What was Tenancy Tribunal case 4810479 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $3,847.58 immediately. The landlord

How much money was awarded in case 4810479?

Filing Fee: $20.44 awarded to landlord; Letting Fee: $258.74 awarded to landlord; Rent Arrears: $3,602.14 awarded to landlord

What type of tenancy dispute was case 4810479?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4810479?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10445029-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4810479 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $3,847.58 immediately. The landlord

How much money was awarded in case 4810479?

Filing Fee: $20.44 awarded to landlord; Letting Fee: $258.74 awarded to landlord; Rent Arrears: $3,602.14 awarded to landlord

What type of tenancy dispute was case 4810479?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4810479?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10445029-Tribunal_Order_Redacted.pdf.

Unit/Flat 6, 598 Te Atatu Road, Te Atatu Peninsula, Tenancy Tribunal Case 4810479 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4810479 — net $3,881.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,602.14	Rent arrears
Letting fee	$258.74	Letting fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,881.32
Total payable by Tenant to Landlord	$3,881.32

[The tenant/s] must pay [The landlord/s] $3,847.58 immediately. The landlord consented to the amount owing being divided equally and evenly between the tenants rather than jointly and severally. Therefore, each tenant individually owes $1,940.66.

[The tenant/s] must pay [The landlord/s] $3,847.58 immediately, being:

Reasons

All parties attended the hearing.

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

How much is owed for rent?

This tenancy was on a fixed term starting on 19 April 2022, renewed in 2023, and due to expire on 19 April 2024. The previous tenant sought to be released from the tenancy. As a result the tenancy was assigned to the tenants with effect from 16 December 2023. However, due to a change of circumstances the tenants decided not to move into the tenancy and sought to be released by the landlord. The landlord advertised the tenancy and the new tenants moved in on 21 January 2024. The landlord seeks rent for five weeks and five days, the period during which the property was empty.

I have some sympathy for the tenants change of circumstances, however, they entered into a contractual agreement that they would occupy the tenancy for the term of the lease, and the landlord suffered a loss for the period in which no rent was paid. The lenants could have made an application to the Tribunal to be released from the lease due to hardship (under S 66 (1) RTA) or could have attempted to find alternative tenants. However, they took no steps to mitigate the loss.

The landlord advertised the tenancy promptly and explained that the Christmas period caused delays in finding new tenants. He explained that on average it takes 18 days to find new tenants, and then there is usually a period between the agreement to lease and the tenants being able to move in and begin paying rent. However, over the Christmas break the number of potential tenants is vastly reduced, and he noted that only one or two parties attended the viewings for the tenancy. He explained that the other potential tenants who were interested in the assignment had found tenancies in the interim and so were not available to take on the lease earlier.

I am satisfied that the landlord suffered a genuine loss for this period and took reasonable steps to mitigate the time during which the property was not tenanted. Therefore, I award the rent arrears of $3602.14 sought.

The landlord has also claimed letting fees comprised of advertising and credit check fees-$167.90, and 5 ½ hours at $75 an hour for time spent (both excluding GST). I queried the landlord’s representative whether this would not have been a cost that would have been incurred had the tenancy not been renewed at the expiry of the term. His response was that this was intended to be a long-term lease. I note that when the tenancy was assigned, with approximately four months left on the lease. Had the tenants chosen to continue with the lease till the end, the landlord would have been required to pay to advertise and relet. However, I appreciate that there was a cost incurred prematurely. Therefore, I award three hours at $75 an hour plus GST for these additional costs.

In the normal course of events joint tenants are jointly and severally liable for costs relating to the tenancy. However, due to the circumstances of this application, the landlord agreed to hold the tenants individually liable for their half shares of the costs awarded. Therefore, the tenants are each individually liable for $1940.66 each.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4810479 — net $3,881.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,602.14	Rent arrears
Letting fee	$258.74	Letting fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,881.32
Total payable by Tenant to Landlord	$3,881.32

Order

[The tenant/s] must pay [The landlord/s] $3,847.58 immediately. The landlord consented to the amount owing being divided equally and evenly between the tenants rather than jointly and severally. Therefore, each tenant individually owes $1,940.66.
[The tenant/s] must pay [The landlord/s] $3,847.58 immediately, being:

Reasons

All parties attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

This tenancy was on a fixed term starting on 19 April 2022, renewed in 2023, and due to expire on 19 April 2024. The previous tenant sought to be released from the tenancy. As a result the tenancy was assigned to the tenants with effect from 16 December 2023. However, due to a change of circumstances the tenants decided not to move into the tenancy and sought to be released by the landlord. The landlord advertised the tenancy and the new tenants moved in on 21 January 2024. The landlord seeks rent for five weeks and five days, the period during which the property was empty.
I have some sympathy for the tenants change of circumstances, however, they entered into a contractual agreement that they would occupy the tenancy for the term of the lease, and the landlord suffered a loss for the period in which no rent was paid. The lenants could have made an application to the Tribunal to be released from the lease due to hardship (under S 66 (1) RTA) or could have attempted to find alternative tenants. However, they took no steps to mitigate the loss.
The landlord advertised the tenancy promptly and explained that the Christmas period caused delays in finding new tenants. He explained that on average it takes 18 days to find new tenants, and then there is usually a period between the agreement to lease and the tenants being able to move in and begin paying rent. However, over the Christmas break the number of potential tenants is vastly reduced, and he noted that only one or two parties attended the viewings for the tenancy. He explained that the other potential tenants who were interested in the assignment had found tenancies in the interim and so were not available to take on the lease earlier.
I am satisfied that the landlord suffered a genuine loss for this period and took reasonable steps to mitigate the time during which the property was not tenanted. Therefore, I award the rent arrears of $3602.14 sought.
The landlord has also claimed letting fees comprised of advertising and credit check fees-$167.90, and 5 ½ hours at $75 an hour for time spent (both excluding GST). I queried the landlord’s representative whether this would not have been a cost that would have been incurred had the tenancy not been renewed at the expiry of the term. His response was that this was intended to be a long-term lease. I note that when the tenancy was assigned, with approximately four months left on the lease. Had the tenants chosen to continue with the lease till the end, the landlord would have been required to pay to advertise and relet. However, I appreciate that there was a cost incurred prematurely. Therefore, I award three hours at $75 an hour plus GST for these additional costs.
In the normal course of events joint tenants are jointly and severally liable for costs relating to the tenancy. However, due to the circumstances of this application, the landlord agreed to hold the tenants individually liable for their half shares of the costs awarded. Therefore, the tenants are each individually liable for $1940.66 each.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4810479 — Rent arrears at Unit/Flat 6, 598 Te Atatu Road, Te Atatu Peninsula,

At a glance

Tenancy Tribunal case 4810479 — Rent arrears at Unit/Flat 6, 598 Te Atatu Road, Te Atatu Peninsula,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions