What was Tenancy Tribunal case 4723609 about?

The tribunal order states: Candice Samuel and Wesley Samuel must pay [The landlord/s] $6,088.97

How much money was awarded in case 4723609?

Advertising: $269.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Loss To 12/10/2023: $8,325.00 awarded to landlord; Water Rates: $249.53 awarded to landlord

What type of tenancy dispute was case 4723609?

The dispute type was not classified.

Where can I read the official tribunal order for case 4723609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9777071-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4723609 about?

The tribunal order states: Candice Samuel and Wesley Samuel must pay [The landlord/s] $6,088.97

How much money was awarded in case 4723609?

Advertising: $269.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Loss To 12/10/2023: $8,325.00 awarded to landlord; Water Rates: $249.53 awarded to landlord

What type of tenancy dispute was case 4723609?

The dispute type was not classified.

Where can I read the official tribunal order for case 4723609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9777071-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 160 Lake Road, Belmont, Auckland 0622 Tenancy Tribunal Case 4723609 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4723609 — net $6,088.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent loss to 12/10/2023	$8,325.00	Rent loss to 12/10/2023
Water rates	$249.53	Water rates
Advertising	$269.00	Advertising
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,088.97
Total payable by Tenant to Landlord	$6,088.97

The landlord’s representative and both named tenants attended the hearing by video link today.

The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The landlord provided evidence that:- a. the tenants signed a fixed term tenancy agreement commencing on 10 February 2023 and ending on 10 February 2025, and b. the tenants gave written notice on 31 July 2023 that they intended to move out of the premises on 16 August 2023 as they were relocating out of Auckland.

The tenants confirmed the above evidence and said that they moved out and returned the keys to the landlord on 18 August 2023.

The tenants also say that they had other reasons for leaving the premises and that the emails provided by the landlord do not tell the full story. However, they have not made their own application to the Tribunal so any reasons for doing so cannot be considered. They say that they were aware that they could make an application but have not done so.

The Tribunal may reduce a fixed term tenancy where a tenant makes an application and there has been an unforeseen change in the applicant’s circumstances, and there would be severe hardship to the applicant if the term is not reduced which is greater than the hardship to the other party if the term is reduced. See section 66(1) RTA. Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) RTA.

A fixed term tenancy is a binding contract. It is a promise by a landlord to provide the premises for the full term and by the tenants to pay rent until the end date. It cannot be ended by giving notice.

There is no written evidence that the landlord agreed to waive any rent due under the contract. To the contrary, an email from the landlord to the tenants a few hours after receiving their email on 31 July 2023 says: “... you will however remain responsible for rental and outgoings (power and water rates) until such time as we are able to find an acceptable tenant”

The landlord verified today that new tenants were found as from 1 December 2023.

The landlord claims lost rent for a period of 8 weeks after possession was returned which is up to 12 October 2023. I agree that this is a reasonable timeframe in the circumstances and award the claim.

The landlord provided rent records and water rates invoices. I award the rent owing of $8,325.00. As discussed in the hearing, I have deducted the fixed water charges from the two water invoices and award $249.53.

Fixed water charges are payable by the landlord because these are incurred whether or not the premises are occupied and do not relate to the amount of water used; see s39(1)(a) and (3) RTA. If the tenants have paid the fixed charges in the past, then they may calculate how much the landlord should refund to them and ask that this be deducted from the amount owing under this order.

I also award the landlord the receipted amount paid to advertise the premises for rent which is $269.00. This is an expense directly related to the early ending of the tenancy.

The landlord has wholly succeeded with the claim so I must award the filing fee and suppress its name, as applied for.

The bond is refunded to the landlord.

Claims and awards in Tenancy Tribunal application 4723609 — net $6,088.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent loss to 12/10/2023	$8,325.00	Rent loss to 12/10/2023
Water rates	$249.53	Water rates
Advertising	$269.00	Advertising
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,088.97
Total payable by Tenant to Landlord	$6,088.97

Order

Candice Samuel and Wesley Samuel must pay [The landlord/s] $6,088.97 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,775.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord’s representative and both named tenants attended the hearing by video link today.
The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord provided evidence that:- a. the tenants signed a fixed term tenancy agreement commencing on 10 February 2023 and ending on 10 February 2025, and b. the tenants gave written notice on 31 July 2023 that they intended to move out of the premises on 16 August 2023 as they were relocating out of Auckland.
The tenants confirmed the above evidence and said that they moved out and returned the keys to the landlord on 18 August 2023.
The tenants also say that they had other reasons for leaving the premises and that the emails provided by the landlord do not tell the full story. However, they have not made their own application to the Tribunal so any reasons for doing so cannot be considered. They say that they were aware that they could make an application but have not done so.
The Tribunal may reduce a fixed term tenancy where a tenant makes an application and there has been an unforeseen change in the applicant’s circumstances, and there would be severe hardship to the applicant if the term is not reduced which is greater than the hardship to the other party if the term is reduced. See section 66(1) RTA. Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) RTA.
A fixed term tenancy is a binding contract. It is a promise by a landlord to provide the premises for the full term and by the tenants to pay rent until the end date. It cannot be ended by giving notice.
There is no written evidence that the landlord agreed to waive any rent due under the contract. To the contrary, an email from the landlord to the tenants a few hours after receiving their email on 31 July 2023 says: “... you will however remain responsible for rental and outgoings (power and water rates) until such time as we are able to find an acceptable tenant”
The landlord verified today that new tenants were found as from 1 December 2023.
The landlord claims lost rent for a period of 8 weeks after possession was returned which is up to 12 October 2023. I agree that this is a reasonable timeframe in the circumstances and award the claim.
The landlord provided rent records and water rates invoices. I award the rent owing of $8,325.00. As discussed in the hearing, I have deducted the fixed water charges from the two water invoices and award $249.53.
Fixed water charges are payable by the landlord because these are incurred whether or not the premises are occupied and do not relate to the amount of water used; see s39(1)(a) and (3) RTA. If the tenants have paid the fixed charges in the past, then they may calculate how much the landlord should refund to them and ask that this be deducted from the amount owing under this order.
I also award the landlord the receipted amount paid to advertise the premises for rent which is $269.00. This is an expense directly related to the early ending of the tenancy.
The landlord has wholly succeeded with the claim so I must award the filing fee and suppress its name, as applied for.
The bond is refunded to the landlord.

Tenancy Tribunal case 4723609 — Tenancy dispute at Unit/Flat 2, 160 Lake Road, Belmont, Auckland 0622

At a glance

Tenancy Tribunal case 4723609 — Tenancy dispute at Unit/Flat 2, 160 Lake Road, Belmont, Auckland 0622

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions