have made an order for name suppression under section 95A(1) RTA.

Tenancy Tribunal case 4584729 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 4584729 — 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