What was Tenancy Tribunal case 4798720 about?

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

How much money was awarded in case 4798720?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $11,671.43 awarded to landlord

What type of tenancy dispute was case 4798720?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4798720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10257061-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4798720 about?

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

How much money was awarded in case 4798720?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $11,671.43 awarded to landlord

What type of tenancy dispute was case 4798720?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4798720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10257061-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4798720 — Rent arrears

Claims and awards in Tenancy Tribunal application 4798720 — net $11,691.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$11,671.43	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,691.87
Total payable by Tenant to Landlord	$11,691.87

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 12 am, Tuesday, 12 March 2024.
[The tenant/s] must pay [The landlord/s] $11,691.87 immediately, being rent arrears to 11 March 2024 and filing fee. DescriptionLandlord Rent arrears$11,671.43 Filing fee reimbursement$20.44 Total award$11,691.87 Total payable by Tenant to Landlord$11,691.87

Reasons

Both parties attended the hearing. The hearing was held on 23 April 2024.
[The landlord’s agent’s] attended the hearing as the landlord’s agent.
The tenant, [The tenant/s], attended the hearing. She had a support person, [The tenant’s support person], with her.
[The tenant/s] arrived in [Event location suppressed] with her twins on 22 January 2024. She spoke little English, so the Tribunal arranged for a Mandarin interpreter, [The interpreter], to assist her.
This matter concerns [The tenant/s] repudiation of a tenancy agreement and [The landlord’s agent’s] claim for rent arrears until the property was re-letted to a new tenant on 12 March 2024.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
The total rent arrears between 22 January 2024 and 11 March 2024 is $11,671.43. Was there a legal basis for [The tenant/s] not to honour the agreement? [The tenant/s] position
When [The tenant/s] inspected the property after arriving in New Zealand on 22 January 2024, she said she had an allergic reaction to something in it. She felt discomfort and itchiness on her skin, making her feel the property was unsuitable for her and her family.
[The tenant/s] said the contract was invalid because the landlord had not signed it when it was sent to her before arriving in New Zealand. She thought contracts were only valid when both parties signed them.
[The tenant/s] said she had told her agent in New Zealand not to send the signed contract to the landlord until after she inspected the property. She claims the agent sent it too early without her final approval.
After seeing the property and deciding not to honour the agreement, [The tenant/s] felt the landlord and agent were misleading her and being aggressive in trying to make her pay. She did not think it was fair to pay such a high rent for a property she never occupied.
In summary, [The tenant/s] submitted that health/allergy issues, concerns over the validity of the contract, and feeling misled and mistreated led her to refuse to honour the signed rental contract. The landlord’s position
[The landlord’s agent’s] said her firm used a software platform to generate and send the tenancy agreement digitally to [The tenant’s agent] on 19 January 2024.
[The tenant’s agent], on behalf of [The tenant/s], returned the agreement with a digital signature on 20 January 2024.
The responsible property manager, [The property manager/s], met [The tenant/s] at the property on 22 January 2024, which was supposed to be the move-in date, subject to [The tenant/s] paying the balance of her remaining bond and rent deposit.
[The landlord’s agent’s] position was that she was ready, willing and able to perform the contract. Did [The tenant/s] repudiate the agreement?
[The tenant/s] evidence is that she told [The landlord’s agent’s] she did not want to rent the property.
On the day [The tenant/s] inspected the property (22 Jan), she told [The landlord’s agent’s] at the site that she was allergic, could not stay there, and was "not going to rent [it]".
[The tenant/s] also got her overseas agent to send an email to the landlord "saying that we cannot rent this property" due to her allergies.
In her evidence, [The tenant/s] states, "I cannot stay in this property at all" and "We cannot stay in this property" to clearly indicate she did not want to perform her contractual obligation by taking possession of the property after the agreement was lawfully signed and executed.
In multiple verbal and written ways, [The tenant/s] clearly communicated to the landlord’s agent that she did not want to rent the property soon after inspecting it.
Accordingly, on the balance of probabilities, I am satisfied that [The tenant/s]’s verbal and written communication to the landlord’s agent clearly indicated she did not want to perform her contract obligation and effectively repudiated the agreement. Conclusion
[The tenant/s]’s unilateral decision not to follow through with the agreement, despite the landlord’s agent being ready, willing and able to perform it, means that she repudiated the agreement.
After [The tenant/s] repudiated the contract, [The landlord’s agent] commenced the procedure to relet the premises to mitigate the loss caused by [The tenant/s]’s repudiation. See section 49 of the Residential Tenancies Act 1986.
[The tenant/s] is, therefore, liable for rent until the property is relet. In the present case, the new tenancy with a new tenant commenced on 12 March 2024.
Accordingly, [The tenant/s] is ordered to pay rent arrears between 22 January 2024 and 11 March 2024 for $11,671.43. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
[The tenant/s] began searching for a rental property before she arrived in New Zealand. Due to her lack of experience and unfamiliarity with New Zealand laws, she found herself in a difficult situation, which has been an expensive lesson for her.
Although [The tenant/s] situation is not of public interest, I have concerns that if her name is not suppressed, she may encounter difficulties finding a suitable property if she decides 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 4798720 — net $11,691.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$11,671.43	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,691.87
Total payable by Tenant to Landlord	$11,691.87

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 12 am, Tuesday, 12 March 2024.
[The tenant/s] must pay [The landlord/s] $11,691.87 immediately, being rent arrears to 11 March 2024 and filing fee. DescriptionLandlord Rent arrears$11,671.43 Filing fee reimbursement$20.44 Total award$11,691.87 Total payable by Tenant to Landlord$11,691.87

Reasons

Both parties attended the hearing. The hearing was held on 23 April 2024.
[The landlord’s agent’s] attended the hearing as the landlord’s agent.
The tenant, [The tenant/s], attended the hearing. She had a support person, [The tenant’s support person], with her.
[The tenant/s] arrived in [Event location suppressed] with her twins on 22 January 2024. She spoke little English, so the Tribunal arranged for a Mandarin interpreter, [The interpreter], to assist her.
This matter concerns [The tenant/s] repudiation of a tenancy agreement and [The landlord’s agent’s] claim for rent arrears until the property was re-letted to a new tenant on 12 March 2024.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
The total rent arrears between 22 January 2024 and 11 March 2024 is $11,671.43. Was there a legal basis for [The tenant/s] not to honour the agreement? [The tenant/s] position
When [The tenant/s] inspected the property after arriving in New Zealand on 22 January 2024, she said she had an allergic reaction to something in it. She felt discomfort and itchiness on her skin, making her feel the property was unsuitable for her and her family.
[The tenant/s] said the contract was invalid because the landlord had not signed it when it was sent to her before arriving in New Zealand. She thought contracts were only valid when both parties signed them.
[The tenant/s] said she had told her agent in New Zealand not to send the signed contract to the landlord until after she inspected the property. She claims the agent sent it too early without her final approval.
After seeing the property and deciding not to honour the agreement, [The tenant/s] felt the landlord and agent were misleading her and being aggressive in trying to make her pay. She did not think it was fair to pay such a high rent for a property she never occupied.
In summary, [The tenant/s] submitted that health/allergy issues, concerns over the validity of the contract, and feeling misled and mistreated led her to refuse to honour the signed rental contract. The landlord’s position
[The landlord’s agent’s] said her firm used a software platform to generate and send the tenancy agreement digitally to [The tenant’s agent] on 19 January 2024.
[The tenant’s agent], on behalf of [The tenant/s], returned the agreement with a digital signature on 20 January 2024.
The responsible property manager, [The property manager/s], met [The tenant/s] at the property on 22 January 2024, which was supposed to be the move-in date, subject to [The tenant/s] paying the balance of her remaining bond and rent deposit.
[The landlord’s agent’s] position was that she was ready, willing and able to perform the contract. Did [The tenant/s] repudiate the agreement?
[The tenant/s] evidence is that she told [The landlord’s agent’s] she did not want to rent the property.
On the day [The tenant/s] inspected the property (22 Jan), she told [The landlord’s agent’s] at the site that she was allergic, could not stay there, and was "not going to rent [it]".
[The tenant/s] also got her overseas agent to send an email to the landlord "saying that we cannot rent this property" due to her allergies.
In her evidence, [The tenant/s] states, "I cannot stay in this property at all" and "We cannot stay in this property" to clearly indicate she did not want to perform her contractual obligation by taking possession of the property after the agreement was lawfully signed and executed.
In multiple verbal and written ways, [The tenant/s] clearly communicated to the landlord’s agent that she did not want to rent the property soon after inspecting it.
Accordingly, on the balance of probabilities, I am satisfied that [The tenant/s]’s verbal and written communication to the landlord’s agent clearly indicated she did not want to perform her contract obligation and effectively repudiated the agreement. Conclusion
[The tenant/s]’s unilateral decision not to follow through with the agreement, despite the landlord’s agent being ready, willing and able to perform it, means that she repudiated the agreement.
After [The tenant/s] repudiated the contract, [The landlord’s agent] commenced the procedure to relet the premises to mitigate the loss caused by [The tenant/s]’s repudiation. See section 49 of the Residential Tenancies Act 1986.
[The tenant/s] is, therefore, liable for rent until the property is relet. In the present case, the new tenancy with a new tenant commenced on 12 March 2024.
Accordingly, [The tenant/s] is ordered to pay rent arrears between 22 January 2024 and 11 March 2024 for $11,671.43. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
[The tenant/s] began searching for a rental property before she arrived in New Zealand. Due to her lack of experience and unfamiliarity with New Zealand laws, she found herself in a difficult situation, which has been an expensive lesson for her.
Although [The tenant/s] situation is not of public interest, I have concerns that if her name is not suppressed, she may encounter difficulties finding a suitable property if she decides 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 4798720 — Rent arrears

At a glance

Tenancy Tribunal case 4798720 — Rent arrears

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