What was Tenancy Tribunal case 4894420 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,200.00 (6203587-040) immediately

How much money was awarded in case 4894420?

Filing Fee: $20.44 awarded to landlord; Rent In Lieu Of Notice To 5/06/2024: $1,952.86 awarded to landlord

What type of tenancy dispute was case 4894420?

The dispute type was not classified.

Where can I read the official tribunal order for case 4894420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10625256-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4894420 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,200.00 (6203587-040) immediately

How much money was awarded in case 4894420?

Filing Fee: $20.44 awarded to landlord; Rent In Lieu Of Notice To 5/06/2024: $1,952.86 awarded to landlord

What type of tenancy dispute was case 4894420?

The dispute type was not classified.

Where can I read the official tribunal order for case 4894420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10625256-Tenancy_Tribunal_Order.pdf.

Flat 207, 226 Salisbury Street, Christchurch Central, Tenancy Tribunal Case 4894420 — Tenancy dispute

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Flat 207, 226 Salisbury Street, Christchurch Central, Tenancy Tribunal Case 4894420 — Tenancy dispute | TenantCheck

Claims and awards in Tenancy Tribunal application 4894420. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent in lieu of notice to 5/06/2024	$1,952.86		Rent in lieu of notice to 5/06/2024
Filing fee reimbursement	$20.44		Filing fee reimbursement

Claims and awards for application 4894420. Verify on MoJ.

Rent in lieu of notice to 5/06/2024

Amount: $1,952.86
Awarded to: Landlord
Reason: Rent in lieu of notice to 5/06/2024

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee

Order

The Bond Centre is to pay the bond of $2,200.00 (6203587-040) immediately apportioned as follows: Jeban Holdings Limited As Agent For Elizabeth Fowler: $1,973.30 [The tenant/s] And Building Recruitment Limited: $226.70

Reasons

Representatives of both parties attended the hearing by video conference today.
The landlord and tenant entered into a fixed term tenancy expiring on 15 May 2024. Both parties agree that the named tenant bears sole legal responsibility.
On 9 May 2024, the tenant confirmed to the landlord in writing that it did not intend to continue the tenancy and asked if a later expiry date until 19 May 2024 could be allowed.
The landlord agreed to this.
The landlord seeks rent in lieu of notice. The basis for the claim is that the tenant did not provide at least 28 days’ written notice that it did not wish to continue with the tenancy past the expiry date.
The landlord has been able to re-rent the premises to new tenants from 6 June 2024. Is the tenant required to give at least 28 days’ notice if it does not wish to continue with a fixed term tenancy past the expiry date?
It is a common misconception that a fixed term tenancy automatically ends on the expiry of the fixed term.
This is not the case.
A tenant must give the landlord at least 28 days’ written notice of their intention not to continue with the tenancy past the expiry date; see section 60A(2)(c) of the Residential Tenancies Act 1986 (RTA).
This is so that the landlord has time to take steps to find new tenants.
The tenant did not know that this was the law, and it is not written on the tenancy agreement anywhere. I noted in the hearing that the template tenancy agreements provided by Tenancy Services do include this information.
I award rent in lieu of the required notice up to and including 5 June 2024. This is 27 days.
The landlord initially sought rent over the notice period at a higher weekly rate of $570.00. It was agreed in the hearing to reduce this to the contracted rent of $550.00 per week. I agree that this is correct because there was no written notice of a rent increase given to the tenant and no written agreement by the tenant to the higher rate.
No other claims have been made.
The total rent payable from 10 May 2023 to 5 June 2024 is $30,878.57.
The tenant agrees it has paid rent totalling $28,925.71.
The balance to pay is $1,952.86. I award this amount.
The landlord has succeeded with the claim so I must award the filing fee.
No suppression orders are sought.
The bond is refunded in accordance with the order.

Claims and awards in Tenancy Tribunal application 4894420. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent in lieu of notice to 5/06/2024	$1,952.86		Rent in lieu of notice to 5/06/2024
Filing fee reimbursement	$20.44		Filing fee reimbursement

Claims and awards for application 4894420. Verify on MoJ.

Rent in lieu of notice to 5/06/2024

Amount: $1,952.86
Awarded to: Landlord
Reason: Rent in lieu of notice to 5/06/2024

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee

Order

The Bond Centre is to pay the bond of $2,200.00 (6203587-040) immediately apportioned as follows: Jeban Holdings Limited As Agent For Elizabeth Fowler: $1,973.30 [The tenant/s] And Building Recruitment Limited: $226.70

Reasons

Representatives of both parties attended the hearing by video conference today.
The landlord and tenant entered into a fixed term tenancy expiring on 15 May 2024. Both parties agree that the named tenant bears sole legal responsibility.
On 9 May 2024, the tenant confirmed to the landlord in writing that it did not intend to continue the tenancy and asked if a later expiry date until 19 May 2024 could be allowed.
The landlord agreed to this.
The landlord seeks rent in lieu of notice. The basis for the claim is that the tenant did not provide at least 28 days’ written notice that it did not wish to continue with the tenancy past the expiry date.
The landlord has been able to re-rent the premises to new tenants from 6 June 2024. Is the tenant required to give at least 28 days’ notice if it does not wish to continue with a fixed term tenancy past the expiry date?
It is a common misconception that a fixed term tenancy automatically ends on the expiry of the fixed term.
This is not the case.
A tenant must give the landlord at least 28 days’ written notice of their intention not to continue with the tenancy past the expiry date; see section 60A(2)(c) of the Residential Tenancies Act 1986 (RTA).
This is so that the landlord has time to take steps to find new tenants.
The tenant did not know that this was the law, and it is not written on the tenancy agreement anywhere. I noted in the hearing that the template tenancy agreements provided by Tenancy Services do include this information.
I award rent in lieu of the required notice up to and including 5 June 2024. This is 27 days.
The landlord initially sought rent over the notice period at a higher weekly rate of $570.00. It was agreed in the hearing to reduce this to the contracted rent of $550.00 per week. I agree that this is correct because there was no written notice of a rent increase given to the tenant and no written agreement by the tenant to the higher rate.
No other claims have been made.
The total rent payable from 10 May 2023 to 5 June 2024 is $30,878.57.
The tenant agrees it has paid rent totalling $28,925.71.
The balance to pay is $1,952.86. I award this amount.
The landlord has succeeded with the claim so I must award the filing fee.
No suppression orders are sought.
The bond is refunded in accordance with the order.

Tenancy Tribunal case 4894420 — Tenancy dispute at Flat 207, 226 Salisbury Street, Christchurch Central,

At a glance

Claims & awards

Tenancy Tribunal case 4894420 — Tenancy dispute at Flat 207, 226 Salisbury Street, Christchurch Central,

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions