What was Tenancy Tribunal case 4680349 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 4680349?

Call Out Fee: $125.00 awarded to tenant; Rent Arrears: $462.86 awarded to landlord

What type of tenancy dispute was case 4680349?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4680349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9496649-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4680349 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 4680349?

Call Out Fee: $125.00 awarded to tenant; Rent Arrears: $462.86 awarded to landlord

What type of tenancy dispute was case 4680349?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4680349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9496649-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4680349 — Rent arrears

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New Zealand Tenancy Tribunal Case 4680349 — 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 4680349 — net $337.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as at 8 June 2023	$462.86		Rent arrears as at 8 June 2023
Call out fee		$125.00	Call out fee
Total award	$462.86	$125.00
Net award	$337.86
Bond	$540.00
Total payable by Tenant to Landlord	$337.86

Claims and awards for application 4680349 — net $337.86 NZD. Verify on MoJ.

Rent arrears as at 8 June 2023

Amount: $462.86
Awarded to: Landlord
Reason: Rent arrears as at 8 June 2023

Call out fee

Amount: $125.00
Awarded to: Tenant
Reason: Call out fee

Total award

Landlord $462.86 · Tenant $125.00

Net award

Landlord $337.86

Bond

Landlord $540.00

Total payable by Tenant to Landlord

Landlord $337.86

Claim types — money lines allowed on this order

Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ and Landlord’s name and identifying details.
The Bond Centre is to pay the bond of $540.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $337.86 [The tenant/s]: $202.14

Reasons

Both parties attended the hearing which was held by teleconference.
Each of the parties brought a claim against the other and at today’s hearing the issues were essentially: (a) What was the final date of the tenancy? (b) How much rent was owed at that date? (c) Ought the landlord reimburse a call out fee to the tenants?

What was the final date of the tenancy?

It was accepted evidence that on 17 May 2023 the tenants gave the landlord 21 days’ notice of termination of their tenancy. This would have brought the final date of the tenancy to 8 June 2023.
The tenancy agreement provided that the tenants were required to give 21 days notice. However, the landlord claimed that the correct notice period was now 28 days’ notice, given that there has been a law change requiring tenants to give 28 days’ notice of termination.
I explained at today’s hearing that regardless of the law change, landlords and tenants can agree on their own terms, including a notice period, and are bound by those terms, so long as the terms agreed upon are not more onerous to the tenant than the ones required by law.
The notice period of 21 days stipulated in the tenancy agreement was not more onerous to the tenants than the 28 days’ notice required by the Residential Tenancies Act 1986 and so both the landlord and the tenant are bound to that term – that is, the tenants were required to give 21 days’ notice of termination.
This means that the final date of the tenancy was 8 June 2023.

How much rent was owed at that date?

It was calculated at today’s hearing that from 12 October 2019 to 8 June 2023 the tenants ought to have paid a total of $103,062.86 in rent.
It was also established that the tenants paid a total of $102,600.00 in rent.
This left a shortfall of $462.86 in rent.

Ought the landlord reimburse a call out fee to the tenants?

It was accepted evidence that the tenants paid a call out fee of $125.00 for a technician to attend a broken dishwasher.
At today’s hearing the landlord accepted that he ought to reimburse the tenants that amount. Suppression of names
Since both parties were similarly successful in the claim and both have applied for suppression of their names, I am ordering all names to be suppressed – see s95A Residential Tenancies Act 1986. Filing fee
Given that both parties were similarly successful, I consider it appropriate that each party bear their own cost of filing in the Tenancy Tribunal. C ter Haar 05 October 2023

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 4680349 — net $337.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as at 8 June 2023	$462.86		Rent arrears as at 8 June 2023
Call out fee		$125.00	Call out fee
Total award	$462.86	$125.00
Net award	$337.86
Bond	$540.00
Total payable by Tenant to Landlord	$337.86

Claims and awards for application 4680349 — net $337.86 NZD. Verify on MoJ.

Rent arrears as at 8 June 2023

Amount: $462.86
Awarded to: Landlord
Reason: Rent arrears as at 8 June 2023

Call out fee

Amount: $125.00
Awarded to: Tenant
Reason: Call out fee

Total award

Landlord $462.86 · Tenant $125.00

Net award

Landlord $337.86

Bond

Landlord $540.00

Total payable by Tenant to Landlord

Landlord $337.86

Claim types — money lines allowed on this order

Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ and Landlord’s name and identifying details.
The Bond Centre is to pay the bond of $540.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $337.86 [The tenant/s]: $202.14

Reasons

Both parties attended the hearing which was held by teleconference.
Each of the parties brought a claim against the other and at today’s hearing the issues were essentially: (a) What was the final date of the tenancy? (b) How much rent was owed at that date? (c) Ought the landlord reimburse a call out fee to the tenants?

What was the final date of the tenancy?

It was accepted evidence that on 17 May 2023 the tenants gave the landlord 21 days’ notice of termination of their tenancy. This would have brought the final date of the tenancy to 8 June 2023.
The tenancy agreement provided that the tenants were required to give 21 days notice. However, the landlord claimed that the correct notice period was now 28 days’ notice, given that there has been a law change requiring tenants to give 28 days’ notice of termination.
I explained at today’s hearing that regardless of the law change, landlords and tenants can agree on their own terms, including a notice period, and are bound by those terms, so long as the terms agreed upon are not more onerous to the tenant than the ones required by law.
The notice period of 21 days stipulated in the tenancy agreement was not more onerous to the tenants than the 28 days’ notice required by the Residential Tenancies Act 1986 and so both the landlord and the tenant are bound to that term – that is, the tenants were required to give 21 days’ notice of termination.
This means that the final date of the tenancy was 8 June 2023.

How much rent was owed at that date?

It was calculated at today’s hearing that from 12 October 2019 to 8 June 2023 the tenants ought to have paid a total of $103,062.86 in rent.
It was also established that the tenants paid a total of $102,600.00 in rent.
This left a shortfall of $462.86 in rent.

Ought the landlord reimburse a call out fee to the tenants?

It was accepted evidence that the tenants paid a call out fee of $125.00 for a technician to attend a broken dishwasher.
At today’s hearing the landlord accepted that he ought to reimburse the tenants that amount. Suppression of names
Since both parties were similarly successful in the claim and both have applied for suppression of their names, I am ordering all names to be suppressed – see s95A Residential Tenancies Act 1986. Filing fee
Given that both parties were similarly successful, I consider it appropriate that each party bear their own cost of filing in the Tenancy Tribunal. C ter Haar 05 October 2023

Tenancy Tribunal case 4680349 — Rent arrears

At a glance

Tenancy Tribunal case 4680349 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

What was the final date of the tenancy?

How much rent was owed at that date?

Ought the landlord reimburse a call out fee to the tenants?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

What was the final date of the tenancy?

How much rent was owed at that date?

Ought the landlord reimburse a call out fee to the tenants?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions