How much money was awarded in case 4871560?

Filing Fee: $20.44 awarded to landlord; Rent Owed To 14/04/2024: $9,385.71 awarded to landlord

What type of tenancy dispute was case 4871560?

The dispute type was not classified.

Where can I read the official tribunal order for case 4871560?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10771280-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4871560?

Filing Fee: $20.44 awarded to landlord; Rent Owed To 14/04/2024: $9,385.71 awarded to landlord

What type of tenancy dispute was case 4871560?

The dispute type was not classified.

Where can I read the official tribunal order for case 4871560?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10771280-Tenancy_Tribunal_Order.pdf.

Unit/Flat 19, 1157 Victoria Street, Whitiora, Hamilton 3200 Tenancy Tribunal Case 4871560 — Tenancy dispute

Q: What was Tenancy Tribunal case 4871560 about?

The tribunal order states: [The tenant/s] must pay Plan Investments Limited $9,406.15 calculated as shown

Order

Claims and awards in Tenancy Tribunal application 4871560 — net $9,406.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 14/04/2024	$9,385.71	Rent owed to 14/04/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,406.15
Total payable by Tenant to Landlord	$9,406.15

[The tenant/s] must pay Plan Investments Limited $9,406.15 calculated as shown in the table below.

The tenant must pay the debt in order 1 at the rate of $30.00 per week.

The first payment must be made on Thursday 5 September 2024 and payments must continue every Thursday until the debt is paid in full.

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing which took place by teleconference.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing. DescriptionLandlord Rent owed to 14/04/2024$9,385.71 Filing fee reimbursement$20.44 Total award$9,406.15 Total payable by Tenant to Landlord$9,406.15

The landlord has applied for rent arrears and payment of costs incurred as a result of the tenants ending the fixed term tenancy early.

The tenants entered into a one year fixed term tenancy to end on 2 September 2024.

Two days after the tenancy commenced the tenant’s children arrived from overseas and the tenant stated they needed larger premises. He stated that he knew he had entered a fixed contract and knew his children were coming but thought he would be able to give notice and leave the tenancy if he found a larger place.

On Thursday 26 October 2023 at 10.27pm the tenant emailed the property manager to advise that they were vacating the following week.

The landlord replied on Monday 30 October 2023 stating “As we have already told you earlier, your tenancy agreement is for a fixed term ending on 2 Sep 2024. As it is a fixed-term, you are not able to end the tenancy early by giving notice. If you would like more information on fixed-term tenancies and your rights and obligations, please refer to the Tenancy Services website”. The landlord provided the website address and also stated “The only other solution I can offer you is for us to advertise for a new tenant to replace you. You will need to pay a week’s rent ($450) to us as compensation for advertising fee and time spent to find a new tenant. You will also need to continue paying rent until we have found a suitable tenant to replace you, which may take weeks or even months”

The tenant chose to move out of the premises and stopped paying rent.

The landlord advertised and found replacement tenants who moved in on 15 April 2024.

The property manager advised that it took some months to find new tenants as the market is slow. He stated that at the time of the tenant vacating there were 4-5 vacant units in the 20 unit complex and there are currently 8 vacant units.

The landlord advised that the bond has already been refunded and applied to rent arrears. The landlord provided rent records which prove the balance of rent owing to 14 April 2024 in the sum of $9385.71.

The landlord advised that the replacement tenants are paying a lower rent but they are not seeking payment of the difference to 2 September 2024.

The landlord seeks to recover expenses incurred in reletting the premises due to consenting to the early termination in the sum of $450.00.

A landlord must provide an itemised account to a tenant of any expenses incurred in respect of agreeing to an assignment, parting with possession or termination of the tenancy. See section 44A Residential Tenancies Act 1986.

The landlord did not provide an itemised account so the amount sought will not be ordered.

Because Plan Investments Limited has substantially succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4871560 — net $9,406.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 14/04/2024	$9,385.71	Rent owed to 14/04/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,406.15
Total payable by Tenant to Landlord	$9,406.15

Order

[The tenant/s] must pay Plan Investments Limited $9,406.15 calculated as shown in the table below.
The tenant must pay the debt in order 1 at the rate of $30.00 per week.
The first payment must be made on Thursday 5 September 2024 and payments must continue every Thursday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing which took place by teleconference.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. DescriptionLandlord Rent owed to 14/04/2024$9,385.71 Filing fee reimbursement$20.44 Total award$9,406.15 Total payable by Tenant to Landlord$9,406.15
The landlord has applied for rent arrears and payment of costs incurred as a result of the tenants ending the fixed term tenancy early.
The tenants entered into a one year fixed term tenancy to end on 2 September 2024.
Two days after the tenancy commenced the tenant’s children arrived from overseas and the tenant stated they needed larger premises. He stated that he knew he had entered a fixed contract and knew his children were coming but thought he would be able to give notice and leave the tenancy if he found a larger place.
On Thursday 26 October 2023 at 10.27pm the tenant emailed the property manager to advise that they were vacating the following week.
The landlord replied on Monday 30 October 2023 stating “As we have already told you earlier, your tenancy agreement is for a fixed term ending on 2 Sep 2024. As it is a fixed-term, you are not able to end the tenancy early by giving notice. If you would like more information on fixed-term tenancies and your rights and obligations, please refer to the Tenancy Services website”. The landlord provided the website address and also stated “The only other solution I can offer you is for us to advertise for a new tenant to replace you. You will need to pay a week’s rent ($450) to us as compensation for advertising fee and time spent to find a new tenant. You will also need to continue paying rent until we have found a suitable tenant to replace you, which may take weeks or even months”
The tenant chose to move out of the premises and stopped paying rent.
The landlord advertised and found replacement tenants who moved in on 15 April 2024.
The property manager advised that it took some months to find new tenants as the market is slow. He stated that at the time of the tenant vacating there were 4-5 vacant units in the 20 unit complex and there are currently 8 vacant units.
The landlord advised that the bond has already been refunded and applied to rent arrears. The landlord provided rent records which prove the balance of rent owing to 14 April 2024 in the sum of $9385.71.
The landlord advised that the replacement tenants are paying a lower rent but they are not seeking payment of the difference to 2 September 2024.
The landlord seeks to recover expenses incurred in reletting the premises due to consenting to the early termination in the sum of $450.00.
A landlord must provide an itemised account to a tenant of any expenses incurred in respect of agreeing to an assignment, parting with possession or termination of the tenancy. See section 44A Residential Tenancies Act 1986.
The landlord did not provide an itemised account so the amount sought will not be ordered.
Because Plan Investments Limited has substantially succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4871560 — Tenancy dispute at Unit/Flat 19, 1157 Victoria Street, Whitiora, Hamilton 3200

At a glance

Award balance

Tenancy Tribunal case 4871560 — Tenancy dispute at Unit/Flat 19, 1157 Victoria Street, Whitiora, Hamilton 3200

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions