What was Tenancy Tribunal case 4660673 about?

The tribunal order states: [The tenant/s] must pay Port Property Management Limited As

How much money was awarded in case 4660673?

Advertising, Administration And View…: $390.74 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,518.57 awarded to landlord; Water Rates: $99.26 awarded to landlord

What type of tenancy dispute was case 4660673?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4660673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9769400-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4660673 about?

The tribunal order states: [The tenant/s] must pay Port Property Management Limited As

How much money was awarded in case 4660673?

Advertising, Administration And View…: $390.74 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,518.57 awarded to landlord; Water Rates: $99.26 awarded to landlord

What type of tenancy dispute was case 4660673?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4660673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9769400-Tenancy_Tribunal_Order.pdf.

10A Poutawa Lane, Clarks Beach, Clarks Beach 2122 Tenancy Tribunal Case 4660673 — Rent arrears

Tenantcheck Insights

10A Poutawa Lane, Clarks Beach, Clarks Beach 2122 Tenancy Tribunal Case 4660673 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4660673 — net $1,309.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 August 2023	$2,518.57	Rent arrears to 31 August 2023
Advertising, administration and viewings	$390.74	Advertising, administration and viewings
Water rates	$99.26	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,309.01
Total payable by Tenant to Landlord	$1,309.01

Claims and awards for application 4660673 — net $1,309.01 NZD. Verify on MoJ.

Rent arrears to 31 August 2023

Amount: $2,518.57
Awarded to: Landlord
Reason: Rent arrears to 31 August 2023

Advertising, administration and viewings

Amount: $390.74
Awarded to: Landlord
Reason: Advertising, administration and viewings

Water rates

Amount: $99.26
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,309.01

Total payable by Tenant to Landlord

Landlord $1,309.01

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

[The tenant/s] must pay Port Property Management Limited As Agent For Richard And [The landlord/s] $1,309.01 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,720.00 (6401802-009) to Port Property Management Limited As Agent For Richard And [The landlord/s] immediately.

Reasons

Both parties attended the hearing. Ms Melville and Ms Noorish attended for the alndord. Ms Chand attended by telephone.
The tenant had a fixed term tenancy from 11 March 2023 to 8 March 2024. In June the tenant had employment contract terminated. This occurred because of an unexpected decrease in produce as a result of the floods in 2023.
The tenant struggled to find other work that paid her enough to allow her to pay her rent. She asked the landlord to release her from her tenancy, the landlord agreed to do this on the condition that she would remain liable for the rent until a new tenant was found and pay expenses incurred by the landlord in re- tenanting the property.
The landlord immediately advertised the property. The location is difficult to tenant in the winter months, and this was exacerbated by the job losses in the area. The landlord contacted 4 viewings, and had one applicant that it offered the property to, but that applicant turned the property down.
The owner gave notice to the property manager on the 31 August to remove the listing as a family member would now move into the property. The family has a tenancy, and the property managers completed a new tenancy agreement for the owner and new tenant.
The landlord has applied for rent arrears to the 31 August 2023, compensation, of the fees that they incurred in advertising ad reletting the property, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A tenant under a fixed term tenancy is liable for the rent until a new tenant is found. I am satisfied that the tenant is liable for rent to 31 August.
A tenant is also liable for the reasonable costs incurred in breaking the contract and the landlord seeking new tenants. I am satisfied that the costs incurred by the landlord for viewings advertising and administration were reasonable and flowed from the tenant breaking the fixed term contract.
The landlord has claimed a fee for the final inspection, this is not allowed as it was not a fee incurred as a result of the tenant breaking her contract but rather as a result of the end of the tenancy. A tenant would not normally incur this fee, and I do not think it reasonable that they are charged for the inspection simply because they have left the tenancy early.
I appreciate that the tenant has had a very difficult year, and that until she lost her employment she was a good tenant who paid her rent on time.
Because Port Property Management Limited As Agent For Richard And [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4660673 — net $1,309.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 August 2023	$2,518.57	Rent arrears to 31 August 2023
Advertising, administration and viewings	$390.74	Advertising, administration and viewings
Water rates	$99.26	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,309.01
Total payable by Tenant to Landlord	$1,309.01

Claims and awards for application 4660673 — net $1,309.01 NZD. Verify on MoJ.

Rent arrears to 31 August 2023

Amount: $2,518.57
Awarded to: Landlord
Reason: Rent arrears to 31 August 2023

Advertising, administration and viewings

Amount: $390.74
Awarded to: Landlord
Reason: Advertising, administration and viewings

Water rates

Amount: $99.26
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,309.01

Total payable by Tenant to Landlord

Landlord $1,309.01

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

[The tenant/s] must pay Port Property Management Limited As Agent For Richard And [The landlord/s] $1,309.01 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,720.00 (6401802-009) to Port Property Management Limited As Agent For Richard And [The landlord/s] immediately.

Reasons

Both parties attended the hearing. Ms Melville and Ms Noorish attended for the alndord. Ms Chand attended by telephone.
The tenant had a fixed term tenancy from 11 March 2023 to 8 March 2024. In June the tenant had employment contract terminated. This occurred because of an unexpected decrease in produce as a result of the floods in 2023.
The tenant struggled to find other work that paid her enough to allow her to pay her rent. She asked the landlord to release her from her tenancy, the landlord agreed to do this on the condition that she would remain liable for the rent until a new tenant was found and pay expenses incurred by the landlord in re- tenanting the property.
The landlord immediately advertised the property. The location is difficult to tenant in the winter months, and this was exacerbated by the job losses in the area. The landlord contacted 4 viewings, and had one applicant that it offered the property to, but that applicant turned the property down.
The owner gave notice to the property manager on the 31 August to remove the listing as a family member would now move into the property. The family has a tenancy, and the property managers completed a new tenancy agreement for the owner and new tenant.
The landlord has applied for rent arrears to the 31 August 2023, compensation, of the fees that they incurred in advertising ad reletting the property, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A tenant under a fixed term tenancy is liable for the rent until a new tenant is found. I am satisfied that the tenant is liable for rent to 31 August.
A tenant is also liable for the reasonable costs incurred in breaking the contract and the landlord seeking new tenants. I am satisfied that the costs incurred by the landlord for viewings advertising and administration were reasonable and flowed from the tenant breaking the fixed term contract.
The landlord has claimed a fee for the final inspection, this is not allowed as it was not a fee incurred as a result of the tenant breaking her contract but rather as a result of the end of the tenancy. A tenant would not normally incur this fee, and I do not think it reasonable that they are charged for the inspection simply because they have left the tenancy early.
I appreciate that the tenant has had a very difficult year, and that until she lost her employment she was a good tenant who paid her rent on time.
Because Port Property Management Limited As Agent For Richard And [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4660673 — Rent arrears at 10A Poutawa Lane, Clarks Beach, Clarks Beach 2122

At a glance

Tenancy Tribunal case 4660673 — Rent arrears at 10A Poutawa Lane, Clarks Beach, Clarks Beach 2122

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions