What was Tenancy Tribunal case 4929700 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $64.14 immediately, as shown in the

How much money was awarded in case 4929700?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $557.14 awarded to landlord

What type of tenancy dispute was case 4929700?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4929700?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10636619-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4929700 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $64.14 immediately, as shown in the

How much money was awarded in case 4929700?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $557.14 awarded to landlord

What type of tenancy dispute was case 4929700?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4929700?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10636619-Tribunal_Order_Redacted.pdf.

Room 4, Unit/Flat 13, 1 Domain Drive, Parnell, Auckland Tenancy Tribunal Case 4929700 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4929700 — net $64.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 June 2024	$557.14	Rent arrears to 28 June 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$64.14
Total payable by Tenant to Landlord	$64.14

Both parties attended the hearing by video conference. Rent arrears

The landlord has applied for rent arrears and has provided rent records.

However, there is a dispute between the parties about when the tenancy ended and when the rent arrears should be paid to.

The tenant vacated the premises on 28 June 2024. Relevant law

The Residential Tenancies Act 1986 (RTA) applies.

Section 51 (2B) of the RTA states a tenant may terminate a periodic tenancy in any case by giving at least 28 days’ notice.

Section 51 (2) (c) of the RTA states that where the landlord is not the owner of the premises and the landlord’s interest in the premises is due to end then the landlord may terminate the tenancy by giving at least 90 days’ notice. This case

The landlords’ position is that the tenant gave notice on 28 June 2024 and as such is liable for 28 days rents from that date. The landlord’s claim is for $1,597.14 for rent arrears until 26 July 2024.

The landlord’s position is that while they were in negotiation with the tenant to end the tenancy, as they were ending their sub-tenancy with their landlord, this had not been settled and the tenancy was ongoing.

The tenant provided the Tribunal with correspondence between the tenant and landlord regarding the end of the tenancy.

On Friday 7 June 2024 the landlord emailed the tenant to inform her that they had decided to end the lease for her room in 2 weeks and they offered her a different rental premises. The landlord’s position was that this was part of negotiating the end of the tenancy.

On Saturday 8 June 2024 the landlord text messaged the tenant to organise prospective new tenants to view the property the tenant was renting the following day, Sunday 9 June 2024.

The tenant considered the landlord was terminating her tenancy and I agree that she was given notice on 7 June 2024.

The tenant replied on 17 June 2024 rejecting the offer of an alternative premises and recording that she will require further time to vacate the premises.

The tenant proposed that if the landlord required her to vacate earlier, then her bond is to be released to her, together with one-week free rent which she states was previously offered.

The landlord emailed the tenant on 18 June 2024 stating they could try and extend her tenancy to 30 June 2024 and recorded that they had asked her to leave.

The landlord then emailed the tenant on 20 June 2024 stating they did not agree to her terms and that she can remain in her premises.

My view is that the tenant did her best to comply with the notice to terminate on 8 June 2024, despite it not complying with the RTA, and she moved out of the premises on 28 June 2024 and informed the landlord of such. Rent is payable to this date only. The rent arrears to 28 June 2024 are $557.14 and this is ordered. Filing fee

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

The landlord sought and is entitled to name suppression as their application has been successful.

The tenant sought name suppression, and, in the circumstances, I consider the tenant should have name suppression and make an order accordingly. See section 95A Residential Tenancies Act

Claims and awards in Tenancy Tribunal application 4929700 — net $64.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 June 2024	$557.14	Rent arrears to 28 June 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$64.14
Total payable by Tenant to Landlord	$64.14

Order

[The tenant/s] must pay [The landlord/s] $64.14 immediately, as shown in the table below:
The Bond Centre is to pay the bond of $520.00 (6506230-004) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing by video conference. Rent arrears
The landlord has applied for rent arrears and has provided rent records.
However, there is a dispute between the parties about when the tenancy ended and when the rent arrears should be paid to.
The tenant vacated the premises on 28 June 2024. Relevant law
The Residential Tenancies Act 1986 (RTA) applies.
Section 51 (2B) of the RTA states a tenant may terminate a periodic tenancy in any case by giving at least 28 days’ notice.
Section 51 (2) (c) of the RTA states that where the landlord is not the owner of the premises and the landlord’s interest in the premises is due to end then the landlord may terminate the tenancy by giving at least 90 days’ notice. This case
The landlords’ position is that the tenant gave notice on 28 June 2024 and as such is liable for 28 days rents from that date. The landlord’s claim is for $1,597.14 for rent arrears until 26 July 2024.
The landlord’s position is that while they were in negotiation with the tenant to end the tenancy, as they were ending their sub-tenancy with their landlord, this had not been settled and the tenancy was ongoing.
The tenant provided the Tribunal with correspondence between the tenant and landlord regarding the end of the tenancy.
On Friday 7 June 2024 the landlord emailed the tenant to inform her that they had decided to end the lease for her room in 2 weeks and they offered her a different rental premises. The landlord’s position was that this was part of negotiating the end of the tenancy.
On Saturday 8 June 2024 the landlord text messaged the tenant to organise prospective new tenants to view the property the tenant was renting the following day, Sunday 9 June 2024.
The tenant considered the landlord was terminating her tenancy and I agree that she was given notice on 7 June 2024.
The tenant replied on 17 June 2024 rejecting the offer of an alternative premises and recording that she will require further time to vacate the premises.
The tenant proposed that if the landlord required her to vacate earlier, then her bond is to be released to her, together with one-week free rent which she states was previously offered.
The landlord emailed the tenant on 18 June 2024 stating they could try and extend her tenancy to 30 June 2024 and recorded that they had asked her to leave.
The landlord then emailed the tenant on 20 June 2024 stating they did not agree to her terms and that she can remain in her premises.
My view is that the tenant did her best to comply with the notice to terminate on 8 June 2024, despite it not complying with the RTA, and she moved out of the premises on 28 June 2024 and informed the landlord of such. Rent is payable to this date only. The rent arrears to 28 June 2024 are $557.14 and this is ordered. Filing fee
Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Suppression
The landlord sought and is entitled to name suppression as their application has been successful.
The tenant sought name suppression, and, in the circumstances, I consider the tenant should have name suppression and make an order accordingly. See section 95A Residential Tenancies Act

Tenancy Tribunal case 4929700 — Rent arrears at Room 4, Unit/Flat 13, 1 Domain Drive, Parnell, Auckland

At a glance

Tenancy Tribunal case 4929700 — Rent arrears at Room 4, Unit/Flat 13, 1 Domain Drive, Parnell, Auckland

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