What was Tenancy Tribunal case 4722650 about?

The tribunal order states: Kelematina Faapepele Kalolo Solomona Tutau must pay [The landlord/s]

How much money was awarded in case 4722650?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,888.93 awarded to landlord; Water Rates: $170.17 awarded to landlord

What type of tenancy dispute was case 4722650?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4722650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9896625-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4722650 about?

The tribunal order states: Kelematina Faapepele Kalolo Solomona Tutau must pay [The landlord/s]

How much money was awarded in case 4722650?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,888.93 awarded to landlord; Water Rates: $170.17 awarded to landlord

What type of tenancy dispute was case 4722650?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4722650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9896625-Tribunal_Order_Redacted.pdf.

Unit/Flat A, 24 Rapson Road, Otara, Auckland 2023 Tenancy Tribunal Case 4722650 — Rent arrears

Claims and awards in Tenancy Tribunal application 4722650 — net $3,639.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,888.93	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$170.17	Water rates
Net award	$3,639.54
Total payable by Tenant to Landlord	$3,639.54

Order

Kelematina Faapepele Kalolo Solomona Tutau must pay [The landlord/s] $3,639.54 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,440.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord sought rent arrears and water rates after a previous order returned possession.
This tenancy commenced 23 October 2023. Prior to the end of that fixed term there was a change in property manager. The original tenancy agreement at some stage had been amended with a single line that noted the tenancy was to extend for a further one-year fixed term to end 23 October 2024. That addition to the tenancy agreement was not initialled nor was there any supporting evidence that the extension was mutually agreed. Compounding the confusion was an email in September 2023 from the previous property manager to the tenant that confirmed the fixed term tenancy would end on 23 October 2023 of the tenants wanted that.
The tenants were advised in that same email that they should advise the new property manager that they wanted to end on 23 October 2023. The tenants failed to send an email in a timely manner and it was approximately one month later and one week before they moved out that the current property manager was informed the tenants intention to leave at the end of the fixed term.
That was insufficient notice and the tenant acknowledged her failure with regard to this.
Having heard from both parties I do not find it established that this can be considered a fixed term that would bind the tenant to 23 October 2024. Given that I was left to determine an appropriate rent arrears. The tenants had failed to return the key to the landlord after the exit on 23 October 2023. The landlord spoke of a number of promises to return the key but for various reasons that did not eventuate until after the first order was made by myself on 12 December 2023.
The landlord submitted an updated rent summary that sought rent arrears to 12 December 2023. A new tenancy formed in January 2024.
The claim for rent has some merit. The tenants failed to take timely steps after they left to get the key back to the landlord. However, as I raised at the hearing, I was surprised that no other key was available to the landlord. Given the knowledge that the tenants had vacated I am also mindful that the landlord might have mitigated the extended period of no reletting activity after 23 October 2023 through expected access to a master key or use of a locksmith, given it appears possession was not dispute (see s 49 Residential Tenancies Act 1986 “RTA”).
Balancing the respective points above I have determined an appropriate date to end tenant rent liability is 20 November 2023. In setting that date I have applied 28 days rent in lieu of notice after 23 October 2023. I accept some confusion originated from during the first property management tenure.
The landlord also submitted water rates. These are accepted up to and including the November 2023 invoice which was an actual read rather than the prior month estimate. Curiously the actual read and January 2024 show significant water consumption that does not align with the lack of occupancy during this period. I do not consider the tenant liability for water extends to the period from December 2023 onwards. Therefore, I order water arrears of $170.17 to be paid.
In making the above determinations I have also considered section 85 RTA which provides that the Tribunal shall determine a dispute according to the substantial merits and justice of the case and in doing so, shall have regard for the law but shall not be bound to give legal effect to strict legal rights or obligations or to legal forms or technicalities. This provision recognises that, although applying established legal principles will generally produce a fair result, there are circumstances where it will not. In this situation, the Tribunal is entitled to depart from the strict application of the law to achieve a just outcome. Equally, where the law is uncertain, the Tribunal may adapt an approach that best meets the merits and justice of the case. Filing Fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression in its application. As it has been substantially successful, suppression is ordered.

Claims and awards in Tenancy Tribunal application 4722650 — net $3,639.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,888.93	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$170.17	Water rates
Net award	$3,639.54
Total payable by Tenant to Landlord	$3,639.54

Order

Kelematina Faapepele Kalolo Solomona Tutau must pay [The landlord/s] $3,639.54 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,440.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord sought rent arrears and water rates after a previous order returned possession.
This tenancy commenced 23 October 2023. Prior to the end of that fixed term there was a change in property manager. The original tenancy agreement at some stage had been amended with a single line that noted the tenancy was to extend for a further one-year fixed term to end 23 October 2024. That addition to the tenancy agreement was not initialled nor was there any supporting evidence that the extension was mutually agreed. Compounding the confusion was an email in September 2023 from the previous property manager to the tenant that confirmed the fixed term tenancy would end on 23 October 2023 of the tenants wanted that.
The tenants were advised in that same email that they should advise the new property manager that they wanted to end on 23 October 2023. The tenants failed to send an email in a timely manner and it was approximately one month later and one week before they moved out that the current property manager was informed the tenants intention to leave at the end of the fixed term.
That was insufficient notice and the tenant acknowledged her failure with regard to this.
Having heard from both parties I do not find it established that this can be considered a fixed term that would bind the tenant to 23 October 2024. Given that I was left to determine an appropriate rent arrears. The tenants had failed to return the key to the landlord after the exit on 23 October 2023. The landlord spoke of a number of promises to return the key but for various reasons that did not eventuate until after the first order was made by myself on 12 December 2023.
The landlord submitted an updated rent summary that sought rent arrears to 12 December 2023. A new tenancy formed in January 2024.
The claim for rent has some merit. The tenants failed to take timely steps after they left to get the key back to the landlord. However, as I raised at the hearing, I was surprised that no other key was available to the landlord. Given the knowledge that the tenants had vacated I am also mindful that the landlord might have mitigated the extended period of no reletting activity after 23 October 2023 through expected access to a master key or use of a locksmith, given it appears possession was not dispute (see s 49 Residential Tenancies Act 1986 “RTA”).
Balancing the respective points above I have determined an appropriate date to end tenant rent liability is 20 November 2023. In setting that date I have applied 28 days rent in lieu of notice after 23 October 2023. I accept some confusion originated from during the first property management tenure.
The landlord also submitted water rates. These are accepted up to and including the November 2023 invoice which was an actual read rather than the prior month estimate. Curiously the actual read and January 2024 show significant water consumption that does not align with the lack of occupancy during this period. I do not consider the tenant liability for water extends to the period from December 2023 onwards. Therefore, I order water arrears of $170.17 to be paid.
In making the above determinations I have also considered section 85 RTA which provides that the Tribunal shall determine a dispute according to the substantial merits and justice of the case and in doing so, shall have regard for the law but shall not be bound to give legal effect to strict legal rights or obligations or to legal forms or technicalities. This provision recognises that, although applying established legal principles will generally produce a fair result, there are circumstances where it will not. In this situation, the Tribunal is entitled to depart from the strict application of the law to achieve a just outcome. Equally, where the law is uncertain, the Tribunal may adapt an approach that best meets the merits and justice of the case. Filing Fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression in its application. As it has been substantially successful, suppression is ordered.

Tenancy Tribunal case 4722650 — Rent arrears at Unit/Flat A, 24 Rapson Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4722650 — Rent arrears at Unit/Flat A, 24 Rapson Road, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions