What was Tenancy Tribunal case 4665485 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 4665485?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,390.00 awarded to landlord

What type of tenancy dispute was case 4665485?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4665485?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9497205-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4665485 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 4665485?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,390.00 awarded to landlord

What type of tenancy dispute was case 4665485?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4665485?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9497205-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4665485 — Rent arrears

Claims and awards in Tenancy Tribunal application 4665485 — net $850.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 August 2023	$1,390.00	Rent arrears to 20 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$850.44
Total payable by Tenant to Landlord	$850.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
GURDEV SINGH SANDHU must pay [The landlord/s] $830.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing. [Ms H] attended on behalf of the landlord.
The landlord has applied for rent arrears, retention of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy agreement showed the tenancy as being periodic on its face. However, it contained a clause with a termination date of 22 August 2023 (stated to be due to the owner’s intention to sell the property within 90 days of that date).
The agreement was provided to the tenant together with a termination notice confirming the above termination date and providing the reasons for it. The letter referred to the tenancy as a fixed term tenancy with 90 days’ notice required to prevent it becoming periodic after the end of the initial fixed term.
If the tenancy was a fixed term tenancy with an end date of 22 August 2023, it falls under section 7(1) of the Act (fixed term tenancies of not more than 90 days) and notice, although given, was not required.
If the tenancy was periodic, the landlord gave notice correctly under section 51(2) of the Act.
There was some dispute between the parties as to when the tenancy actually ended. The landlord considered that the tenancy ended on 22 August 2023 in line with the information above.
The tenant and his witness, Mr Singh, gave evidence that he had left the property, and considered the tenancy ended, on 4 August 2023 due to the untidy and unsanitary state of the common areas and other issues which made it difficult to remain. The tenant provided photographic evidence of the state of common areas to support this.
The tenant said that on 4 August 2023, when leaving the premises, he had given his keys to another tenant who he thought to be a friend of the owner.
The landlord acknowledged that the property was often below a reasonable standard of cleanliness and said that she had invited the tenant to give notice early if he was so inclined, but she had received no such notice. She said that she had not been told that the tenant had handed his keys to another tenant on 4 August 2023.
The tenant acknowledged that he had given no written (or other) notice to the landlord to end the tenancy early.
I accept that the tenant may have left the property early and I understand his reasons for doing so. However, he did not give the notice required either under section 53(2B) of the Act or by any other arrangement with the landlord.
Further, the tenant did not communicate his departure to the landlord and did not return the keys directly to the landlord
I find that the tenancy ended on 22 August 2023.
The landlord has asked for arrears to 20 August rather than 22 August as that coincides with the rent payment period.
The landlord has provided a rent summary that proves the amount owing to 20 August 2023.
Although the landlord was obliged to pay the bond to tenancy services within 23 working days after the payment was made, the landlord acknowledged that had not been done. The landlord holds the bond of $560.00, and that amount has been deducted from the amount owing by the tenant for arrears.

Is the tenant owed other monies?

The tenant provided some evidence in relation to monies owed to him by the landlord or owner in relation to an earlier tenancy of another room at this property.
Although that matter is not before me today and cannot be determined at this time, I encourage the parties to investigate the issue and to refund any outstanding bond and/or overpaid rent due to the tenant under that earlier tenancy agreement.
If an agreement cannot be reached and the tenant considers that he is properly owed money under the earlier tenancy agreement, I encourage him to make an application to the Tribunal for repayment.

Should a suppression order be made?

The landlord applied for a suppression order in its application.
Section 95A of the Act provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).
The landlord has been wholly successful in its claims and the limited exceptions set out in s 95A do not apply. I therefore make an order that the landlord’s name and identifying details be suppressed. Filing fee
As [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4665485 — net $850.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 August 2023	$1,390.00	Rent arrears to 20 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$850.44
Total payable by Tenant to Landlord	$850.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
GURDEV SINGH SANDHU must pay [The landlord/s] $830.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing. [Ms H] attended on behalf of the landlord.
The landlord has applied for rent arrears, retention of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy agreement showed the tenancy as being periodic on its face. However, it contained a clause with a termination date of 22 August 2023 (stated to be due to the owner’s intention to sell the property within 90 days of that date).
The agreement was provided to the tenant together with a termination notice confirming the above termination date and providing the reasons for it. The letter referred to the tenancy as a fixed term tenancy with 90 days’ notice required to prevent it becoming periodic after the end of the initial fixed term.
If the tenancy was a fixed term tenancy with an end date of 22 August 2023, it falls under section 7(1) of the Act (fixed term tenancies of not more than 90 days) and notice, although given, was not required.
If the tenancy was periodic, the landlord gave notice correctly under section 51(2) of the Act.
There was some dispute between the parties as to when the tenancy actually ended. The landlord considered that the tenancy ended on 22 August 2023 in line with the information above.
The tenant and his witness, Mr Singh, gave evidence that he had left the property, and considered the tenancy ended, on 4 August 2023 due to the untidy and unsanitary state of the common areas and other issues which made it difficult to remain. The tenant provided photographic evidence of the state of common areas to support this.
The tenant said that on 4 August 2023, when leaving the premises, he had given his keys to another tenant who he thought to be a friend of the owner.
The landlord acknowledged that the property was often below a reasonable standard of cleanliness and said that she had invited the tenant to give notice early if he was so inclined, but she had received no such notice. She said that she had not been told that the tenant had handed his keys to another tenant on 4 August 2023.
The tenant acknowledged that he had given no written (or other) notice to the landlord to end the tenancy early.
I accept that the tenant may have left the property early and I understand his reasons for doing so. However, he did not give the notice required either under section 53(2B) of the Act or by any other arrangement with the landlord.
Further, the tenant did not communicate his departure to the landlord and did not return the keys directly to the landlord
I find that the tenancy ended on 22 August 2023.
The landlord has asked for arrears to 20 August rather than 22 August as that coincides with the rent payment period.
The landlord has provided a rent summary that proves the amount owing to 20 August 2023.
Although the landlord was obliged to pay the bond to tenancy services within 23 working days after the payment was made, the landlord acknowledged that had not been done. The landlord holds the bond of $560.00, and that amount has been deducted from the amount owing by the tenant for arrears.

Is the tenant owed other monies?

The tenant provided some evidence in relation to monies owed to him by the landlord or owner in relation to an earlier tenancy of another room at this property.
Although that matter is not before me today and cannot be determined at this time, I encourage the parties to investigate the issue and to refund any outstanding bond and/or overpaid rent due to the tenant under that earlier tenancy agreement.
If an agreement cannot be reached and the tenant considers that he is properly owed money under the earlier tenancy agreement, I encourage him to make an application to the Tribunal for repayment.

Should a suppression order be made?

The landlord applied for a suppression order in its application.
Section 95A of the Act provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).
The landlord has been wholly successful in its claims and the limited exceptions set out in s 95A do not apply. I therefore make an order that the landlord’s name and identifying details be suppressed. Filing fee
As [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4665485 — Rent arrears

At a glance

Tenancy Tribunal case 4665485 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant owed other monies?

Should a suppression order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant owed other monies?

Should a suppression order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions