How much money was awarded in case 4883001?

Break Lease Fee: $1,100.00 awarded to landlord; Rent Arrears: $5,799.29 awarded to landlord

What type of tenancy dispute was case 4883001?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4883001?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10356820-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4883001?

Break Lease Fee: $1,100.00 awarded to landlord; Rent Arrears: $5,799.29 awarded to landlord

What type of tenancy dispute was case 4883001?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4883001?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10356820-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4883001 — Rent arrears

Q: What was Tenancy Tribunal case 4883001 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4883001 — net $2,499.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 31/05/2024	$5,799.29	Rent arrears (to 31/05/2024
Break lease fee	$1,100.00	Break lease fee
Net award	$2,499.29
Total payable by Tenant to Landlord	$2,499.29

An application for suppression has been made in this case, and the Tribunal orders suppression of both the Tenant and Landlord’s name and identifying details.

[The tenant] owes [The landlord] $2,519.73, calculated as shown in table below (“the debt”).

[The tenant] must repay the debt as follows: a. By 166 weekly payments of $15.00 each Wednesday, commencing on Wednesday 29 May 2024 and ending on Wednesday 4 August 2024; and b. A final payment of $9.29, to fully repay the debt, to be paid on Wednesday 11 August July 20267; and c. Where the tenants’ financial circumstances improve, the tenant has agreed to contact the landlord to make arrangements to increase the weekly amounts payable or to pay the remaining debt off in a lump sum.

The Bond Centre is to pay the bond of $4,400.00 ([Bond number suppressed]) to [The landlord] immediately.

The term of the fixed-term tenancy of [The tenant] at [Tenancy address suppressed] is reduced and now ends at 11:59pm on Friday 31 May 2024.

Reasons

Both parties attended the hearing.

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

The tenant has applied for a reduction of his fixed term tenancy, based on extreme financial duress due to unforeseen circumstances.

When does the tenancy end and how much is owed for rent?

The tenant’s fixed term tenancy commenced on 14 March 2024 and was due to end on 14 September 2024. The tenant has applied for reduction of the fixed- term tenancy as soon as practicable as his financial situation is so dire, he cannot afford to pay the rent and the rent arrears are building up as the rent is $1,100.00 per week.

Around the end of April 2024, the tenant was subjected to high-profile Family Court proceedings that has resulted in him losing his assets, having his business taken over by a private equity firm and his salary being stopped immediately. Due to financial hardship, he has had to self-represent in the Family Court against a Kings Counsel and is living on $632.00 gross per week and living in a damp garage.

The tenant vacated the rental premises on Friday 17 May 2023, so that it would be easier for the landlord to market and re-let the property.

The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.

There has been an unforeseen change in the tenant's circumstances due to a separation that has led to extreme financial hardship for the tenant, including loss of his job, his assets, and his savings.

I am satisfied the tenant would suffer severe hardship if the term of the tenancy were not reduced.

The landlord would suffer hardship if the term were reduced, in that it has to cover the mortgage until it finds new tenants for a high end property, but the rental market is tight for tenants with less stock available than the number of tenants requiring a home. During the hearing, the property manager was optimistic that he would be able to find new tenants in a couple of weeks.

The property manager also acknowledged that the hardship faced by the landlord, if I was to end the tenancy early, would not be as extreme as the tenant’s hardship if I was to hold him liable for rent up to the date a new tenant moves in.

I find that the tenant’s hardship would be greater than the landlord’s hardship.

The tenancy will end on Friday 31 May 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.

I award compensation of $1,100.00 to the landlord, considering the break lease fees it will incur as a direct result of the fixed term tenancy ending early. Reimbursement of the filing fee

Because the landlord and the tenant have both substantially succeeded with their respective claims, I dismiss both of their applications for reimbursement of the filing fee. The award of the filing fee to both successful parties cancel each other out. Therefore, the filing fee costs lie where they fall.

Claims and awards in Tenancy Tribunal application 4883001 — net $2,499.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 31/05/2024	$5,799.29	Rent arrears (to 31/05/2024
Break lease fee	$1,100.00	Break lease fee
Net award	$2,499.29
Total payable by Tenant to Landlord	$2,499.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both the Tenant and Landlord’s name and identifying details.
[The tenant] owes [The landlord] $2,519.73, calculated as shown in table below (“the debt”).
[The tenant] must repay the debt as follows: a. By 166 weekly payments of $15.00 each Wednesday, commencing on Wednesday 29 May 2024 and ending on Wednesday 4 August 2024; and b. A final payment of $9.29, to fully repay the debt, to be paid on Wednesday 11 August July 20267; and c. Where the tenants’ financial circumstances improve, the tenant has agreed to contact the landlord to make arrangements to increase the weekly amounts payable or to pay the remaining debt off in a lump sum.
The Bond Centre is to pay the bond of $4,400.00 ([Bond number suppressed]) to [The landlord] immediately.
The term of the fixed-term tenancy of [The tenant] at [Tenancy address suppressed] is reduced and now ends at 11:59pm on Friday 31 May 2024.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant has applied for a reduction of his fixed term tenancy, based on extreme financial duress due to unforeseen circumstances.

When does the tenancy end and how much is owed for rent?

The tenant’s fixed term tenancy commenced on 14 March 2024 and was due to end on 14 September 2024. The tenant has applied for reduction of the fixed- term tenancy as soon as practicable as his financial situation is so dire, he cannot afford to pay the rent and the rent arrears are building up as the rent is $1,100.00 per week.
Around the end of April 2024, the tenant was subjected to high-profile Family Court proceedings that has resulted in him losing his assets, having his business taken over by a private equity firm and his salary being stopped immediately. Due to financial hardship, he has had to self-represent in the Family Court against a Kings Counsel and is living on $632.00 gross per week and living in a damp garage.
The tenant vacated the rental premises on Friday 17 May 2023, so that it would be easier for the landlord to market and re-let the property.
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
There has been an unforeseen change in the tenant's circumstances due to a separation that has led to extreme financial hardship for the tenant, including loss of his job, his assets, and his savings.
I am satisfied the tenant would suffer severe hardship if the term of the tenancy were not reduced.
The landlord would suffer hardship if the term were reduced, in that it has to cover the mortgage until it finds new tenants for a high end property, but the rental market is tight for tenants with less stock available than the number of tenants requiring a home. During the hearing, the property manager was optimistic that he would be able to find new tenants in a couple of weeks.
The property manager also acknowledged that the hardship faced by the landlord, if I was to end the tenancy early, would not be as extreme as the tenant’s hardship if I was to hold him liable for rent up to the date a new tenant moves in.
I find that the tenant’s hardship would be greater than the landlord’s hardship.
The tenancy will end on Friday 31 May 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.
I award compensation of $1,100.00 to the landlord, considering the break lease fees it will incur as a direct result of the fixed term tenancy ending early. Reimbursement of the filing fee
Because the landlord and the tenant have both substantially succeeded with their respective claims, I dismiss both of their applications for reimbursement of the filing fee. The award of the filing fee to both successful parties cancel each other out. Therefore, the filing fee costs lie where they fall.

Tenancy Tribunal case 4883001 — Rent arrears

At a glance

Tenancy Tribunal case 4883001 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

When does the tenancy end and how much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

When does the tenancy end and how much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions