What was the outcome of Tenancy Tribunal case 4891040?

The tribunal order states: Chereille Pomare must pay Noble Property Management Limited - As Agent For

How much money was awarded in case 4891040?

Break Lease Fee: $495.76 awarded to landlord; Cleaning: $187.00 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $23.00 awarded to landlord; Rent Arrears: $2,694.62 awarded to landlord; Water Rates: $266.67 awarded to landlord

What type of tenancy dispute was case 4891040?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4891040?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10808609-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4891040?

The tribunal order states: Chereille Pomare must pay Noble Property Management Limited - As Agent For

How much money was awarded in case 4891040?

Break Lease Fee: $495.76 awarded to landlord; Cleaning: $187.00 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $23.00 awarded to landlord; Rent Arrears: $2,694.62 awarded to landlord; Water Rates: $266.67 awarded to landlord

What type of tenancy dispute was case 4891040?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4891040?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10808609-Tenancy_Tribunal_Order.pdf.

44 Tumu Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4891040 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4891040 — net $3,917.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,694.62	2. The landlord has applied for rent arrears, water rates arrears, lawnmowing, carpet cleaning, cleaning and a lease break fee, and reimbursement of the filing…
Water rates	$266.67	Water rates
Lawns and Garden work	$23.00	Lawns and Garden work
Carpet Cleaning	$187.00	Carpet Cleaning
Cleaning	$230.00	Cleaning
Break lease fee	$495.76	Break lease fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,917.49
Total payable by Tenant to Landlord	$3,917.49

The landlord attended the hearing. The tenant did not attend.

The landlord has applied for rent arrears, water rates arrears, lawnmowing, carpet cleaning, cleaning and a lease break fee, and reimbursement of the filing fee following the end of the tenancy.

The tenant had a fixed term tenancy which was due to end on the 9 September 2024. The tenant requested to be released from the fixed term tenancy on the 7 February 2024. The parties signed an agreement of the same date to break the fixed term tenancy which required the tenant to be liable for rent until a new tenancy began and also required the tenant to pay costs by the landlord in reletting the property.

The landlord found new tenants on the 23 March and the tenancy ended the day before on the 22 March 2024.

The tenant is liable for rent and water until the end of the tenancy. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant had done some cleaning at the property but there was an additional cleaning needed to bring the property up to a reasonable standard.

The tenant had not mown the beam.

There was some staining on the carpet that needed to be removed. The landlord showed me an ingoing inspection report that showed that the stains were not on the carpet when the tenancy began.

The amounts ordered are proved.

Is the tenant responsible for the break fee?

The law.

A tenancy agreement and any agreement to break the fixed term tenancy are contracts. Generally, the courts (Tribunals) will not interfere with the bargain made between two parties. However, the Residential Tenancies Act prohibits contracting out of the Act and a tenant is not bound by any term of a tenancy agreement that requires a tenant to do more than they would be required to under the act. (See s11(3) RTA)

The RTA says that a landlord can agree to reduce a fixed term tenancy and may recover from the tenant reasonable expenses. Usually this is the cost of finding a new tenant, conducting viewings, credit checks, advertising etc.

When considering what is reasonable, it is important to look at the following factors: a) What were the actual costs incurred? b) What were those costs for- were they for items that the landlord would normally pay for? c) What did the parties agree to as reasonable? d) What is fair and equitable in the circumstances?

Having considered all the evidence I have awarded the landlord $495.76 for the break fee this takes into account the following: a. The landlord provided me with a detailed break lease invoice. The landlord is entitled to recover all of the expenses on the invoice except those for the vacate inspection, completing the vacate inspection report, the meth test and the bond lodgement processing and paperwork for the current tenant, the production of the new tenancy agreement, the bond lodgement and paperwork for the new tenant, the time of signing the documents with the new tenant, the collection of bond and first weeks rent, the completion of the ingoing inspection report and the provision of the new tenants with keys and swipe cards etc. The reason that these amounts are not recoverable are because they are landlord’s expenses that would have been incurred in full by the landlord whether or not the tenancy ended earlier. b. I consider the amounts charged for the remainder of the items to be reasonable. c. The property manger kept a record of the time spent. d. The tenant agreed to pay these amounts.

The landlord is entitled to filing fee as the successful party.

Claims and awards in Tenancy Tribunal application 4891040 — net $3,917.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,694.62	2. The landlord has applied for rent arrears, water rates arrears, lawnmowing, carpet cleaning, cleaning and a lease break fee, and reimbursement of the filing…
Water rates	$266.67	Water rates
Lawns and Garden work	$23.00	Lawns and Garden work
Carpet Cleaning	$187.00	Carpet Cleaning
Cleaning	$230.00	Cleaning
Break lease fee	$495.76	Break lease fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,917.49
Total payable by Tenant to Landlord	$3,917.49

Order

Chereille Pomare must pay Noble Property Management Limited - As Agent For Xue Cao $3,917.49 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, water rates arrears, lawnmowing, carpet cleaning, cleaning and a lease break fee, and reimbursement of the filing fee following the end of the tenancy.
The tenant had a fixed term tenancy which was due to end on the 9 September 2024. The tenant requested to be released from the fixed term tenancy on the 7 February 2024. The parties signed an agreement of the same date to break the fixed term tenancy which required the tenant to be liable for rent until a new tenancy began and also required the tenant to pay costs by the landlord in reletting the property.
The landlord found new tenants on the 23 March and the tenancy ended the day before on the 22 March 2024.
The tenant is liable for rent and water until the end of the tenancy. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant had done some cleaning at the property but there was an additional cleaning needed to bring the property up to a reasonable standard.
The tenant had not mown the beam.
There was some staining on the carpet that needed to be removed. The landlord showed me an ingoing inspection report that showed that the stains were not on the carpet when the tenancy began.
The amounts ordered are proved.

Is the tenant responsible for the break fee?

The law.

A tenancy agreement and any agreement to break the fixed term tenancy are contracts. Generally, the courts (Tribunals) will not interfere with the bargain made between two parties. However, the Residential Tenancies Act prohibits contracting out of the Act and a tenant is not bound by any term of a tenancy agreement that requires a tenant to do more than they would be required to under the act. (See s11(3) RTA)
The RTA says that a landlord can agree to reduce a fixed term tenancy and may recover from the tenant reasonable expenses. Usually this is the cost of finding a new tenant, conducting viewings, credit checks, advertising etc.
When considering what is reasonable, it is important to look at the following factors: a) What were the actual costs incurred? b) What were those costs for- were they for items that the landlord would normally pay for? c) What did the parties agree to as reasonable? d) What is fair and equitable in the circumstances?
Having considered all the evidence I have awarded the landlord $495.76 for the break fee this takes into account the following: a. The landlord provided me with a detailed break lease invoice. The landlord is entitled to recover all of the expenses on the invoice except those for the vacate inspection, completing the vacate inspection report, the meth test and the bond lodgement processing and paperwork for the current tenant, the production of the new tenancy agreement, the bond lodgement and paperwork for the new tenant, the time of signing the documents with the new tenant, the collection of bond and first weeks rent, the completion of the ingoing inspection report and the provision of the new tenants with keys and swipe cards etc. The reason that these amounts are not recoverable are because they are landlord’s expenses that would have been incurred in full by the landlord whether or not the tenancy ended earlier. b. I consider the amounts charged for the remainder of the items to be reasonable. c. The property manger kept a record of the time spent. d. The tenant agreed to pay these amounts.
The landlord is entitled to filing fee as the successful party.

Tenancy Tribunal case 4891040 — Rent arrears at 44 Tumu Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4891040 — Rent arrears at 44 Tumu Road, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the break fee?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the break fee?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions