What was Tenancy Tribunal case 4681392 about?

The tribunal order states: Aden Wiremu Cooper to pay [The landlord/s] $770.81 from the bond,

How much money was awarded in case 4681392?

Lawns and Garden Work: $50.00 awarded to landlord; Letting Fee: $98.67 awarded to landlord; Rent Arrears: $597.14 awarded to landlord; Rubbish Removal: $25.00 awarded to landlord

What type of tenancy dispute was case 4681392?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4681392?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10169390-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4681392 about?

The tribunal order states: Aden Wiremu Cooper to pay [The landlord/s] $770.81 from the bond,

How much money was awarded in case 4681392?

Lawns and Garden Work: $50.00 awarded to landlord; Letting Fee: $98.67 awarded to landlord; Rent Arrears: $597.14 awarded to landlord; Rubbish Removal: $25.00 awarded to landlord

What type of tenancy dispute was case 4681392?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4681392?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10169390-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 90 Titirangi Road, New Lynn, Auckland 0600 Tenancy Tribunal Case 4681392 — Rent arrears

Claims and awards in Tenancy Tribunal application 4681392 — net $770.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$597.14	Rent arrears
Rubbish removal	$25.00	Rubbish removal
Lawns and Garden work	$50.00	Lawns and Garden work
Letting fee	$98.67	Letting fee
Net award	$770.81
Total payable by Tenant to Landlord	$770.81

Order

Aden Wiremu Cooper to pay [The landlord/s] $770.81 from the bond, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant has applied for reduction of the fixed-term tenancy and refund of the bond.

How much is owed for rent?

The tenant signed a fixed-term tenancy starting on 12 December 2022 and ending on 11 December 2023.
In March or April 2023, the tenant began to have troubles with his neighbour in the adjoining property, which began with interference with his motor vehicle, threats and culminated in an assault resulting in a complaint to police on 6 June 2023.
Around 19 July 2023, the tenant began discussing with the landlord the need to break the fixed-term tenancy.
On 20 July 2023 the landlord sent an email to the tenant setting out three options for the tenant: 1. Lease break. 2. Mutual consent to end fixed term. 3. Tenant can apply to Tenancy Tribunal under section 66 for hardship due to unforeseen circumstances.
On 21 July 2023 the landlord sent another email to the tenant stating that the owner had offered to release the tenant from the fixed-term tenancy on a 28- day notice basis, and on the basis that the tenant pay the letting fees for re- tenanting the property.
The tenant did not agree to these conditions. He returned the keys on 1 August 2023 and the landlord completed an exit report on 2 August 2023. The property was re-tenanted on 21 August 2023.
The landlord is seeking rent arrears until 17 August 2023, which is 28 days after 20 July 2023, the date the parties began negotiating the end of the tenancy.
The amount of rent due until this date is not in dispute; the dispute is whether the tenant should have to pay it.
The Residential Tenancies Act, 1986, (“the RTA”) section 66(1) states the following: 66Reduction or termination of fixed-term tenancy (1) On application by a party to a fixed-term tenancy, the Tribunal may make an order reducing the term of the tenancy by a period stated in the order, and making such variations in the terms of the tenancy as are necessary because of the reduction of the term, where it is satisfied that, because of an unforeseen change in the applicant’s circumstances, the severe hardship which the applicant would suffer if the term of the tenancy were not reduced would be greater than the hardship which the other party to the tenancy would suffer if the term were reduced.
There is no dispute that the behaviour of the neighbour towards the tenant was an unforeseen change in the tenant’s circumstances.
The tenant outlined the physical and emotional hardship he experienced as a result of the neighbour’s ongoing criminal behaviour. However there was no obligation for the tenant to remain at the property whether or not he was released from the tenancy, and the hardship I consider is the financial hardship of paying the disputed $597.14 rent from 7 August 2023 until 17 August 2023.
The tenant says he suffered financial hardship because needed to pay rent on another property for this period. The landlord says the owners would suffer financial hardship because they need to cover their mortgage. There is no way to clearly calculate the relative hardship of each party, but I note the amount at stake is not great.
I am also cognisant of the fact that the reason the amount is not great is because the landlord was generous in agreeing to a 28-day notice period for the tenant to end the tenancy, and then moved quickly in confirming this with the tenant.
Because it is not possible for me to confidently say that the hardship the tenant would suffer from paying the notice-period rent, is greater than the landlord would suffer for not being compensated for this period, I decline to order the tenancy be further reduced from ending on 17 August 2023 to 7 August 2023, which would eliminate the rent arrears.
I determine the tenancy ended on 17 August 2023, and rent is due until this date.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord has claimed $345.00 for a composite invoice for cleaning, rubbish removal and lawns.
The photos provided by the landlord show the property to have been left reasonably clean and tidy; it is not perfectly clean and tidy, but it doesn’t have to be. The photographs provided do not show any significant rubbish to have been left behind either; the tenant did leave some items in two cabinet drawers, and a tortoise shell hung on a wall which may have had some value. I make a nominal award for rubbish removal.
The tenant accepted that the lawn was a bit long, but the lawn is approximately
5 metres wide by 4 metres long and was sparsely covered with grass. The amount I award for this reflects what I consider to be a reasonable cost in returning a very small courtyard to a reasonable condition.
The amounts ordered are proved. Letting fee
The landlord has claimed $250.00 for the listing fee with Trade Me and $46.00 for tenant-checking the next tenant. These are reasonable costs, but I note the tenancy had already run two-thirds of its course and the landlord would have been subject to these full amounts in four months’ time if the fixed-term tenancy had run its full course. I therefore reduce the amounts to reflect the true cost to the landlord, without penalising the tenant, given that most of the tenancy had already passed.
Both parties have been partially successful in their applications, and I do not award reimbursement of the filing fee to either party.

Claims and awards in Tenancy Tribunal application 4681392 — net $770.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$597.14	Rent arrears
Rubbish removal	$25.00	Rubbish removal
Lawns and Garden work	$50.00	Lawns and Garden work
Letting fee	$98.67	Letting fee
Net award	$770.81
Total payable by Tenant to Landlord	$770.81

Order

Aden Wiremu Cooper to pay [The landlord/s] $770.81 from the bond, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant has applied for reduction of the fixed-term tenancy and refund of the bond.

How much is owed for rent?

The tenant signed a fixed-term tenancy starting on 12 December 2022 and ending on 11 December 2023.
In March or April 2023, the tenant began to have troubles with his neighbour in the adjoining property, which began with interference with his motor vehicle, threats and culminated in an assault resulting in a complaint to police on 6 June 2023.
Around 19 July 2023, the tenant began discussing with the landlord the need to break the fixed-term tenancy.
On 20 July 2023 the landlord sent an email to the tenant setting out three options for the tenant: 1. Lease break. 2. Mutual consent to end fixed term. 3. Tenant can apply to Tenancy Tribunal under section 66 for hardship due to unforeseen circumstances.
On 21 July 2023 the landlord sent another email to the tenant stating that the owner had offered to release the tenant from the fixed-term tenancy on a 28- day notice basis, and on the basis that the tenant pay the letting fees for re- tenanting the property.
The tenant did not agree to these conditions. He returned the keys on 1 August 2023 and the landlord completed an exit report on 2 August 2023. The property was re-tenanted on 21 August 2023.
The landlord is seeking rent arrears until 17 August 2023, which is 28 days after 20 July 2023, the date the parties began negotiating the end of the tenancy.
The amount of rent due until this date is not in dispute; the dispute is whether the tenant should have to pay it.
The Residential Tenancies Act, 1986, (“the RTA”) section 66(1) states the following: 66Reduction or termination of fixed-term tenancy (1) On application by a party to a fixed-term tenancy, the Tribunal may make an order reducing the term of the tenancy by a period stated in the order, and making such variations in the terms of the tenancy as are necessary because of the reduction of the term, where it is satisfied that, because of an unforeseen change in the applicant’s circumstances, the severe hardship which the applicant would suffer if the term of the tenancy were not reduced would be greater than the hardship which the other party to the tenancy would suffer if the term were reduced.
There is no dispute that the behaviour of the neighbour towards the tenant was an unforeseen change in the tenant’s circumstances.
The tenant outlined the physical and emotional hardship he experienced as a result of the neighbour’s ongoing criminal behaviour. However there was no obligation for the tenant to remain at the property whether or not he was released from the tenancy, and the hardship I consider is the financial hardship of paying the disputed $597.14 rent from 7 August 2023 until 17 August 2023.
The tenant says he suffered financial hardship because needed to pay rent on another property for this period. The landlord says the owners would suffer financial hardship because they need to cover their mortgage. There is no way to clearly calculate the relative hardship of each party, but I note the amount at stake is not great.
I am also cognisant of the fact that the reason the amount is not great is because the landlord was generous in agreeing to a 28-day notice period for the tenant to end the tenancy, and then moved quickly in confirming this with the tenant.
Because it is not possible for me to confidently say that the hardship the tenant would suffer from paying the notice-period rent, is greater than the landlord would suffer for not being compensated for this period, I decline to order the tenancy be further reduced from ending on 17 August 2023 to 7 August 2023, which would eliminate the rent arrears.
I determine the tenancy ended on 17 August 2023, and rent is due until this date.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord has claimed $345.00 for a composite invoice for cleaning, rubbish removal and lawns.
The photos provided by the landlord show the property to have been left reasonably clean and tidy; it is not perfectly clean and tidy, but it doesn’t have to be. The photographs provided do not show any significant rubbish to have been left behind either; the tenant did leave some items in two cabinet drawers, and a tortoise shell hung on a wall which may have had some value. I make a nominal award for rubbish removal.
The tenant accepted that the lawn was a bit long, but the lawn is approximately
5 metres wide by 4 metres long and was sparsely covered with grass. The amount I award for this reflects what I consider to be a reasonable cost in returning a very small courtyard to a reasonable condition.
The amounts ordered are proved. Letting fee
The landlord has claimed $250.00 for the listing fee with Trade Me and $46.00 for tenant-checking the next tenant. These are reasonable costs, but I note the tenancy had already run two-thirds of its course and the landlord would have been subject to these full amounts in four months’ time if the fixed-term tenancy had run its full course. I therefore reduce the amounts to reflect the true cost to the landlord, without penalising the tenant, given that most of the tenancy had already passed.
Both parties have been partially successful in their applications, and I do not award reimbursement of the filing fee to either party.

Tenancy Tribunal case 4681392 — Rent arrears at Unit/Flat 1, 90 Titirangi Road, New Lynn, Auckland 0600

At a glance

Tenancy Tribunal case 4681392 — Rent arrears at Unit/Flat 1, 90 Titirangi Road, New Lynn, Auckland 0600

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions