How much money was awarded in case 4677166?

Property Damage: $420.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Lost Rent: $1,020.00 awarded to tenant; Rent To 22/09/23: $4,020.00 awarded to tenant

What type of tenancy dispute was case 4677166?

The primary dispute was Lost Rent. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4677166?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9448669-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4677166?

Property Damage: $420.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Lost Rent: $1,020.00 awarded to tenant; Rent To 22/09/23: $4,020.00 awarded to tenant

What type of tenancy dispute was case 4677166?

The primary dispute was Lost Rent. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4677166?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9448669-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1101B, 8 Airedale Street, Auckland CBD, Auckland Tenancy Tribunal Case 4677166 — Lost Rent

Q: What was the outcome of Tenancy Tribunal case 4677166?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4677166. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Rent to 22/09/23	$4,020.00	Rent to 22/09/23
Early Termination (Lost Rent	$1,020.00	Early Termination (Lost Rent
Exemplary Damages (Subletting Unlawfully	$420.00	Exemplary Damages (Subletting Unlawfully
Filing fee	$20.44	Filing fee

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The tenancy of Yujin Kim at Unit/Flat 1101B, 8 Airedale Street, Auckland CBD, Auckland 1010 is terminated and possessions granted to the Landlord immediately.

Yujin Kim is to pay Fast Rental Limited $5,480.00 immediately, calculated as follows: DescriptionTenant Rent to 22/09/23$4,020.00 Early Termination (Lost Rent)$1,020.00 Exemplary Damages (Subletting Unlawfully)$420.00 Filing fee$20.44 Total award $5,480.44 Minus Bond $2,040.00 Tenant to Pay $3,440.44

Bond Services is to pay the Bond to Fast Rental Limited immediately.

Reasons

The Landlord attended the hearing. The Tenant was non contactable.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records.

This was a fixed term tenancy to end in December 2023.

The Tenant has left the premises on or about 30 August 2023 (the exact date is not known but the rent was in arrears and the Tenant was non-contactable) and the Landlord visited the premises to find the Tenant had sublet it to a friend without the Landlord’s consent.

The Landlord applied to terminate the tenancy on 5 September 2023 and started the process of advertising for a new tenant shortly thereafter. The Landlord says this is not the first time this has happened, and in one previous case the Tenant has returned to premises after it applied to the Tribunal for termination, which meant the application to terminate was refused. However, overall, I consider the Landlord has been proactive in taking steps to minimise any loss from the Tenant’s breach. The Landlord has a new tenant ready to move in on 10 October 2023. I award rent arrears up until todays date, given the Tenant’s failure to communicate its intention to the Landlord, and it not being a clear case for abandonment: $4,020.00 I further award compensation for loss of rent equal to the weekly rent from 23/09 to 09/10: $1,020.00 Has the Tenant sublet the premises without the Landlord’s consent?

Fast Rental Limited - As Agent For Liang Zhang claims the tenant has sublet or parted with possession of the premises without their prior written consent.

In the absence of a specific provision in the tenancy agreement prohibiting subletting or parting of possession of the tenancy, a tenant may do so but only with the prior written consent of the landlord. The landlord may not withhold consent unreasonably: s 44(2) and (3) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 44(2A)(b) and Schedule 1A Residential Tenancies Act 1986.

The tenant has sublet the premises to an associate of theirs without the prior written consent of the landlord. I find they have committed an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest: s 109(3) Residential Tenancies Act 1986.

The Landlord says: a. The Tenant’s friend and subtenant moved in, without the Landlord’s consent, and paid no rent. b. The subtenant did not clean the premises with they left. c. The tenant’s act of subletting the premises created uncertainty for the Landlord regarding it rights, causing delays and further expense.

I have insufficient evidence to make firm findings regarding the Tenant’s intentions.

The Landlord said the Tenant is a Korean student. I consider the amount of $420 should be awarded to the Landlord for the Tenant’s unlawful act to deter this behaviour but I have not awarded the maximum penalty as I consider there may have been genuine, practical difficulties experienced by the Tenant which meant she had to leave the premises but found a subtenant in an effort to comply with her obligations under the fixed term agreement. I have awarded $420 – which I view as the equivalent of a week’s rent, because of the Tenant’s failure to openly communicate any hardship she was experiencing to the Landlord, and the Tribunal.

Because Fast Rental Limited - As Agent For Liang Zhang has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4677166. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Rent to 22/09/23	$4,020.00	Rent to 22/09/23
Early Termination (Lost Rent	$1,020.00	Early Termination (Lost Rent
Exemplary Damages (Subletting Unlawfully	$420.00	Exemplary Damages (Subletting Unlawfully
Filing fee	$20.44	Filing fee

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Yujin Kim at Unit/Flat 1101B, 8 Airedale Street, Auckland CBD, Auckland 1010 is terminated and possessions granted to the Landlord immediately.
Yujin Kim is to pay Fast Rental Limited $5,480.00 immediately, calculated as follows: DescriptionTenant Rent to 22/09/23$4,020.00 Early Termination (Lost Rent)$1,020.00 Exemplary Damages (Subletting Unlawfully)$420.00 Filing fee$20.44 Total award $5,480.44 Minus Bond $2,040.00 Tenant to Pay $3,440.44
Bond Services is to pay the Bond to Fast Rental Limited immediately.

Reasons

The Landlord attended the hearing. The Tenant was non contactable.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records.
This was a fixed term tenancy to end in December 2023.
The Tenant has left the premises on or about 30 August 2023 (the exact date is not known but the rent was in arrears and the Tenant was non-contactable) and the Landlord visited the premises to find the Tenant had sublet it to a friend without the Landlord’s consent.
The Landlord applied to terminate the tenancy on 5 September 2023 and started the process of advertising for a new tenant shortly thereafter. The Landlord says this is not the first time this has happened, and in one previous case the Tenant has returned to premises after it applied to the Tribunal for termination, which meant the application to terminate was refused. However, overall, I consider the Landlord has been proactive in taking steps to minimise any loss from the Tenant’s breach. The Landlord has a new tenant ready to move in on 10 October 2023. I award rent arrears up until todays date, given the Tenant’s failure to communicate its intention to the Landlord, and it not being a clear case for abandonment: $4,020.00 I further award compensation for loss of rent equal to the weekly rent from 23/09 to 09/10: $1,020.00 Has the Tenant sublet the premises without the Landlord’s consent?
Fast Rental Limited - As Agent For Liang Zhang claims the tenant has sublet or parted with possession of the premises without their prior written consent.
In the absence of a specific provision in the tenancy agreement prohibiting subletting or parting of possession of the tenancy, a tenant may do so but only with the prior written consent of the landlord. The landlord may not withhold consent unreasonably: s 44(2) and (3) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 44(2A)(b) and Schedule 1A Residential Tenancies Act 1986.
The tenant has sublet the premises to an associate of theirs without the prior written consent of the landlord. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest: s 109(3) Residential Tenancies Act 1986.
The Landlord says: a. The Tenant’s friend and subtenant moved in, without the Landlord’s consent, and paid no rent. b. The subtenant did not clean the premises with they left. c. The tenant’s act of subletting the premises created uncertainty for the Landlord regarding it rights, causing delays and further expense.
I have insufficient evidence to make firm findings regarding the Tenant’s intentions.
The Landlord said the Tenant is a Korean student. I consider the amount of $420 should be awarded to the Landlord for the Tenant’s unlawful act to deter this behaviour but I have not awarded the maximum penalty as I consider there may have been genuine, practical difficulties experienced by the Tenant which meant she had to leave the premises but found a subtenant in an effort to comply with her obligations under the fixed term agreement. I have awarded $420 – which I view as the equivalent of a week’s rent, because of the Tenant’s failure to openly communicate any hardship she was experiencing to the Landlord, and the Tribunal.
Because Fast Rental Limited - As Agent For Liang Zhang has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4677166 — Lost Rent at Unit/Flat 1101B, 8 Airedale Street, Auckland CBD, Auckland

At a glance

Tenancy Tribunal case 4677166 — Lost Rent at Unit/Flat 1101B, 8 Airedale Street, Auckland CBD, Auckland

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions