What was Tenancy Tribunal case 4782794 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4782794?

Compensation: $287.50 awarded to landlord; Compensation: $862.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $642.86 awarded to landlord

What type of tenancy dispute was case 4782794?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4782794?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10202235-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4782794 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4782794?

Compensation: $287.50 awarded to landlord; Compensation: $862.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $642.86 awarded to landlord

What type of tenancy dispute was case 4782794?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4782794?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10202235-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4782794 — Rent arrears

Claims and awards in Tenancy Tribunal application 4782794. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$642.86	Rent arrears
Compensation - advertising	$287.50	Compensation - advertising
Compensation - letting fee	$862.50	Compensation - letting fee
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 12 am, 23 January 2024.
The Bond Centre is to pay the bond of $1,813.30 ([Bond number suppressed]) to [The landlord/s] immediately calculated as shown in the table below.

Reasons

The hearing was held on 12 April 2024.
[The landlord’s representative/s] attended the hearing as the agent for the landlord.
[The tenant/s] attended the hearing with her husband, [The tenant’s husband] (herewith [The tenant’s family]).
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
This matter pertains to a disagreement between [The tenant’s family] and their landlord concerning the refund of their bond and two weeks' rent.
[The landlord’s representative/s] applied for an order to release a portion of the bond, while [The tenant’s family] cross-applied for the refund of the bond and two weeks' rent.
The landlord refused to refund the full amount because [The tenant’s family] signed a fixed-term tenancy agreement starting from 3 January 2024 to 3 February 2025 on 20 December 2023, but later refused to take possession of the property.
However, [The tenant’s family] believes that the landlord should refund the bond and two weeks' rent in full, totalling $4,500. The bond is $3,000, and the two weeks' rent is $1,500 ($750 per week). Was there a legal basis for [The tenant’s family] not to honour the agreement? The landlord’s position
[The tenant’s family] signed the contract agreeing to the 3 rd January 2024 move-in date after [The landlord’s representative/s] informed them about needing to change from the original 27 th December 220237 date. [The landlord’s representative/s] argues that by signing it, [The tenant’s husband] consented to the date change.
Any issues [The tenant’s family] raised about problems with the house are separate matters and not reasons to terminate the contract.
[The tenant’s family] signed the tenancy agreement, agreeing to move in on 3rd January 2024. This was after [The landlord’s representative/s] informed them that the original move-in date of 27th December 2023 needed to change. By signing the contract with the 3 January 2024 move-in date, [The landlord’s representative/s] argues [The tenant’s husband] consented to and agreed to that date.
In [The landlord’s representative/s]'s view, any issues [The tenant’s family] raised about the house (like cleanliness or garage door issues) are separate matters. She argued that the landlord would fix them and that [The tenant’s husband] should have moved in on 3 rd January 2024 as contracted and then filed complaints to get those problems addressed.
In summary, [The landlord’s representative/s]'s main point was that [The tenant’s husband] agreed to the 3 rd January 2024 date in the signed tenancy agreement, so by refusing to move in on that date, she believes [The tenant’s family] breached the agreement.
[The landlord’s representative/s] provided me with a chronology of events: a. On 5 th December 2023, the house was advertised for rent; b. On 7 th December 2023, a friend of [The tenant’s family] contacted [The landlord’s representative/s], expressing interest in renting the house. c. On 11 th December 2023, [The landlord’s representative/s] sent an offer letter to [The tenant’s family]. d. On 12 th December 2023, [The landlord’s representative/s] received bond money and two weeks' rent from [The tenant’s family]. e. After receiving payment, [The landlord’s representative/s] realised the move-in date was incorrect in the system and called [The tenant’s family] to change it. [The tenant’s family] was then put on notice. f. On 19 th December 2023: [The tenant’s family] visited the house. g. On 21 st December 2023: [The tenant’s family] signed a fixed-term tenancy agreement. h. On 29 th December 2023: [The tenant’s family] visited the house, expressed issues that needed fixing. i. On 3 rd January 2024: [The tenant’s family] did not take possession of the property.
[The landlord’s representative/s] acknowledged that telling [The tenant’s family] they could move in on 27 th December 2023 was a mistake. She argued that [The tenant’s family] signed the tenancy agreement with the 3 rd January 2024 move-in date, after being informed the date needed to change. By signing it, [The landlord’s representative/s] asserts that [The tenant’s family] agreed to and consented to the new move-in date. [The tenant’s family]’s position
There were a few key reasons why [The tenant’s family] did not take possession of the rental property. a. Safety issues with the garage door—[The tenant’s husband] highlighted that the garage door did not close properly and had been having issues for over 2-3 years. He expressed concerns over the safety hazard this posed. b. Cleanliness issues inside the home—After viewing the property, [The tenant’s family] noted stains on the carpet, dust, scratches on the walls, and an overall unclean interior. c. Problems with some appliances/fixtures - [The tenant’s family] stated issues with the oven, dishwasher, awning thermostat, and lighting fixtures. d. Dissatisfaction with the responsiveness of the rental agent/landlord – [The tenant’s family] referenced making requests to fix the above issues, provide a repair timeline, and contacting the landlord. He expressed dissatisfaction with the response and fixes provided.
[The tenant’s family] submitted factors below that led them to sign the tenancy agreement: a. They were anxious to find housing soon after arriving in New Zealand. b. [The tenant’s family]’s friend visited the rental property and showed videos and photos to them when they were still [overseas]. c. [The landlord’s representative/s] had initially told them they could move in on 27 th December 2023, and they paid bond money and 2 weeks rent before being informed of the date change. d. By the time [The landlord’s representative/s] notified them that the move-in date had to be changed to 3 rd January 2024, [The tenant’s family] felt it was too late to find alternative housing, given they needed housing sorted as their child was about to start school, and had already invested money into this rental. e. Though unhappy with having to delay move-in, [The tenant’s family] ultimately consented and signed the tenancy agreement with a start date of 3 January 2024. My view
There is no dispute that the parties executed an agreement. [The tenant’s family] signed the agreement on 20 December 2023, knowing the fixed-term tenancy would commence on 3 January 2024. [The tenant’s family] did not raise any issues about the commencement of the fixed-term tenancy. [The landlord’s representative/s], on behalf of the landlord, signed the agreement on 21 December 2023.
A lawfully binding tenancy agreement was formed when [The landlord’s representative/s] counter-signed the agreement on 21 December 2023.
The issues raised by [The tenant’s family] after signing the tenancy agreement were irrelevant to whether the agreement was binding on the parties. The issues [The tenant’s family] identified would need to be addressed after they brought them to [The landlord’s representative/s]’s attention.
Accordingly, I find the parties executed a lawfully binding tenancy agreement for a fixed term from 3 January 2024 to 3 February 2025. Rent arrears and damage sought.
[The landlord’s representative/s] is seeking rent arrears for the period between 3 January 2024, and 22 January 2024, which amounts to $642.86 after the two weeks' rent credit.
However, due to [The tenant’s family]'s failure to fulfil their part of the bargain, [The landlord’s representative/s]'s client had to pay for advertising and letting fees, which cost $287.50 and $862.50, respectively, to mitigate the loss as required by section 49 of the Residential Tenancies Act 1986d.
My view is that [The tenant’s family]'s failure to take possession of the property caused the landlord to advertise and pay [The landlord’s representative/s] to relet the property. Therefore, [The tenant’s family] is responsible for the following payments. a. Rent Arrears: $642.86 b. Advertising: $287.50 c. Letting fee: $862.50 Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
[The tenant’s family] began searching for a rental property before they arrived in New Zealand. Due to their lack of experience and unfamiliarity with New Zealand laws, they found themselves in a difficult situation, which has been an expensive lesson for them.
Although [The tenant’s family]'s situation is not of public interest, I have concerns that if their name is not suppressed, they may encounter difficulties finding a suitable property if they decide to move.
Therefore, I order the suppression of both parties' names and identifying particulars under sections 95A(1) and (4) of the Residential Tenancies Act.

Claims and awards in Tenancy Tribunal application 4782794. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$642.86	Rent arrears
Compensation - advertising	$287.50	Compensation - advertising
Compensation - letting fee	$862.50	Compensation - letting fee
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 12 am, 23 January 2024.
The Bond Centre is to pay the bond of $1,813.30 ([Bond number suppressed]) to [The landlord/s] immediately calculated as shown in the table below.

Reasons

The hearing was held on 12 April 2024.
[The landlord’s representative/s] attended the hearing as the agent for the landlord.
[The tenant/s] attended the hearing with her husband, [The tenant’s husband] (herewith [The tenant’s family]).
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
This matter pertains to a disagreement between [The tenant’s family] and their landlord concerning the refund of their bond and two weeks' rent.
[The landlord’s representative/s] applied for an order to release a portion of the bond, while [The tenant’s family] cross-applied for the refund of the bond and two weeks' rent.
The landlord refused to refund the full amount because [The tenant’s family] signed a fixed-term tenancy agreement starting from 3 January 2024 to 3 February 2025 on 20 December 2023, but later refused to take possession of the property.
However, [The tenant’s family] believes that the landlord should refund the bond and two weeks' rent in full, totalling $4,500. The bond is $3,000, and the two weeks' rent is $1,500 ($750 per week). Was there a legal basis for [The tenant’s family] not to honour the agreement? The landlord’s position
[The tenant’s family] signed the contract agreeing to the 3 rd January 2024 move-in date after [The landlord’s representative/s] informed them about needing to change from the original 27 th December 220237 date. [The landlord’s representative/s] argues that by signing it, [The tenant’s husband] consented to the date change.
Any issues [The tenant’s family] raised about problems with the house are separate matters and not reasons to terminate the contract.
[The tenant’s family] signed the tenancy agreement, agreeing to move in on 3rd January 2024. This was after [The landlord’s representative/s] informed them that the original move-in date of 27th December 2023 needed to change. By signing the contract with the 3 January 2024 move-in date, [The landlord’s representative/s] argues [The tenant’s husband] consented to and agreed to that date.
In [The landlord’s representative/s]'s view, any issues [The tenant’s family] raised about the house (like cleanliness or garage door issues) are separate matters. She argued that the landlord would fix them and that [The tenant’s husband] should have moved in on 3 rd January 2024 as contracted and then filed complaints to get those problems addressed.
In summary, [The landlord’s representative/s]'s main point was that [The tenant’s husband] agreed to the 3 rd January 2024 date in the signed tenancy agreement, so by refusing to move in on that date, she believes [The tenant’s family] breached the agreement.
[The landlord’s representative/s] provided me with a chronology of events: a. On 5 th December 2023, the house was advertised for rent; b. On 7 th December 2023, a friend of [The tenant’s family] contacted [The landlord’s representative/s], expressing interest in renting the house. c. On 11 th December 2023, [The landlord’s representative/s] sent an offer letter to [The tenant’s family]. d. On 12 th December 2023, [The landlord’s representative/s] received bond money and two weeks' rent from [The tenant’s family]. e. After receiving payment, [The landlord’s representative/s] realised the move-in date was incorrect in the system and called [The tenant’s family] to change it. [The tenant’s family] was then put on notice. f. On 19 th December 2023: [The tenant’s family] visited the house. g. On 21 st December 2023: [The tenant’s family] signed a fixed-term tenancy agreement. h. On 29 th December 2023: [The tenant’s family] visited the house, expressed issues that needed fixing. i. On 3 rd January 2024: [The tenant’s family] did not take possession of the property.
[The landlord’s representative/s] acknowledged that telling [The tenant’s family] they could move in on 27 th December 2023 was a mistake. She argued that [The tenant’s family] signed the tenancy agreement with the 3 rd January 2024 move-in date, after being informed the date needed to change. By signing it, [The landlord’s representative/s] asserts that [The tenant’s family] agreed to and consented to the new move-in date. [The tenant’s family]’s position
There were a few key reasons why [The tenant’s family] did not take possession of the rental property. a. Safety issues with the garage door—[The tenant’s husband] highlighted that the garage door did not close properly and had been having issues for over 2-3 years. He expressed concerns over the safety hazard this posed. b. Cleanliness issues inside the home—After viewing the property, [The tenant’s family] noted stains on the carpet, dust, scratches on the walls, and an overall unclean interior. c. Problems with some appliances/fixtures - [The tenant’s family] stated issues with the oven, dishwasher, awning thermostat, and lighting fixtures. d. Dissatisfaction with the responsiveness of the rental agent/landlord – [The tenant’s family] referenced making requests to fix the above issues, provide a repair timeline, and contacting the landlord. He expressed dissatisfaction with the response and fixes provided.
[The tenant’s family] submitted factors below that led them to sign the tenancy agreement: a. They were anxious to find housing soon after arriving in New Zealand. b. [The tenant’s family]’s friend visited the rental property and showed videos and photos to them when they were still [overseas]. c. [The landlord’s representative/s] had initially told them they could move in on 27 th December 2023, and they paid bond money and 2 weeks rent before being informed of the date change. d. By the time [The landlord’s representative/s] notified them that the move-in date had to be changed to 3 rd January 2024, [The tenant’s family] felt it was too late to find alternative housing, given they needed housing sorted as their child was about to start school, and had already invested money into this rental. e. Though unhappy with having to delay move-in, [The tenant’s family] ultimately consented and signed the tenancy agreement with a start date of 3 January 2024. My view
There is no dispute that the parties executed an agreement. [The tenant’s family] signed the agreement on 20 December 2023, knowing the fixed-term tenancy would commence on 3 January 2024. [The tenant’s family] did not raise any issues about the commencement of the fixed-term tenancy. [The landlord’s representative/s], on behalf of the landlord, signed the agreement on 21 December 2023.
A lawfully binding tenancy agreement was formed when [The landlord’s representative/s] counter-signed the agreement on 21 December 2023.
The issues raised by [The tenant’s family] after signing the tenancy agreement were irrelevant to whether the agreement was binding on the parties. The issues [The tenant’s family] identified would need to be addressed after they brought them to [The landlord’s representative/s]’s attention.
Accordingly, I find the parties executed a lawfully binding tenancy agreement for a fixed term from 3 January 2024 to 3 February 2025. Rent arrears and damage sought.
[The landlord’s representative/s] is seeking rent arrears for the period between 3 January 2024, and 22 January 2024, which amounts to $642.86 after the two weeks' rent credit.
However, due to [The tenant’s family]'s failure to fulfil their part of the bargain, [The landlord’s representative/s]'s client had to pay for advertising and letting fees, which cost $287.50 and $862.50, respectively, to mitigate the loss as required by section 49 of the Residential Tenancies Act 1986d.
My view is that [The tenant’s family]'s failure to take possession of the property caused the landlord to advertise and pay [The landlord’s representative/s] to relet the property. Therefore, [The tenant’s family] is responsible for the following payments. a. Rent Arrears: $642.86 b. Advertising: $287.50 c. Letting fee: $862.50 Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
[The tenant’s family] began searching for a rental property before they arrived in New Zealand. Due to their lack of experience and unfamiliarity with New Zealand laws, they found themselves in a difficult situation, which has been an expensive lesson for them.
Although [The tenant’s family]'s situation is not of public interest, I have concerns that if their name is not suppressed, they may encounter difficulties finding a suitable property if they decide to move.
Therefore, I order the suppression of both parties' names and identifying particulars under sections 95A(1) and (4) of the Residential Tenancies Act.

Tenancy Tribunal case 4782794 — Rent arrears

At a glance

Tenancy Tribunal case 4782794 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions