What was Tenancy Tribunal case 4929533 about?

The tribunal order states: Anthony Willliam Reynolds must pay [The landlord/s] $6,172.00 immediately,

How much money was awarded in case 4929533?

Break Fees: $485.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,660.00 awarded to landlord

What type of tenancy dispute was case 4929533?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4929533?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10715074-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4929533 about?

The tribunal order states: Anthony Willliam Reynolds must pay [The landlord/s] $6,172.00 immediately,

How much money was awarded in case 4929533?

Break Fees: $485.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,660.00 awarded to landlord

What type of tenancy dispute was case 4929533?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4929533?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10715074-Tribunal_Order_Redacted.pdf.

45 Anakiwa Street, Kelvin Grove, Palmerston North 4414 Tenancy Tribunal Case 4929533 — Rent arrears

Claims and awards in Tenancy Tribunal application 4929533 — net $6,172.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,660.00	Rent arrears
Break fees	$485.00	Break fees
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,172.00
Total payable by Tenant to Landlord	$6,172.00

Order

Anthony Willliam Reynolds must pay [The landlord/s] $6,172.00 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$5,660.00 Break fees$485.00 Filing fee reimbursement$27.00 Total award$6,172.00 Total payable by Tenant to Landlord$6,172.00

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Standard of proof and evidence
In considering the landlord’s claims, the standard of proof is “on the balance of probabilities”. In other words, the landlord must establish with evidence that their claim is more likely than not. I have considered each of the claims bearing in mind the standard of proof required.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding each claim, I have considered all the evidence presented, including oral testimony. I have weighed this evidence to decide what is more likely. Certain types of evidence carry more weight, which must be considered when weighing all the evidence.
While I have not referred to all the evidence presented at the hearing, the parties can be assured that it has all been considered. In the interests of conciseness, I have referred in this Order only to the most relevant or important evidence.
By accepting the evidence of one person over that of another person, it is not because the Tribunal does not believe the first person’s evidence. Instead, the Tribunal has determined that the evidence of the other person is more likely and may be supported by other evidence that makes it more likely.
It is for an applicant to provide the evidence necessary to prove their claims. If the applicant fails to do so then their application will be dismissed whether it has merit or not, because it is for the applicant to provide the necessary evidence. It is not the Tribunal’s responsibility to extract evidence.
Section 85(2) of the Residential Tenancies Act 1986 (RTA) requires the Tribunal to determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. The Tribunal has determined the landlord’s application with this requirement in mind. Rent claim
The parties agreed: a. They had entered into three successive, one-year fixed term tenancy agreements. b. The third term was to expire on 5 February 2024. c. Prior to Christmas 2023, the landlord met with the tenant and discussed whether the tenant wished to sign a new tenancy agreement for a further fixed term of one year from 6 February 2024 to 5 February 2025. d. A fixed term tenancy agreement was signed by the parties on 19 January 2024 for the one-year fixed term. e. The tenant gave notice on 7 March 2024 that he wanted to end the tenancy as he had rented a more affordable property in Feilding. f. The tenant’s last rent payment was made on 28 March 2024.
The tenant gave evidence that: a. He had told the landlord at the meeting prior to Christmas and the landlord’s daughter at the time the tenancy agreement was signed in January that he had put his name down on a waiting list for a council flat. b. He told them both that he expected to be offered a council flat to rent in “a couple of months” and would be giving the landlord notice during the year. c. He did not understand that he had signed a fixed term tenancy agreement. d. He gave evidence that he was an inexperienced tenant without a clear understanding of the difference between a fixed tenancy and a periodic tenancy.
The landlord gave evidence that: a. The tenant told him at the meeting prior to Christmas that he would be putting his name down on the waiting list for a council flat but that it would be “at least twelve months” before one would become available. b. The tenancies with the tenant had all been for one-year fixed terms and that this was what he offered the tenant. c. All the tenancies of the landlord’s rental properties were for a one-year fixed term. d. He explained what a fixed term tenancy was and its consequences if the tenant wanted to leave before the end of the term. e. The tenant appeared to understand that he was being offered a renewal for a one-year fixed term.
The landlord’s daughter who acted as the landlord’s agent and met with the tenant at the time the agreement was signed gave evidence that: a. The landlord was aware that the tenant had put his name down on a waiting list for a council flat and so asked her to ensure that before signing, the tenant understood that he was signing a fixed term tenancy agreement and that this was appropriate given his stated intention to move into a council flat. b. At their meeting to sign the tenancy agreement, the tenant confirmed that he had put his name down on a waiting list for a council flat, that the list was long and he did not expect to be offered a place during 2024. c. She went through the agreement with the tenant and explained it to him before it was signed. She pointed out the fixed term and the increase in rent. d. Having read through the agreement for some five minutes. He appeared to understand its terms but did not ask any questions. e. The tenant then signed the agreement.
In the absence of evidence that the parties’ contract should be set aside or voided, the Tribunal accepts the landlord’s evidence that the signed tenancy agreement records the parties’ legally binding agreement.
The landlord has satisfied the Tribunal on the balance of probabilities that the tenancy between the parties was for a fixed term.
This means that the tenant is liable for the rent under the agreement until the end of the fixed term. The tenant could have made an application to the Tribunal under section 66 of the Residential Tenancies Act 1986 (“RTA”) to reduce the fixed term. The tenant did not do so.
The landlord is not under any obligation to re-let the property to limit the tenant’s liability where the parties have signed a fixed term tenancy. However, the landlord agreed to do so.
The landlord has satisfied the Tribunal that in these circumstances it is appropriate to award rent to the landlord to the date of the new tenancy starting. Break fee
The landlord advised that the property was advertised for rent once the tenant had vacated and that a number of interested persons viewed the property. It was eventually rented to a suitable tenant from 5 July 2024. The landlord has therefore claimed rent for the period up until this date.
The landlord has also claimed an amount for advertising expenses and his time in holding viewings and selecting a new tenant. The landlord has also claimed the cost of supplying power to the property during the period it was vacant. He explained that it was necessary to have the power connected so that prospective tenants could view the property with the lighting on.
The landlord is entitled to his reasonable costs in dealing with the tenant’s request to end the fixed term tenancy and finding new tenants. The fixed term had only just begun. The amount claimed is reasonable and I have included in that sum compensation for the power usage as this was a reasonable expense incurred because of the tenant vacating the property prior to the end of the fixed term. Travel costs
The landlord also claimed an amount for his travel to the hearing. Attendance at a Tribunal hearing is part of the cost involved in running the landlord’s business as a provider of residential accommodation. The landlord could have appointed a local agent to attend the hearing on its behalf. It is not an expense for which the tenant is liable.
The landlord’s claim is dismissed. Filing fee
Because [The applicant/s] have wholly succeeded with their claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4929533 — net $6,172.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,660.00	Rent arrears
Break fees	$485.00	Break fees
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,172.00
Total payable by Tenant to Landlord	$6,172.00

Order

Anthony Willliam Reynolds must pay [The landlord/s] $6,172.00 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$5,660.00 Break fees$485.00 Filing fee reimbursement$27.00 Total award$6,172.00 Total payable by Tenant to Landlord$6,172.00

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Standard of proof and evidence
In considering the landlord’s claims, the standard of proof is “on the balance of probabilities”. In other words, the landlord must establish with evidence that their claim is more likely than not. I have considered each of the claims bearing in mind the standard of proof required.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding each claim, I have considered all the evidence presented, including oral testimony. I have weighed this evidence to decide what is more likely. Certain types of evidence carry more weight, which must be considered when weighing all the evidence.
While I have not referred to all the evidence presented at the hearing, the parties can be assured that it has all been considered. In the interests of conciseness, I have referred in this Order only to the most relevant or important evidence.
By accepting the evidence of one person over that of another person, it is not because the Tribunal does not believe the first person’s evidence. Instead, the Tribunal has determined that the evidence of the other person is more likely and may be supported by other evidence that makes it more likely.
It is for an applicant to provide the evidence necessary to prove their claims. If the applicant fails to do so then their application will be dismissed whether it has merit or not, because it is for the applicant to provide the necessary evidence. It is not the Tribunal’s responsibility to extract evidence.
Section 85(2) of the Residential Tenancies Act 1986 (RTA) requires the Tribunal to determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. The Tribunal has determined the landlord’s application with this requirement in mind. Rent claim
The parties agreed: a. They had entered into three successive, one-year fixed term tenancy agreements. b. The third term was to expire on 5 February 2024. c. Prior to Christmas 2023, the landlord met with the tenant and discussed whether the tenant wished to sign a new tenancy agreement for a further fixed term of one year from 6 February 2024 to 5 February 2025. d. A fixed term tenancy agreement was signed by the parties on 19 January 2024 for the one-year fixed term. e. The tenant gave notice on 7 March 2024 that he wanted to end the tenancy as he had rented a more affordable property in Feilding. f. The tenant’s last rent payment was made on 28 March 2024.
The tenant gave evidence that: a. He had told the landlord at the meeting prior to Christmas and the landlord’s daughter at the time the tenancy agreement was signed in January that he had put his name down on a waiting list for a council flat. b. He told them both that he expected to be offered a council flat to rent in “a couple of months” and would be giving the landlord notice during the year. c. He did not understand that he had signed a fixed term tenancy agreement. d. He gave evidence that he was an inexperienced tenant without a clear understanding of the difference between a fixed tenancy and a periodic tenancy.
The landlord gave evidence that: a. The tenant told him at the meeting prior to Christmas that he would be putting his name down on the waiting list for a council flat but that it would be “at least twelve months” before one would become available. b. The tenancies with the tenant had all been for one-year fixed terms and that this was what he offered the tenant. c. All the tenancies of the landlord’s rental properties were for a one-year fixed term. d. He explained what a fixed term tenancy was and its consequences if the tenant wanted to leave before the end of the term. e. The tenant appeared to understand that he was being offered a renewal for a one-year fixed term.
The landlord’s daughter who acted as the landlord’s agent and met with the tenant at the time the agreement was signed gave evidence that: a. The landlord was aware that the tenant had put his name down on a waiting list for a council flat and so asked her to ensure that before signing, the tenant understood that he was signing a fixed term tenancy agreement and that this was appropriate given his stated intention to move into a council flat. b. At their meeting to sign the tenancy agreement, the tenant confirmed that he had put his name down on a waiting list for a council flat, that the list was long and he did not expect to be offered a place during 2024. c. She went through the agreement with the tenant and explained it to him before it was signed. She pointed out the fixed term and the increase in rent. d. Having read through the agreement for some five minutes. He appeared to understand its terms but did not ask any questions. e. The tenant then signed the agreement.
In the absence of evidence that the parties’ contract should be set aside or voided, the Tribunal accepts the landlord’s evidence that the signed tenancy agreement records the parties’ legally binding agreement.
The landlord has satisfied the Tribunal on the balance of probabilities that the tenancy between the parties was for a fixed term.
This means that the tenant is liable for the rent under the agreement until the end of the fixed term. The tenant could have made an application to the Tribunal under section 66 of the Residential Tenancies Act 1986 (“RTA”) to reduce the fixed term. The tenant did not do so.
The landlord is not under any obligation to re-let the property to limit the tenant’s liability where the parties have signed a fixed term tenancy. However, the landlord agreed to do so.
The landlord has satisfied the Tribunal that in these circumstances it is appropriate to award rent to the landlord to the date of the new tenancy starting. Break fee
The landlord advised that the property was advertised for rent once the tenant had vacated and that a number of interested persons viewed the property. It was eventually rented to a suitable tenant from 5 July 2024. The landlord has therefore claimed rent for the period up until this date.
The landlord has also claimed an amount for advertising expenses and his time in holding viewings and selecting a new tenant. The landlord has also claimed the cost of supplying power to the property during the period it was vacant. He explained that it was necessary to have the power connected so that prospective tenants could view the property with the lighting on.
The landlord is entitled to his reasonable costs in dealing with the tenant’s request to end the fixed term tenancy and finding new tenants. The fixed term had only just begun. The amount claimed is reasonable and I have included in that sum compensation for the power usage as this was a reasonable expense incurred because of the tenant vacating the property prior to the end of the fixed term. Travel costs
The landlord also claimed an amount for his travel to the hearing. Attendance at a Tribunal hearing is part of the cost involved in running the landlord’s business as a provider of residential accommodation. The landlord could have appointed a local agent to attend the hearing on its behalf. It is not an expense for which the tenant is liable.
The landlord’s claim is dismissed. Filing fee
Because [The applicant/s] have wholly succeeded with their claim I must reimburse the filing fee.

Tenancy Tribunal case 4929533 — Rent arrears at 45 Anakiwa Street, Kelvin Grove, Palmerston North 4414

At a glance

Tenancy Tribunal case 4929533 — Rent arrears at 45 Anakiwa Street, Kelvin Grove, Palmerston North 4414

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions