What was the outcome of Tenancy Tribunal case 4693013?

The tribunal order states: Miao Chen and Wang Xiaoguang must pay Doubletree Properties Limited T/A

How much money was awarded in case 4693013?

Electricity Costs: $933.46 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,120.00 awarded to landlord

What type of tenancy dispute was case 4693013?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4693013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9601900-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4693013?

The tribunal order states: Miao Chen and Wang Xiaoguang must pay Doubletree Properties Limited T/A

How much money was awarded in case 4693013?

Electricity Costs: $933.46 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,120.00 awarded to landlord

What type of tenancy dispute was case 4693013?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4693013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9601900-Tenancy_Tribunal_Order.pdf.

Unit/Flat 701, 168 Taranaki Street, Te Aro, Wellington 6011 Tenancy Tribunal Case 4693013 — Rent arrears

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Unit/Flat 701, 168 Taranaki Street, Te Aro, Wellington 6011 Tenancy Tribunal Case 4693013 — 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 4693013 — net $993.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27/9/23	$2,120.00	Rent arrears to 27/9/23
Electricity costs	$933.46	Electricity costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$993.90
Total payable by Tenant to Landlord	$993.90

Claims and awards for application 4693013 — net $993.90 NZD. Verify on MoJ.

Rent arrears to 27/9/23

Amount: $2,120.00
Awarded to: Landlord
Reason: Rent arrears to 27/9/23

Electricity costs

Amount: $933.46
Awarded to: Landlord
Reason: Electricity costs

Filing fee reimbursement

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

Net award

Landlord $993.90

Total payable by Tenant to Landlord

Landlord $993.90

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Miao Chen and Wang Xiaoguang must pay Doubletree Properties Limited T/A Quinovic Property Management As Agent For Kc1 Properties Limited $993.90 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,080.00 (6149307-017) to Doubletree Properties Limited T/A Quinovic Property Management As Agent For Kc1 Properties Limited immediately.

Reasons

Both parties attended the hearing. Ms Hurst represented the landlord.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed?

This was a fixed term tenancy contracted to end in March 2024. In August 2023 the tenants advised the landlord that they wished to vacate earlier and a break lease agreement was reached. The landlord commenced advertising and a replacement tenancy was secured on 30 September.
In the meantime, the tenants had to return to China for personal and financial reasons. They paid rent until they vacated in early September but there are arrears for the following period. Ms Hurst seeks a rent arrears order to 27 September.
Mr Chen is apologetic about the situation but says his financial circumstances are such that he could not, and still cannot pay the arrears. He also did not consider that Quinovic took all reasonable steps to advertise the property and secure a replacement rental, and hence the arrears could have been less.
A fixed term tenancy is a contract between both parties, set for a period of time and not intended to be broken. If it is to be broken that must be by agreement or either party may apply to the Tribunal to end the tenancy early in accordance with s66 of the Residential Tenancies Act 1986 (“RTA”). The latter has not occurred here, but the parties have agreed to end the tenancy when a replacement was secured. It is an implied term of the agreement that the landlord would make reasonable efforts to obtain a replacement tenancy as soon as possible.
The evidence presented to me has not established that the landlord failed in their responsibility to take all reasonable efforts to secure another tenancy. They acted quickly in advertising the property the day agreement was reached, and on all accounts, diligently. The tenancy was replaced approximately six weeks later which is not an unreasonable amount of time.
Accordingly, I am satisfied that the tenants are required to pay rent until the 27 th . I also take into account that the landlord has acted reasonably in the circumstances by failing to charge a break lease fee or cleaning fee.
There is also a charge for electricity which is accepted by the tenants.
Whilst the tenants are in a stressful situation, for which I empathise, they were in a fixed term contract which did need to be honoured.
Because Doubletree Properties Limited T/A Quinovic Property Management As Agent For Kc1 Properties Limited has wholly succeeded with the claim I must reimburse 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 4693013 — net $993.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27/9/23	$2,120.00	Rent arrears to 27/9/23
Electricity costs	$933.46	Electricity costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$993.90
Total payable by Tenant to Landlord	$993.90

Claims and awards for application 4693013 — net $993.90 NZD. Verify on MoJ.

Rent arrears to 27/9/23

Amount: $2,120.00
Awarded to: Landlord
Reason: Rent arrears to 27/9/23

Electricity costs

Amount: $933.46
Awarded to: Landlord
Reason: Electricity costs

Filing fee reimbursement

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

Net award

Landlord $993.90

Total payable by Tenant to Landlord

Landlord $993.90

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Miao Chen and Wang Xiaoguang must pay Doubletree Properties Limited T/A Quinovic Property Management As Agent For Kc1 Properties Limited $993.90 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,080.00 (6149307-017) to Doubletree Properties Limited T/A Quinovic Property Management As Agent For Kc1 Properties Limited immediately.

Reasons

Both parties attended the hearing. Ms Hurst represented the landlord.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed?

This was a fixed term tenancy contracted to end in March 2024. In August 2023 the tenants advised the landlord that they wished to vacate earlier and a break lease agreement was reached. The landlord commenced advertising and a replacement tenancy was secured on 30 September.
In the meantime, the tenants had to return to China for personal and financial reasons. They paid rent until they vacated in early September but there are arrears for the following period. Ms Hurst seeks a rent arrears order to 27 September.
Mr Chen is apologetic about the situation but says his financial circumstances are such that he could not, and still cannot pay the arrears. He also did not consider that Quinovic took all reasonable steps to advertise the property and secure a replacement rental, and hence the arrears could have been less.
A fixed term tenancy is a contract between both parties, set for a period of time and not intended to be broken. If it is to be broken that must be by agreement or either party may apply to the Tribunal to end the tenancy early in accordance with s66 of the Residential Tenancies Act 1986 (“RTA”). The latter has not occurred here, but the parties have agreed to end the tenancy when a replacement was secured. It is an implied term of the agreement that the landlord would make reasonable efforts to obtain a replacement tenancy as soon as possible.
The evidence presented to me has not established that the landlord failed in their responsibility to take all reasonable efforts to secure another tenancy. They acted quickly in advertising the property the day agreement was reached, and on all accounts, diligently. The tenancy was replaced approximately six weeks later which is not an unreasonable amount of time.
Accordingly, I am satisfied that the tenants are required to pay rent until the 27 th . I also take into account that the landlord has acted reasonably in the circumstances by failing to charge a break lease fee or cleaning fee.
There is also a charge for electricity which is accepted by the tenants.
Whilst the tenants are in a stressful situation, for which I empathise, they were in a fixed term contract which did need to be honoured.
Because Doubletree Properties Limited T/A Quinovic Property Management As Agent For Kc1 Properties Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4693013 — Rent arrears at Unit/Flat 701, 168 Taranaki Street, Te Aro, Wellington 6011

At a glance

Tenancy Tribunal case 4693013 — Rent arrears at Unit/Flat 701, 168 Taranaki Street, Te Aro, Wellington 6011

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions