What was Tenancy Tribunal case 4907353 about?

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

How much money was awarded in case 4907353?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,840.00 awarded to landlord; Water Rates: $81.00 awarded to landlord

What type of tenancy dispute was case 4907353?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4907353?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10588717-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4907353 about?

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

How much money was awarded in case 4907353?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,840.00 awarded to landlord; Water Rates: $81.00 awarded to landlord

What type of tenancy dispute was case 4907353?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4907353?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10588717-Tribunal_Order_Redacted.pdf.

31 Kiato Lane, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4907353 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4907353 — net $3,021.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 July 2024	$5,840.00	Rent arrears to 19 July 2024
Water rates	$81.00	15. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $81.00.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,021.44
Total payable by Tenant to Landlord	$3,021.44

Both parties attended the hearing which was held by teleconference. Arvind Kumar attended but was represented by his son, Aryan Kumar.

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

How much is owed for rent?

The tenants signed a one-year fixed term tenancy to begin on 17 February 2024. They then gave notice on 22 April 2024 that they would be ending the tenancy early, and they moved out of the premises on 12 June 2024.

The tenant stated that they found many people who were willing to take over the tenancy, and they referred these people to the landlord. Because the tenant believes these people were suitable for the tenancy, they seek to be relieved of their obligation to continue to pay rent for the fixed term tenancy that they signed up to in February 2024, past the date on which they moved out.

The landlord stated that of the people who were referred to them as potential tenants, only one completed an application form and this person was unsuitable as they had five children, and the property is a two-bedroom home.

The landlord has found a tenant to take over the premises on 20 July 2024, and is seeking rent up until 19 July 2024, which amounts to $5,840.00.

The landlord provided a rent summary which confirms this is the correct amount to 19 July 2024.

A party, in this case the landlord, must take all reasonable steps to limit the damage or loss arising from a breach by the other party, see the Residential Tenancies Act, 1986, (the “RTA”) section 49.

The tenant moved out on 12 June 2024 and the landlord has found a suitable tenant to take over from 20 July 2024. That is not the fastest turn around for a tenancy but I am satisfied it is a reasonable timeframe. There is no legal basis for the tenant’s position that because they found tenants who they considered suitable, the landlord should be obligated to offer the tenancy to them; a landlord is entitled to conduct their own due diligence and tenant checks, and select a tenant who they consider suitable.

I consider the tenancy ends on 19 July 2024 and rent is due to that date. On that basis, $5,840.00 rent arrears is proved.

The tenant raised an issue on behalf of the landlord regarding the tenant being liable to pay for the difference between the $730.00 per week rent they were paying, and the $660.00 per week rent the new tenant is paying.

The landlord confirmed orally this was the case.

The landlord has not submitted any information proving the new rent, or any information in support of a claim that the market rent for the property has fallen by that, or any other amount. Without this information, I am unable to determine this issue.

This claim, whether raised by the tenant or the landlord, is not proved.

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $81.00. The tenant accepts this amount. The water rates arrears is proved.

The landlord is claiming $870.00 break lease fees.

A landlord may seek to recover costs see RTA section 44A. To do this, a landlord must first provide an itemised account, see RTA 44A(2).

The landlord has provided a general schedule of costs for “Break Lease Expenses”. This schedule of costs falls short of being an itemised account that relates specifically to this tenancy: It is not addressed to anyone, it does not refer to any particular tenancy, and it is not dated. Under the heading “Tenancy Finalisation Costs” for example, is the cost “up to $240” and an example of what may be included. No confirmation of what was actually done at the end of this tenancy, no confirmation of what if any advertising was undertaken, and no receipts for advertising or any other costs has been produced.

The claim for break lease fees is not proved.

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4907353 — net $3,021.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 July 2024	$5,840.00	Rent arrears to 19 July 2024
Water rates	$81.00	15. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $81.00.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,021.44
Total payable by Tenant to Landlord	$3,021.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details. 2. 3.
The claim for break lease fees is dismissed.

Reasons

Both parties attended the hearing which was held by teleconference. Arvind Kumar attended but was represented by his son, Aryan Kumar.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenants signed a one-year fixed term tenancy to begin on 17 February 2024. They then gave notice on 22 April 2024 that they would be ending the tenancy early, and they moved out of the premises on 12 June 2024.
The tenant stated that they found many people who were willing to take over the tenancy, and they referred these people to the landlord. Because the tenant believes these people were suitable for the tenancy, they seek to be relieved of their obligation to continue to pay rent for the fixed term tenancy that they signed up to in February 2024, past the date on which they moved out.
The landlord stated that of the people who were referred to them as potential tenants, only one completed an application form and this person was unsuitable as they had five children, and the property is a two-bedroom home.
The landlord has found a tenant to take over the premises on 20 July 2024, and is seeking rent up until 19 July 2024, which amounts to $5,840.00.
The landlord provided a rent summary which confirms this is the correct amount to 19 July 2024.
A party, in this case the landlord, must take all reasonable steps to limit the damage or loss arising from a breach by the other party, see the Residential Tenancies Act, 1986, (the “RTA”) section 49.
The tenant moved out on 12 June 2024 and the landlord has found a suitable tenant to take over from 20 July 2024. That is not the fastest turn around for a tenancy but I am satisfied it is a reasonable timeframe. There is no legal basis for the tenant’s position that because they found tenants who they considered suitable, the landlord should be obligated to offer the tenancy to them; a landlord is entitled to conduct their own due diligence and tenant checks, and select a tenant who they consider suitable.
I consider the tenancy ends on 19 July 2024 and rent is due to that date. On that basis, $5,840.00 rent arrears is proved.
The tenant raised an issue on behalf of the landlord regarding the tenant being liable to pay for the difference between the $730.00 per week rent they were paying, and the $660.00 per week rent the new tenant is paying.
The landlord confirmed orally this was the case.
The landlord has not submitted any information proving the new rent, or any information in support of a claim that the market rent for the property has fallen by that, or any other amount. Without this information, I am unable to determine this issue.
This claim, whether raised by the tenant or the landlord, is not proved.
The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $81.00. The tenant accepts this amount. The water rates arrears is proved.
The landlord is claiming $870.00 break lease fees.
A landlord may seek to recover costs see RTA section 44A. To do this, a landlord must first provide an itemised account, see RTA 44A(2).
The landlord has provided a general schedule of costs for “Break Lease Expenses”. This schedule of costs falls short of being an itemised account that relates specifically to this tenancy: It is not addressed to anyone, it does not refer to any particular tenancy, and it is not dated. Under the heading “Tenancy Finalisation Costs” for example, is the cost “up to $240” and an example of what may be included. No confirmation of what was actually done at the end of this tenancy, no confirmation of what if any advertising was undertaken, and no receipts for advertising or any other costs has been produced.
The claim for break lease fees is not proved.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4907353 — Rent arrears at 31 Kiato Lane, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 4907353 — Rent arrears at 31 Kiato Lane, Flat Bush, Auckland 2019

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions