What was Tenancy Tribunal case 4916598 about?

The tribunal order states: Village Estate Agents Limited Natalie Gonthier must pay [The tenant/s]

How much money was awarded in case 4916598?

Compensation: Refund Break Lease Fee: $743.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4916598?

The dispute type was not classified.

Where can I read the official tribunal order for case 4916598?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10856505-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4916598 about?

The tribunal order states: Village Estate Agents Limited Natalie Gonthier must pay [The tenant/s]

How much money was awarded in case 4916598?

Compensation: Refund Break Lease Fee: $743.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4916598?

The dispute type was not classified.

Where can I read the official tribunal order for case 4916598?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10856505-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 1, 39 Cromwell Street, Mount Eden, Auckland Tenancy Tribunal Case 4916598 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4916598 — net $763.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Refund break lease fee	$743.00	Refund break lease fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$763.44
Total payable by Landlord to Tenant	$763.44

Both parties attended the hearing which was held by teleconference. Mr Dhaduk was assisted by a Gujarati interpreter.

On 8 July 2023 the tenants signed a one-year fixed-term tenancy agreement for the above property. The end date was 8 July 2024.

On Thursday 7 March 2024 the tenant texted the landlord asking what the process was if they wanted to vacate the property they were currently renting.

On the same day the landlord responded saying that all they required was 28 days’ notice.

On Saturday 9 March 2024 the tenant gave 28 days’ notice in writing to the landlord.

On Sunday 10 March 2024 the tenant signed a new tenancy agreement for another property.

On Monday 11 March 2024, the landlord realised they had made a mistake by recording the tenancy in their records as periodic, when it was in fact a fixed term agreement. Because of this the landlord had given the tenant information that was inconsistent with the landlord’s usual practice of charging a break lease fee for ending a fixed-term tenancy early.

A landlord may recover from an outgoing tenant expense reasonably incurred in respect of a termination of a tenancy, see the Residential Tenancies Act, 1986, section 44A. Information to this effect is also contained in clause 14 of the “Additional Terms and Conditions” section of the tenancy agreement signed by the tenant and the landlord: “14. Lease Breaks - If the tenant wishes to vacate the fixed term tenancy early, the tenant may submit a request in writing seeking the landlord's consent. The tenant may also apply to the Tenancy Tribunal to be released from the tenancy agreement in accordance with S.66 of the Residential Tenancies Act 1986. The landlord reserves the right to grant or decline the request for early release from the tenant. If the landlord consents to ending the fixed term early, the landlord may place conditions on the consent addressing the matters below and including charging the tenant reasonable costs. The landlord, under Section 44A of the Residential Tenancies Act 1986, will provide an itemised breakdown of these reasonable costs. If the tenant does wish to break their lease, they must apply in writing. If the application is successful, then the landlord and tenant shall enter into an agreement. The tenant is liable for the rent and other matters contained in the agreement until they have been formally released in terms of the agreement. The tenant is liable for the reasonable costs of having the property re-rented”

The tenant claims that having inquired of the landlord as to what was required of him to end the tenancy, the landlord responded, the tenant found the terms agreeable and acting in reliance on the terms set out by the landlord, signed another tenancy agreement that he was bound by.

Only after this had happened, was the tenant advised by the landlord that due to the landlord having made a mistake in recording the nature of the tenancy agreement, they wished to change the terms of the break lease.

The landlord’s position is that the terms agreed with the tenant regarding the end of tenancy were a mistake.

My determination is that the mistake made by the landlord was not in the terms agreed on by the parties regarding the end of the tenancy, but in the recording of the type of tenancy that was signed. At the point that the landlord set out the terms to end the tenancy, that is, at the time of making the agreement to end the tenancy, there was no mistake.

The tenant is therefore not liable for any break lease fees. The fees that the tenant paid in order to have his bond released, must therefore be refunded.

Because the tenant has been wholly successful in his application, I must order reimbursement of the application fee.

Claims and awards in Tenancy Tribunal application 4916598 — net $763.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Refund break lease fee	$743.00	Refund break lease fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$763.44
Total payable by Landlord to Tenant	$763.44

Order

Village Estate Agents Limited Natalie Gonthier must pay [The tenant/s] and [The tenant/s] $763.44 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing which was held by teleconference. Mr Dhaduk was assisted by a Gujarati interpreter.
On 8 July 2023 the tenants signed a one-year fixed-term tenancy agreement for the above property. The end date was 8 July 2024.
On Thursday 7 March 2024 the tenant texted the landlord asking what the process was if they wanted to vacate the property they were currently renting.
On the same day the landlord responded saying that all they required was 28 days’ notice.
On Saturday 9 March 2024 the tenant gave 28 days’ notice in writing to the landlord.
On Sunday 10 March 2024 the tenant signed a new tenancy agreement for another property.
On Monday 11 March 2024, the landlord realised they had made a mistake by recording the tenancy in their records as periodic, when it was in fact a fixed term agreement. Because of this the landlord had given the tenant information that was inconsistent with the landlord’s usual practice of charging a break lease fee for ending a fixed-term tenancy early.
A landlord may recover from an outgoing tenant expense reasonably incurred in respect of a termination of a tenancy, see the Residential Tenancies Act, 1986, section 44A. Information to this effect is also contained in clause 14 of the “Additional Terms and Conditions” section of the tenancy agreement signed by the tenant and the landlord: “14. Lease Breaks - If the tenant wishes to vacate the fixed term tenancy early, the tenant may submit a request in writing seeking the landlord's consent. The tenant may also apply to the Tenancy Tribunal to be released from the tenancy agreement in accordance with S.66 of the Residential Tenancies Act 1986. The landlord reserves the right to grant or decline the request for early release from the tenant. If the landlord consents to ending the fixed term early, the landlord may place conditions on the consent addressing the matters below and including charging the tenant reasonable costs. The landlord, under Section 44A of the Residential Tenancies Act 1986, will provide an itemised breakdown of these reasonable costs. If the tenant does wish to break their lease, they must apply in writing. If the application is successful, then the landlord and tenant shall enter into an agreement. The tenant is liable for the rent and other matters contained in the agreement until they have been formally released in terms of the agreement. The tenant is liable for the reasonable costs of having the property re-rented”
The tenant claims that having inquired of the landlord as to what was required of him to end the tenancy, the landlord responded, the tenant found the terms agreeable and acting in reliance on the terms set out by the landlord, signed another tenancy agreement that he was bound by.
Only after this had happened, was the tenant advised by the landlord that due to the landlord having made a mistake in recording the nature of the tenancy agreement, they wished to change the terms of the break lease.
The landlord’s position is that the terms agreed with the tenant regarding the end of tenancy were a mistake.
My determination is that the mistake made by the landlord was not in the terms agreed on by the parties regarding the end of the tenancy, but in the recording of the type of tenancy that was signed. At the point that the landlord set out the terms to end the tenancy, that is, at the time of making the agreement to end the tenancy, there was no mistake.
The tenant is therefore not liable for any break lease fees. The fees that the tenant paid in order to have his bond released, must therefore be refunded.
Because the tenant has been wholly successful in his application, I must order reimbursement of the application fee.

Tenancy Tribunal case 4916598 — Tenancy dispute at Unit/Flat Flat 1, 39 Cromwell Street, Mount Eden, Auckland

At a glance

Tenancy Tribunal case 4916598 — Tenancy dispute at Unit/Flat Flat 1, 39 Cromwell Street, Mount Eden, Auckland

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