What was Tenancy Tribunal case 4813319 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $671.87 immediately, calculated as

How much money was awarded in case 4813319?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,171.43 awarded to landlord

What type of tenancy dispute was case 4813319?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4813319?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10942426-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4813319 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $671.87 immediately, calculated as

How much money was awarded in case 4813319?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,171.43 awarded to landlord

What type of tenancy dispute was case 4813319?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4813319?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10942426-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4813319 — Rent arrears

Claims and awards in Tenancy Tribunal application 4813319 — net $671.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27.2.23	$2,171.43	Rent arrears to 27.2.23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$671.87
Total payable by Tenant to Landlord	$671.87

Order

[The tenant/s] must pay [The landlord/s] $671.87 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,520.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing, with [The tenant/s] attending by teleconference, and [The landlord’s representative] appearing in person for the landlord. During the hearing, there were difficulties with the sound quality of the telephone call. The landlord agreed to send copies of the correspondence referenced at the hearing to the tenant. The tenant was invited to send any additional written comments to the Tribunal. As no written comments were received, a follow up email was sent by the Tribunal, to ensure the tenant had received the landlord’s information, and that any comments were not overlooked. Nothing further was received from the tenant and the hearing closed on 8 October 2024. Background
This tenancy began on 6 October 2022 and was for a fixed term, due to end on 6 April 2023. The rent is $380.00 per week and a bond of $1,520 was paid.
The tenant wanted to end the tenancy prior to the end of the fixed term, as she wished to return to China due to her grandfather’s illness. There was communication between the landlord and tenant. The tenant informed the landlord and made efforts to find replacement tenants. The landlord did not accept the two candidates put forward by the tenant. The landlord agreed to end the tenancy on 27 February 2023, as the owner’s relative was to move in on 28 February 2023.
The tenant has applied for the return of the bond in full, and additional compensation of $760.00. The claim for compensation is based on a house inspection being conducted without permission, and for the landlord rejecting the new tenants she had introduced without good reason, causing her stress and inconvenience. This is application number 4813319. At the hearing, the tenant stated she needed to end the tenancy early due to a family emergency, she had made efforts to find replacement tenants, and the landlord’s request for rent and the cleaning charge was unfair.
The landlord seeks rent arrears of $2,171.43 and payment from the bond (application 4833120). The landlord relies on its rent summary. The cleaning cost is no longer sought. The landlord explained its discussions with the tenant regarding the implication of breaking a fixed term early, noting the tenant was made aware that subletting was not allowed, and that the landlord would make efforts to find a suitable tenant. The potential candidates found by the tenant were considered, but neither were suitable. It was felt that a compromise of starting the new tenancy at the end of 6 weeks was reasonable. Legal principles
In this jurisdiction, the party making the claim has the onus of proving their claim to the required civil standard of proof, which is on the balance of probabilities. This means they must establish, with evidence, that their claim is “more likely than not.” Tenant’s application: 4813319

Should the tenant receive the bond and compensation?

In her evidence, the tenant has explained her situation. I accept the challenging circumstances, the emotional impact, and her reasons for wanting to end the tenancy early. I also note the efforts she made to find suitable tenants. Ultimately, her claim for the bond will depend on when the tenancy can be regarded as coming to an end.

When did the tenancy end?

Under a fixed term tenancy, a tenant has a contractual obligation to continue paying rent up to the end of the fixed term, unless the landlord agrees to release the tenant. 1 This means that a tenant cannot unilaterally break this obligation, since neither party is entitled to terminate unless by mutual consent or by order of the Tribunal. Consequently, a landlord is under no obligation to consent to an earlier release from the fixed term.
In this case, the tenant made her own efforts to find suitable tenants to take over the tenancy. Her evidence is that she took this responsibility seriously, advertised and found two candidates, who filled out the form, which she then submitted to the landlord. Her disappointment that the landlord rejected both candidates is understandable. However, ultimately, it is for the landlord to decide whether the proposed tenants are suitable.
The tenant did have the option to apply to the Tribunal for reduction of the fixed term, but no such application was made.
Therefore, while the tenant moved out of the premises, which, according to her evidence, was around the end of January, this cannot be regarded as the end date of the tenancy.
On the basis of the available evidence, I find it more likely that the tenancy ended on 27 February 2023. This is the date the landlord agreed to end the tenancy. In making this finding, I have had regard to the terms of the tenancy agreement and the supporting evidence, including the documentary and oral evidence of both parties. I also find that the evidence does not demonstrate that the landlord agreed to release the tenant earlier. The communication between the landlord and tenant indicates that the landlord reminded the tenant of her responsibility to 1 Residential Tenancy Law in New Zealand S. Benson, at 3.3 continue paying rent until the end of the fixed term, and noted that leaving the keys at the premises on the date that she left did not change this obligation. Compensation
The tenant has not provided further evidence in support of the claim that the landlord conducted a property inspection without permission, so this claim is dismissed. I also find there is no basis for the tenant to be compensated for the landlord not accepting the potential tenants she had introduced, and for any resulting stress or inconvenience resulting from it, since the landlord is under no obligation to accept candidates proposed by the tenant. Landlord’s application: 4833120

How much is owed for rent?

Having made the finding that the tenancy ended on 27 February 2023, the tenant will be liable for rent up to that date. The landlord provided rent records which prove the amount owing at the end of the tenancy, being $2,171.43. This amount is awarded to the landlord, as noted above. Filing fee and name suppression
Because the landlord has been successful, the tenant is to pay the landlord’s filing fee.
The landlord is entitled to name suppression as its claim has been successful. While noting that the tenant is the unsuccessful party, having had regard to the interests of the parties and to the public interest, the Tribunal orders suppression of the tenant’s name and identifying details.

Claims and awards in Tenancy Tribunal application 4813319 — net $671.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27.2.23	$2,171.43	Rent arrears to 27.2.23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$671.87
Total payable by Tenant to Landlord	$671.87

Order

[The tenant/s] must pay [The landlord/s] $671.87 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,520.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing, with [The tenant/s] attending by teleconference, and [The landlord’s representative] appearing in person for the landlord. During the hearing, there were difficulties with the sound quality of the telephone call. The landlord agreed to send copies of the correspondence referenced at the hearing to the tenant. The tenant was invited to send any additional written comments to the Tribunal. As no written comments were received, a follow up email was sent by the Tribunal, to ensure the tenant had received the landlord’s information, and that any comments were not overlooked. Nothing further was received from the tenant and the hearing closed on 8 October 2024. Background
This tenancy began on 6 October 2022 and was for a fixed term, due to end on 6 April 2023. The rent is $380.00 per week and a bond of $1,520 was paid.
The tenant wanted to end the tenancy prior to the end of the fixed term, as she wished to return to China due to her grandfather’s illness. There was communication between the landlord and tenant. The tenant informed the landlord and made efforts to find replacement tenants. The landlord did not accept the two candidates put forward by the tenant. The landlord agreed to end the tenancy on 27 February 2023, as the owner’s relative was to move in on 28 February 2023.
The tenant has applied for the return of the bond in full, and additional compensation of $760.00. The claim for compensation is based on a house inspection being conducted without permission, and for the landlord rejecting the new tenants she had introduced without good reason, causing her stress and inconvenience. This is application number 4813319. At the hearing, the tenant stated she needed to end the tenancy early due to a family emergency, she had made efforts to find replacement tenants, and the landlord’s request for rent and the cleaning charge was unfair.
The landlord seeks rent arrears of $2,171.43 and payment from the bond (application 4833120). The landlord relies on its rent summary. The cleaning cost is no longer sought. The landlord explained its discussions with the tenant regarding the implication of breaking a fixed term early, noting the tenant was made aware that subletting was not allowed, and that the landlord would make efforts to find a suitable tenant. The potential candidates found by the tenant were considered, but neither were suitable. It was felt that a compromise of starting the new tenancy at the end of 6 weeks was reasonable. Legal principles
In this jurisdiction, the party making the claim has the onus of proving their claim to the required civil standard of proof, which is on the balance of probabilities. This means they must establish, with evidence, that their claim is “more likely than not.” Tenant’s application: 4813319

Should the tenant receive the bond and compensation?

In her evidence, the tenant has explained her situation. I accept the challenging circumstances, the emotional impact, and her reasons for wanting to end the tenancy early. I also note the efforts she made to find suitable tenants. Ultimately, her claim for the bond will depend on when the tenancy can be regarded as coming to an end.

When did the tenancy end?

Under a fixed term tenancy, a tenant has a contractual obligation to continue paying rent up to the end of the fixed term, unless the landlord agrees to release the tenant. 1 This means that a tenant cannot unilaterally break this obligation, since neither party is entitled to terminate unless by mutual consent or by order of the Tribunal. Consequently, a landlord is under no obligation to consent to an earlier release from the fixed term.
In this case, the tenant made her own efforts to find suitable tenants to take over the tenancy. Her evidence is that she took this responsibility seriously, advertised and found two candidates, who filled out the form, which she then submitted to the landlord. Her disappointment that the landlord rejected both candidates is understandable. However, ultimately, it is for the landlord to decide whether the proposed tenants are suitable.
The tenant did have the option to apply to the Tribunal for reduction of the fixed term, but no such application was made.
Therefore, while the tenant moved out of the premises, which, according to her evidence, was around the end of January, this cannot be regarded as the end date of the tenancy.
On the basis of the available evidence, I find it more likely that the tenancy ended on 27 February 2023. This is the date the landlord agreed to end the tenancy. In making this finding, I have had regard to the terms of the tenancy agreement and the supporting evidence, including the documentary and oral evidence of both parties. I also find that the evidence does not demonstrate that the landlord agreed to release the tenant earlier. The communication between the landlord and tenant indicates that the landlord reminded the tenant of her responsibility to 1 Residential Tenancy Law in New Zealand S. Benson, at 3.3 continue paying rent until the end of the fixed term, and noted that leaving the keys at the premises on the date that she left did not change this obligation. Compensation
The tenant has not provided further evidence in support of the claim that the landlord conducted a property inspection without permission, so this claim is dismissed. I also find there is no basis for the tenant to be compensated for the landlord not accepting the potential tenants she had introduced, and for any resulting stress or inconvenience resulting from it, since the landlord is under no obligation to accept candidates proposed by the tenant. Landlord’s application: 4833120

How much is owed for rent?

Having made the finding that the tenancy ended on 27 February 2023, the tenant will be liable for rent up to that date. The landlord provided rent records which prove the amount owing at the end of the tenancy, being $2,171.43. This amount is awarded to the landlord, as noted above. Filing fee and name suppression
Because the landlord has been successful, the tenant is to pay the landlord’s filing fee.
The landlord is entitled to name suppression as its claim has been successful. While noting that the tenant is the unsuccessful party, having had regard to the interests of the parties and to the public interest, the Tribunal orders suppression of the tenant’s name and identifying details.

Tenancy Tribunal case 4813319 — Rent arrears

At a glance

Tenancy Tribunal case 4813319 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenant receive the bond and compensation?

When did the tenancy end?

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenant receive the bond and compensation?

When did the tenancy end?

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions