What was Tenancy Tribunal case 4916345 about?

The tribunal order states: The tenancy of [The tenant/s] and [The tenant/s] at 108 Kitchener Road, Milford,

How much money was awarded in case 4916345?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $12,600.00 awarded to landlord; Rent From 12 July 2024: $7,971.43 awarded to landlord

What type of tenancy dispute was case 4916345?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4916345?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10567467-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4916345 about?

The tribunal order states: The tenancy of [The tenant/s] and [The tenant/s] at 108 Kitchener Road, Milford,

How much money was awarded in case 4916345?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $12,600.00 awarded to landlord; Rent From 12 July 2024: $7,971.43 awarded to landlord

What type of tenancy dispute was case 4916345?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4916345?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10567467-Tenancy_Tribunal_Order.pdf.

108 Kitchener Road, Milford, Auckland 0620 Tenancy Tribunal Case 4916345 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4916345 — net $13,391.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 July 2024	$12,600.00	Rent arrears to 11 July 2024
Rent from 12 July 2024 to 11 August 2024	$7,971.43	Rent from 12 July 2024 to 11 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$13,391.87
Total payable by Tenant to Landlord	$13,391.87

The tenancy of [The tenant/s] and [The tenant/s] at 108 Kitchener Road, Milford, Auckland 0620 is terminated, and possession is granted to Crockers Property Management Limited As Agent For Boliang Liu and [The landlord/s] at 11:59pm on 11 July 2024.

[The tenant/s] and [The tenant/s] must pay Crockers Property Management Limited As Agent For Boliang Liu And [The landlord/s] $13,391.87 immediately, being rent arrears to 11 July 2024, rent from 12 July 2024 until 11 August 2024 and reimbursement of the filing fee, less the bond as calculated in the table below:

The Bond Centre is to pay the bond of $7,200.00 (5805651-002) to Crockers Property Management Limited As Agent For Boliang Liu And [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The Tribunal gave the tenant notice of the hearing. The tenant has not communicated with the Tribunal to explain why the tenant would not attend the hearing. The hearing proceeded in the tenant’s absence.

The landlord has applied for termination of the tenancy, rent arrears, and refund of the bond.

The tenancy is a fixed-term tenancy for a period of 24 months. It is due to end on 21 April 2025.

The landlord gave evidence at the hearing that in June 2024, the tenant advised that they were returning to the United Kingdom and wished to end the tenancy early. The landlord gave evidence that the landlord told the tenant it would market the property to find new tenants and that the tenant would be liable for the rent until a new tenancy commenced.

The usual legal position with fixed-term contracts is that the term of the contract will be applied strictly, and it will only be in limited circumstances, that a decision maker like this Tribunal would interfere with that term. In the case of residential tenancies, one of these circumstances is found in section 66 of the Residential Tenancies Act 1986 (“RTA”), which allows for the reduction of fixed-term tenancy agreements where there has been an unforeseen change in one of the parties circumstances, the change will result in a severe hardship to the applicant if the tenancy is not ended and the severe hardship exceeds the hardship the other party would suffer if the term was not reduced. The tenant did not make such an application.

The tenancy agreement is also relevant. Clause 16 of the additional terms of the tenancy agreement provides that in the event the tenant wishes to vacate the fixed-term early: .... the tenant is liable for rent and other matters contained in the agreement until they have been formally released in terms of the agreement.

The tenant was not released from the terms of the agreement. The landlord gave evidence that the tenant vacated the premises on 10 June 2024 and that new tenants have been found. The new tenancy will commence on 12 August 2024. At the hearing, the landlord sought an additional claim, being rent to cover the period from termination to when the new tenancy begins.

Section 61(1) of the RTA provides that upon receiving an application from the landlord, the Tribunal may make an order terminating the tenancy where it is satisfied that the rent is in arrears and the tenant has abandoned the premises. The landlord provided rent records in the form of a rent ledger which proves the rent arrears owed by the tenant. I am satisfied that the tenant has abandoned and is in rent arrears. Therefore, I have ordered termination of the tenancy from 11:59pm on 11 July 2024.

Section 61(3) of the RTA provides that: A tenant who abandons the premises shall, notwithstanding any rule of law to the contrary, be liable to pay the rent for any period up to and including, but not after, the following date: ... (b) in the case of a fixed-term tenancy,— (i) the date of the expiry of the term; or (ii) the date of commencement of a new tenancy of the premises,— whichever is the earlier.

The new tenancy starts on 12 August 2024. I have ordered that the tenant is liable for rent arrears to 11 July 2024 and rent from 12 July 2024 until 11 August 2024.

The landlord has been wholly successful in its claims. Therefore, I must award that the tenant pays the landlord the filing fee paid for the application.

Claims and awards in Tenancy Tribunal application 4916345 — net $13,391.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 July 2024	$12,600.00	Rent arrears to 11 July 2024
Rent from 12 July 2024 to 11 August 2024	$7,971.43	Rent from 12 July 2024 to 11 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$13,391.87
Total payable by Tenant to Landlord	$13,391.87

Order

The tenancy of [The tenant/s] and [The tenant/s] at 108 Kitchener Road, Milford, Auckland 0620 is terminated, and possession is granted to Crockers Property Management Limited As Agent For Boliang Liu and [The landlord/s] at 11:59pm on 11 July 2024.
[The tenant/s] and [The tenant/s] must pay Crockers Property Management Limited As Agent For Boliang Liu And [The landlord/s] $13,391.87 immediately, being rent arrears to 11 July 2024, rent from 12 July 2024 until 11 August 2024 and reimbursement of the filing fee, less the bond as calculated in the table below:
The Bond Centre is to pay the bond of $7,200.00 (5805651-002) to Crockers Property Management Limited As Agent For Boliang Liu And [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. The Tribunal gave the tenant notice of the hearing. The tenant has not communicated with the Tribunal to explain why the tenant would not attend the hearing. The hearing proceeded in the tenant’s absence.
The landlord has applied for termination of the tenancy, rent arrears, and refund of the bond.
The tenancy is a fixed-term tenancy for a period of 24 months. It is due to end on 21 April 2025.
The landlord gave evidence at the hearing that in June 2024, the tenant advised that they were returning to the United Kingdom and wished to end the tenancy early. The landlord gave evidence that the landlord told the tenant it would market the property to find new tenants and that the tenant would be liable for the rent until a new tenancy commenced.
The usual legal position with fixed-term contracts is that the term of the contract will be applied strictly, and it will only be in limited circumstances, that a decision maker like this Tribunal would interfere with that term. In the case of residential tenancies, one of these circumstances is found in section 66 of the Residential Tenancies Act 1986 (“RTA”), which allows for the reduction of fixed-term tenancy agreements where there has been an unforeseen change in one of the parties circumstances, the change will result in a severe hardship to the applicant if the tenancy is not ended and the severe hardship exceeds the hardship the other party would suffer if the term was not reduced. The tenant did not make such an application.
The tenancy agreement is also relevant. Clause 16 of the additional terms of the tenancy agreement provides that in the event the tenant wishes to vacate the fixed-term early: .... the tenant is liable for rent and other matters contained in the agreement until they have been formally released in terms of the agreement.
The tenant was not released from the terms of the agreement. The landlord gave evidence that the tenant vacated the premises on 10 June 2024 and that new tenants have been found. The new tenancy will commence on 12 August 2024. At the hearing, the landlord sought an additional claim, being rent to cover the period from termination to when the new tenancy begins.
Section 61(1) of the RTA provides that upon receiving an application from the landlord, the Tribunal may make an order terminating the tenancy where it is satisfied that the rent is in arrears and the tenant has abandoned the premises. The landlord provided rent records in the form of a rent ledger which proves the rent arrears owed by the tenant. I am satisfied that the tenant has abandoned and is in rent arrears. Therefore, I have ordered termination of the tenancy from 11:59pm on 11 July 2024.
Section 61(3) of the RTA provides that: A tenant who abandons the premises shall, notwithstanding any rule of law to the contrary, be liable to pay the rent for any period up to and including, but not after, the following date: ... (b) in the case of a fixed-term tenancy,— (i) the date of the expiry of the term; or (ii) the date of commencement of a new tenancy of the premises,— whichever is the earlier.
The new tenancy starts on 12 August 2024. I have ordered that the tenant is liable for rent arrears to 11 July 2024 and rent from 12 July 2024 until 11 August 2024.
The landlord has been wholly successful in its claims. Therefore, I must award that the tenant pays the landlord the filing fee paid for the application.

Tenancy Tribunal case 4916345 — Rent arrears at 108 Kitchener Road, Milford, Auckland 0620

At a glance

Tenancy Tribunal case 4916345 — Rent arrears at 108 Kitchener Road, Milford, Auckland 0620

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions