What was Tenancy Tribunal case 4645292 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 4645292?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,050.00 awarded to landlord

What type of tenancy dispute was case 4645292?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4645292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9422693-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4645292 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 4645292?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,050.00 awarded to landlord

What type of tenancy dispute was case 4645292?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4645292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9422693-Tribunal_Order_Redacted.pdf.

4 Wittys Road, Avonhead, Christchurch 8042 Tenancy Tribunal Case 4645292 — Rent arrears

Claims and awards in Tenancy Tribunal application 4645292 — net $950.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,050.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$950.44
Total payable by Tenant to Landlord	$950.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and the tenant’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $950.44 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,120.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

[The landlord’s representative] attended the hearing by teleconference on behalf of the landlord. [The tenant’s representative] attended the hearing by teleconference on behalf of the tenant, [The tenant/s], who was in hospital. [The landlord’s representative] consented to [The tenant’s representative] representing [The tenant/s].
The landlord has applied for termination and possession, rent arrears, refund of the bond and refund of the application fee.
During the hearing, [The landlord’s representative] said the property has been vacated. Therefore, the claim for termination and possession was withdrawn.
This is a fixed term tenancy which went to 31 August 2023. [The tenant’s representative] believed [The tenant/s] moved out around 24 August 2023. She said [The tenant/s] was told by a staff member at the landlord’s property manager’s office that he could leave 2 weeks earlier than the end of the tenancy, that she would have to check with the owner, but it would likely be alright. She maintained he was told this verbally by the property manager.
[The landlord’s representative] strongly denied that anyone had told [The tenant/s] he could leave the tenancy early and said his staff had made it clear to him that it was a fixed lease, and they would need to speak with the owners if he wanted to leave early. He said this was not taken further by [The tenant/s] but he just moved out. There was a dispute about whether [The tenant/s] left the keys or had any access to be able to clean the property at the end of the tenancy. Those issues can be dealt with in any separate claim by either party.
Landlords generally are entitled to receive at least 28 days’ notice from tenants wishing to leave a periodic tenancy. In a fixed term tenancy, such as this one, tenants have to either have the landlord’s consent to leave the tenancy early, or apply to the Tribunal to reduce the fixed term of the tenancy. See section 66 Residential Tenancies Act 1986 (“RTA”).
[The landlord’s representative] disputed the landlord giving any consent to [The tenant/s] to leave the tenancy early. [The tenant’s representative] said there was verbal consent given for him to leave early by a property manager. In the absence of any further supporting evidence, by way of written confirmation that the landlord consented to the tenant leaving the tenancy early, I find there is insufficient evidence provided by the tenant to prove the landlord consented to him leaving the tenancy early. The tenant also did not apply to the Tribunal to reduce the fixed term of the tenancy. Therefore, the tenant is liable for rent to the end of the fixed term of the tenancy, here 31 August 2023.
The landlord provided rent records which prove the tenant owed rent to 30 August 2023, which is $3,050.00. This was one day short of the end of the fixed term tenancy, but the landlord only wished to claim $3,050.00 in rent arrears. Therefore, the tenant owes the landlord $3,050.00 rent to 30 August 2023. Bond
The Bond Centre is to pay the bond of $2,120.00 ([Bond number suppressed]) to [The landlord/s] immediately. Filing fee
Because [The landlord/s] has been successful with the claim I must reimburse the filing fee. Suppression
The landlord requested suppression. As they have been successful with the claim, they are entitled to suppression. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 95A(1) RTA.
During the hearing, [The tenant’s representative] requested suppression for the tenant.
Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
Given the evidence about the tenant’s current health situation provided by his representative, I find that the tenant’s interests outweigh the public interest in publishing his name. Therefore, I order that the tenant’s name and identifying details are not to be published.

Claims and awards in Tenancy Tribunal application 4645292 — net $950.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,050.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$950.44
Total payable by Tenant to Landlord	$950.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and the tenant’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $950.44 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,120.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

[The landlord’s representative] attended the hearing by teleconference on behalf of the landlord. [The tenant’s representative] attended the hearing by teleconference on behalf of the tenant, [The tenant/s], who was in hospital. [The landlord’s representative] consented to [The tenant’s representative] representing [The tenant/s].
The landlord has applied for termination and possession, rent arrears, refund of the bond and refund of the application fee.
During the hearing, [The landlord’s representative] said the property has been vacated. Therefore, the claim for termination and possession was withdrawn.
This is a fixed term tenancy which went to 31 August 2023. [The tenant’s representative] believed [The tenant/s] moved out around 24 August 2023. She said [The tenant/s] was told by a staff member at the landlord’s property manager’s office that he could leave 2 weeks earlier than the end of the tenancy, that she would have to check with the owner, but it would likely be alright. She maintained he was told this verbally by the property manager.
[The landlord’s representative] strongly denied that anyone had told [The tenant/s] he could leave the tenancy early and said his staff had made it clear to him that it was a fixed lease, and they would need to speak with the owners if he wanted to leave early. He said this was not taken further by [The tenant/s] but he just moved out. There was a dispute about whether [The tenant/s] left the keys or had any access to be able to clean the property at the end of the tenancy. Those issues can be dealt with in any separate claim by either party.
Landlords generally are entitled to receive at least 28 days’ notice from tenants wishing to leave a periodic tenancy. In a fixed term tenancy, such as this one, tenants have to either have the landlord’s consent to leave the tenancy early, or apply to the Tribunal to reduce the fixed term of the tenancy. See section 66 Residential Tenancies Act 1986 (“RTA”).
[The landlord’s representative] disputed the landlord giving any consent to [The tenant/s] to leave the tenancy early. [The tenant’s representative] said there was verbal consent given for him to leave early by a property manager. In the absence of any further supporting evidence, by way of written confirmation that the landlord consented to the tenant leaving the tenancy early, I find there is insufficient evidence provided by the tenant to prove the landlord consented to him leaving the tenancy early. The tenant also did not apply to the Tribunal to reduce the fixed term of the tenancy. Therefore, the tenant is liable for rent to the end of the fixed term of the tenancy, here 31 August 2023.
The landlord provided rent records which prove the tenant owed rent to 30 August 2023, which is $3,050.00. This was one day short of the end of the fixed term tenancy, but the landlord only wished to claim $3,050.00 in rent arrears. Therefore, the tenant owes the landlord $3,050.00 rent to 30 August 2023. Bond
The Bond Centre is to pay the bond of $2,120.00 ([Bond number suppressed]) to [The landlord/s] immediately. Filing fee
Because [The landlord/s] has been successful with the claim I must reimburse the filing fee. Suppression
The landlord requested suppression. As they have been successful with the claim, they are entitled to suppression. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 95A(1) RTA.
During the hearing, [The tenant’s representative] requested suppression for the tenant.
Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
Given the evidence about the tenant’s current health situation provided by his representative, I find that the tenant’s interests outweigh the public interest in publishing his name. Therefore, I order that the tenant’s name and identifying details are not to be published.

Tenancy Tribunal case 4645292 — Rent arrears at 4 Wittys Road, Avonhead, Christchurch 8042

At a glance

Tenancy Tribunal case 4645292 — Rent arrears at 4 Wittys Road, Avonhead, Christchurch 8042

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions