What was Tenancy Tribunal case 4833657 about?

The tribunal order states: The Rent Shop Dunedin Limited must pay [The tenant/s] $2,770.44 immediately,

How much money was awarded in case 4833657?

Filing Fee: $20.44 awarded to tenant; Refund Rent From To 18/2/2024 To 24/…: $2,750.00 awarded to tenant

What type of tenancy dispute was case 4833657?

The dispute type was not classified.

Where can I read the official tribunal order for case 4833657?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10401435-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4833657 about?

The tribunal order states: The Rent Shop Dunedin Limited must pay [The tenant/s] $2,770.44 immediately,

How much money was awarded in case 4833657?

Filing Fee: $20.44 awarded to tenant; Refund Rent From To 18/2/2024 To 24/…: $2,750.00 awarded to tenant

What type of tenancy dispute was case 4833657?

The dispute type was not classified.

Where can I read the official tribunal order for case 4833657?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10401435-Tribunal_Order_Redacted.pdf.

39 Signal Hill Road, Opoho, Dunedin 9010 Tenancy Tribunal Case 4833657 — Tenancy dispute

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39 Signal Hill Road, Opoho, Dunedin 9010 Tenancy Tribunal Case 4833657 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4833657 — net $2,770.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Refund rent from to 18/2/2024 to 24/3/2024	$2,750.00	Refund rent from to 18/2/2024 to 24/3/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,770.44
Bond	$2,080.00
Total payable by Landlord to Tenant	$2,770.44

Claims and awards for application 4833657 — net $2,770.44 NZD. Verify on MoJ.

Refund rent from to 18/2/2024 to 24/3/2024

Amount: $2,750.00
Awarded to: Tenant
Reason: Refund rent from to 18/2/2024 to 24/3/2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $2,770.44

Bond

Tenant $2,080.00

Total payable by Landlord to Tenant

Tenant $2,770.44

Claim types — money lines allowed on this order

Filing Fee

Order

The Rent Shop Dunedin Limited must pay [The tenant/s] $2,770.44 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Reasons

The tenants attended the hearing.
The Tribunal attempted, unsuccessfully to contact the landlord by telephone.
Despite the landlord not attending the hearing I am satisfied the requirements of service pursuant to section 91 have been complied with.
The tenants wanted a refund of their bond and a refund of five weeks rent from when the last two tenants moved out until 24/3/2024.
In addition, the tenants were concerned about not having a copy of the tenancy agreement and the timing of receiving the Healthy Homes Standards report.
The original tenants agreed they had received a copy of the 2022 tenancy agreement.
The tenants did not provide any evidence to support the Healthy Homes Standards claim, so I was unable to deal with that matter.
The tenants issued a 14 day notice on 11/3/2024.

Are the tenants entitled to a refund of rent?

Initially two of the tenants signed a fixed term tenancy from 7/5/2022 to 7/4/2023.
Subsequently, two new tenants moved in around 7/3/2023, but only signed change of tenant forms.
In November 2023 the tenants submitted that they contacted the landlord about moving out and discussions occurred regarding breaking a fixed term tenancy and break lease fees.
The tenants believed they had an agreement with the landlord to end the tenancy early, they would move out so the landlord could re-let the premises and their liability for rent would end when the last tenant had vacated on 17/2/2023.
However, until they were advised on 15/3/2024 that new tenants had been signed for the premises and their tenancy ended on 24/3/2024, they continued to pay rent.
The tenants provided an undated email from the landlord about the legality of charging fees, lack of formal notice and seeking costs for cleaning.
I am persuaded by the evidence that the tenants were in fact parties to a periodic tenancy and only needed to give 28 days to end the tenancy.
The only signed tenancy agreement had an end date of 7/4/2023.
In the absence of any persuasive evidence about a renewal of the fixed term I consider the tenancy rolled over to a periodic tenancy on 8/4/2023.
I am satisfied by the email correspondence that the landlord had notice by the latest on 18/1/2024 that the tenants were vacating.
The tenants are therefore entitled to a refund of overpaid rent from the date of vacation to the end of the tenancy.

Are the tenants entitled to a refund of their bond?

The tenants disputed the cleaning charge of $900.00 and provided a copy of the landlord’s exit inspection dated 8/3/2024.
Section 22B RTA provides: (1) If there is a dispute between the parties as to the payment of a bond, either party may apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid. (2) If the tenant applies to the Tribunal and the landlord seeks payment of the bond in whole or in part, the landlord must file an application with the Tribunal that sets out the landlord’s counterclaim.
The requirement for the landlord to file a counterclaim is mandatory. Therefore, because the landlord has not done so, the bond is refunded in full to the tenant. This does not prevent the landlord from filing a claim against the tenant at a later date. It just means that, if the landlord’s claim is successful, there is no bond to put towards any monetary award made.
As the tenants have been successful with their claim, I have awarded the filing fee.
Suppression is granted to the tenants because they largely succeeded with the application.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4833657 — net $2,770.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Refund rent from to 18/2/2024 to 24/3/2024	$2,750.00	Refund rent from to 18/2/2024 to 24/3/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,770.44
Bond	$2,080.00
Total payable by Landlord to Tenant	$2,770.44

Claims and awards for application 4833657 — net $2,770.44 NZD. Verify on MoJ.

Refund rent from to 18/2/2024 to 24/3/2024

Amount: $2,750.00
Awarded to: Tenant
Reason: Refund rent from to 18/2/2024 to 24/3/2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $2,770.44

Bond

Tenant $2,080.00

Total payable by Landlord to Tenant

Tenant $2,770.44

Claim types — money lines allowed on this order

Filing Fee

Order

The Rent Shop Dunedin Limited must pay [The tenant/s] $2,770.44 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Reasons

The tenants attended the hearing.
The Tribunal attempted, unsuccessfully to contact the landlord by telephone.
Despite the landlord not attending the hearing I am satisfied the requirements of service pursuant to section 91 have been complied with.
The tenants wanted a refund of their bond and a refund of five weeks rent from when the last two tenants moved out until 24/3/2024.
In addition, the tenants were concerned about not having a copy of the tenancy agreement and the timing of receiving the Healthy Homes Standards report.
The original tenants agreed they had received a copy of the 2022 tenancy agreement.
The tenants did not provide any evidence to support the Healthy Homes Standards claim, so I was unable to deal with that matter.
The tenants issued a 14 day notice on 11/3/2024.

Are the tenants entitled to a refund of rent?

Initially two of the tenants signed a fixed term tenancy from 7/5/2022 to 7/4/2023.
Subsequently, two new tenants moved in around 7/3/2023, but only signed change of tenant forms.
In November 2023 the tenants submitted that they contacted the landlord about moving out and discussions occurred regarding breaking a fixed term tenancy and break lease fees.
The tenants believed they had an agreement with the landlord to end the tenancy early, they would move out so the landlord could re-let the premises and their liability for rent would end when the last tenant had vacated on 17/2/2023.
However, until they were advised on 15/3/2024 that new tenants had been signed for the premises and their tenancy ended on 24/3/2024, they continued to pay rent.
The tenants provided an undated email from the landlord about the legality of charging fees, lack of formal notice and seeking costs for cleaning.
I am persuaded by the evidence that the tenants were in fact parties to a periodic tenancy and only needed to give 28 days to end the tenancy.
The only signed tenancy agreement had an end date of 7/4/2023.
In the absence of any persuasive evidence about a renewal of the fixed term I consider the tenancy rolled over to a periodic tenancy on 8/4/2023.
I am satisfied by the email correspondence that the landlord had notice by the latest on 18/1/2024 that the tenants were vacating.
The tenants are therefore entitled to a refund of overpaid rent from the date of vacation to the end of the tenancy.

Are the tenants entitled to a refund of their bond?

The tenants disputed the cleaning charge of $900.00 and provided a copy of the landlord’s exit inspection dated 8/3/2024.
Section 22B RTA provides: (1) If there is a dispute between the parties as to the payment of a bond, either party may apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid. (2) If the tenant applies to the Tribunal and the landlord seeks payment of the bond in whole or in part, the landlord must file an application with the Tribunal that sets out the landlord’s counterclaim.
The requirement for the landlord to file a counterclaim is mandatory. Therefore, because the landlord has not done so, the bond is refunded in full to the tenant. This does not prevent the landlord from filing a claim against the tenant at a later date. It just means that, if the landlord’s claim is successful, there is no bond to put towards any monetary award made.
As the tenants have been successful with their claim, I have awarded the filing fee.
Suppression is granted to the tenants because they largely succeeded with the application.

Tenancy Tribunal case 4833657 — Tenancy dispute at 39 Signal Hill Road, Opoho, Dunedin 9010

At a glance

Tenancy Tribunal case 4833657 — Tenancy dispute at 39 Signal Hill Road, Opoho, Dunedin 9010

At a glance

Award balance

Claims & awards

Order

Reasons

Are the tenants entitled to a refund of rent?

Are the tenants entitled to a refund of their bond?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Are the tenants entitled to a refund of rent?

Are the tenants entitled to a refund of their bond?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions