What was Tenancy Tribunal case 4796677 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,140.00 ([Bond number suppressed])

How much money was awarded in case 4796677?

Rent Arrears: $244.29 awarded to landlord

What type of tenancy dispute was case 4796677?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4796677?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10231309-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4796677 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,140.00 ([Bond number suppressed])

How much money was awarded in case 4796677?

Rent Arrears: $244.29 awarded to landlord

What type of tenancy dispute was case 4796677?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4796677?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10231309-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4796677 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4796677. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (24-27 December 2023	$244.29		Rent arrears (24-27 December 2023
Bond		$2,140.00

Both parties attended the hearing. Ms [M] and Ms [N] attended on behalf of the landlord.

The landlord has applied for rent arrears to 17 January 2024, compensation and reimbursement of the filing fee following the end of the tenancy.

The landlord provided rent records to show the amount due at 17 January 2024.

Both parties agreed that the rent was paid to 24 December 2024 and an additional cash payment of $550.00 was made by the tenant subsequently.

The initial tenancy agreement was a fixed term of one year from 17 January 2022.

A letter was sent to the tenant on 4 January 2023 asking if the tenant wished to renew the tenancy for a further 12 months. The tenant accepted the renewal and signed and returned the document.

Towards the end of 2023, the landlord advised the tenant that the rent for the following term was to increase. At this time the tenant decided not to continue with the tenancy and gave notice that he wished to leave the property.

The tenant gave 28 days’ notice as he considered that this was the required notice in the circumstances. The tenant said this is what he was told by the property manager.

The landlord confirmed that the tenancy did not have an end date in their system so looked like a periodic tenancy.

The landlord accepted the 28 days’ notice and gave the tenant the rent amount due to clear rent to that date (27 December 2023).

It later came to the landlord’s attention that the tenancy had, in fact, been renewed for a further fixed term. The tenant was advised of this and was also advised that break lease costs of between $500-$600 may be incurred as a consequence of ending the fixed term early. It was suggested he remain in the tenancy until the end of the fixed term to reduce these costs.

The tenant had relied on the original correspondence accepting his notice and had already signed up a new tenancy.

On receipt of this new information, the tenant attempted to change the start date of the new tenancy but was unable to do so.

The landlord began marketing the property. Both parties proceeded on the basis that the lease was being broken and acted accordingly.

The tenant paid the sum of $550 directly to the landlord as what he thought was a break lease payment.

The owner then decided that he wished to sell the property so the attempts to relet ceased.

I find that there was considerable miscommunication at the end of what had been a very satisfactory tenancy up to this point.

The tenant acted in good faith based on the information he received on each occasion.

He paid the amount requested of him to break the lease early and thought that was the end of the matter.

Given the miscommunication, which was relied on by the tenant when he signed up his new tenancy, I do not consider that the tenant should be liable for rent to the end of the fixed term.

The tenant accepts that he owes three day’s rent to the landlord.

The amount ordered is proved.

The landlord also claimed for a damaged sofa, but this claim was withdrawn at the hearing.

No fee reimbursement is ordered in this matter.

Claims and awards in Tenancy Tribunal application 4796677. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (24-27 December 2023	$244.29		Rent arrears (24-27 December 2023
Bond		$2,140.00

Order

The Bond Centre is to pay the bond of $2,140.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $244.29 [The tenant/s]: $1,895.71

Reasons

Both parties attended the hearing. Ms [M] and Ms [N] attended on behalf of the landlord.
The landlord has applied for rent arrears to 17 January 2024, compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord provided rent records to show the amount due at 17 January 2024.
Both parties agreed that the rent was paid to 24 December 2024 and an additional cash payment of $550.00 was made by the tenant subsequently.
The initial tenancy agreement was a fixed term of one year from 17 January 2022.
A letter was sent to the tenant on 4 January 2023 asking if the tenant wished to renew the tenancy for a further 12 months. The tenant accepted the renewal and signed and returned the document.
Towards the end of 2023, the landlord advised the tenant that the rent for the following term was to increase. At this time the tenant decided not to continue with the tenancy and gave notice that he wished to leave the property.
The tenant gave 28 days’ notice as he considered that this was the required notice in the circumstances. The tenant said this is what he was told by the property manager.
The landlord confirmed that the tenancy did not have an end date in their system so looked like a periodic tenancy.
The landlord accepted the 28 days’ notice and gave the tenant the rent amount due to clear rent to that date (27 December 2023).
It later came to the landlord’s attention that the tenancy had, in fact, been renewed for a further fixed term. The tenant was advised of this and was also advised that break lease costs of between $500-$600 may be incurred as a consequence of ending the fixed term early. It was suggested he remain in the tenancy until the end of the fixed term to reduce these costs.
The tenant had relied on the original correspondence accepting his notice and had already signed up a new tenancy.
On receipt of this new information, the tenant attempted to change the start date of the new tenancy but was unable to do so.
The landlord began marketing the property. Both parties proceeded on the basis that the lease was being broken and acted accordingly.
The tenant paid the sum of $550 directly to the landlord as what he thought was a break lease payment.
The owner then decided that he wished to sell the property so the attempts to relet ceased.
I find that there was considerable miscommunication at the end of what had been a very satisfactory tenancy up to this point.
The tenant acted in good faith based on the information he received on each occasion.
He paid the amount requested of him to break the lease early and thought that was the end of the matter.
Given the miscommunication, which was relied on by the tenant when he signed up his new tenancy, I do not consider that the tenant should be liable for rent to the end of the fixed term.
The tenant accepts that he owes three day’s rent to the landlord.
The amount ordered is proved.
The landlord also claimed for a damaged sofa, but this claim was withdrawn at the hearing.
No fee reimbursement is ordered in this matter.

Tenancy Tribunal case 4796677 — Rent arrears

At a glance

Tenancy Tribunal case 4796677 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions