What was Tenancy Tribunal case 4755751 about?

The tribunal order states: Patrick O'Connor must pay [The landlord/s] $1,385.16 immediately, calculated

How much money was awarded in case 4755751?

Break Lease Fee: $600.00 awarded to landlord; Cleaning: $420.89 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $109.25 awarded to landlord; Property Damage: $125.00 awarded to landlord; Rent Arrears: $1,967.58 awarded to landlord; Replace Food Scrap Bin: $22.00 awarded to landlord

What type of tenancy dispute was case 4755751?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4755751?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10221337-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4755751 about?

The tribunal order states: Patrick O'Connor must pay [The landlord/s] $1,385.16 immediately, calculated

How much money was awarded in case 4755751?

Break Lease Fee: $600.00 awarded to landlord; Cleaning: $420.89 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $109.25 awarded to landlord; Property Damage: $125.00 awarded to landlord; Rent Arrears: $1,967.58 awarded to landlord; Replace Food Scrap Bin: $22.00 awarded to landlord

What type of tenancy dispute was case 4755751?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4755751?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10221337-Tribunal_Order_Redacted.pdf.

5 Northview Lane, Nawton, Hamilton 3200 Tenancy Tribunal Case 4755751 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4755751 — net $1,385.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 November 2023	$1,967.58	Rent arrears to 16 November 2023
Cleaning	$420.89	Cleaning
Lawns and Garden work	$109.25	Lawns and Garden work
Lock/key replacement	$125.00	Lock/key replacement
Replace food scrap bin	$22.00	Replace food scrap bin
Break Lease fee	$600.00	Break Lease fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,385.16
Total payable by Tenant to Landlord	$1,385.16

The landlord attended the hearing but the tenant did not attend.

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 tenancy was a fixed term tenancy commencing on 22 December 2022 and due to expire on 20 December 2023. The tenant mentioned to the landlord that he was looking at leaving but did not request to have the tenancy end early. All communication from the tenant stopped. The tenant stopped paying rent from the rent commencing 19 October 2023, then advised he had left the premises to move to another region.

The landlord agreed to the tenancy ending on the basis that the tenant was liable for rent until a new tenancy ended and to pay reasonable costs associated with breaking the fixed term. A new tenancy commenced on 17 November 2023 and this tenancy ended on 16 November 2023.

How much is owed for rent?

The tenant is liable for rent to 16 November 2023, being the day before the new tenancy started. The landlord provided rent records which prove the amount owing at the end of the tenancy.

A previous mediated order (application 4521993) for rent arrears was sealed on 28 March 2023. The rent ordered under this order does not include any rent ordered under the mediator’s order.

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 (RTA).

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The lawns required mowing and the gardens weeding.

The key to the garage roller door was broken off in the lock and required removal. A replacement key was provided.

The food scraps bin was missing at the end of the tenancy.

The amounts ordered are proved.

How much is owing for the costs of terminating the fixed term early?

Section 44A, RTA allows the landlord to claim any expenses reasonably incurred in finding a new tenant where the landlord agrees to the tenancy ending early or where the tenant surrenders up vacant position of the tenancy with the landlord’s consent. A landlord seeking to recover such expenses must first provide the tenant with an itemised account of the expenses.

The landlord seeks $887.50 for costs relating to early termination of the tenancy and finding a replacement tenant as detailed in the account sent to the tenant.

In considering whether the costs claimed are reasonable I have considered that the tenancy had another 9 weeks to run before the fixed term was due to expire when the tenant stopped paying rent and moved out. The expenses claimed would have inevitably been incurred by the landlord in obtaining new tenants at the end of the fixed term. For example, the property would have been advertised, reference checks for new tenants would have been carried out, viewings held and a new tenancy agreement signed up and loaded into the landlord’s system.

This is not a situation where the tenancy was ending months before the end of the fixed term. Had that been the case the expenses claimed would have been incurred well before they otherwise may have been and in my view more of the expenses claimed may have been reasonable.

In the circumstances, with 9 weeks to run, it seems that the expenses sought from the departing tenant are costs that would normally be those incurred by the landlord. That is, the property manager would charge those costs to the landlord under its management agreement.

For this reason I do not consider that it would be reasonable for the tenant to pay the total break fee costs claimed. However that does not mean that the tenant is not liable for a contribution towards these costs. In considering the particular circumstances of this matter, including the high costs of advertising claimed, and general break fee costs claims that come before the Tribunal I find a global award of $600.00 is reasonable.

For completeness I note that at the hearing I raised the higher than usual costs of advertising claimed, and that a contribution towards the advertising would be reasonable. After the hearing on reflection I consider a contribution of all costs is reasonable given the tenant departed 9 weeks out from the end of the tenancy.

Filing Fee: As the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Suppression: The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that a 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 1 . The landlord is the successful party and has requested name suppression.

Claims and awards in Tenancy Tribunal application 4755751 — net $1,385.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 November 2023	$1,967.58	Rent arrears to 16 November 2023
Cleaning	$420.89	Cleaning
Lawns and Garden work	$109.25	Lawns and Garden work
Lock/key replacement	$125.00	Lock/key replacement
Replace food scrap bin	$22.00	Replace food scrap bin
Break Lease fee	$600.00	Break Lease fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,385.16
Total payable by Tenant to Landlord	$1,385.16

Order

Patrick O'Connor must pay [The landlord/s] $1,385.16 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,880.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing but the tenant did not attend.
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 tenancy was a fixed term tenancy commencing on 22 December 2022 and due to expire on 20 December 2023. The tenant mentioned to the landlord that he was looking at leaving but did not request to have the tenancy end early. All communication from the tenant stopped. The tenant stopped paying rent from the rent commencing 19 October 2023, then advised he had left the premises to move to another region.
The landlord agreed to the tenancy ending on the basis that the tenant was liable for rent until a new tenancy ended and to pay reasonable costs associated with breaking the fixed term. A new tenancy commenced on 17 November 2023 and this tenancy ended on 16 November 2023.

How much is owed for rent?

The tenant is liable for rent to 16 November 2023, being the day before the new tenancy started. The landlord provided rent records which prove the amount owing at the end of the tenancy.
A previous mediated order (application 4521993) for rent arrears was sealed on 28 March 2023. The rent ordered under this order does not include any rent ordered under the mediator’s order.

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The lawns required mowing and the gardens weeding.
The key to the garage roller door was broken off in the lock and required removal. A replacement key was provided.
The food scraps bin was missing at the end of the tenancy.
The amounts ordered are proved.

How much is owing for the costs of terminating the fixed term early?

Section 44A, RTA allows the landlord to claim any expenses reasonably incurred in finding a new tenant where the landlord agrees to the tenancy ending early or where the tenant surrenders up vacant position of the tenancy with the landlord’s consent. A landlord seeking to recover such expenses must first provide the tenant with an itemised account of the expenses.
The landlord seeks $887.50 for costs relating to early termination of the tenancy and finding a replacement tenant as detailed in the account sent to the tenant.
In considering whether the costs claimed are reasonable I have considered that the tenancy had another 9 weeks to run before the fixed term was due to expire when the tenant stopped paying rent and moved out. The expenses claimed would have inevitably been incurred by the landlord in obtaining new tenants at the end of the fixed term. For example, the property would have been advertised, reference checks for new tenants would have been carried out, viewings held and a new tenancy agreement signed up and loaded into the landlord’s system.
This is not a situation where the tenancy was ending months before the end of the fixed term. Had that been the case the expenses claimed would have been incurred well before they otherwise may have been and in my view more of the expenses claimed may have been reasonable.
In the circumstances, with 9 weeks to run, it seems that the expenses sought from the departing tenant are costs that would normally be those incurred by the landlord. That is, the property manager would charge those costs to the landlord under its management agreement.
For this reason I do not consider that it would be reasonable for the tenant to pay the total break fee costs claimed. However that does not mean that the tenant is not liable for a contribution towards these costs. In considering the particular circumstances of this matter, including the high costs of advertising claimed, and general break fee costs claims that come before the Tribunal I find a global award of $600.00 is reasonable.
For completeness I note that at the hearing I raised the higher than usual costs of advertising claimed, and that a contribution towards the advertising would be reasonable. After the hearing on reflection I consider a contribution of all costs is reasonable given the tenant departed 9 weeks out from the end of the tenancy.
Filing Fee: As the landlord has wholly succeeded with the claim I must reimburse the filing fee.
Suppression: The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that a 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 1 . The landlord is the successful party and has requested name suppression.

Tenancy Tribunal case 4755751 — Rent arrears at 5 Northview Lane, Nawton, Hamilton 3200

At a glance

Tenancy Tribunal case 4755751 — Rent arrears at 5 Northview Lane, Nawton, Hamilton 3200

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?

How much is owing for the costs of terminating the fixed term early?

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?

How much is owing for the costs of terminating the fixed term early?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions