What was Tenancy Tribunal case 4955120 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $6,244.29 immediately, calculated as

How much money was awarded in case 4955120?

Cleaning: $500.00 awarded to landlord; Property Damage: $200.00 awarded to tenant; Rent Arrears: $8,864.29 awarded to landlord

What type of tenancy dispute was case 4955120?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4955120?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11001726-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4955120 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $6,244.29 immediately, calculated as

How much money was awarded in case 4955120?

Cleaning: $500.00 awarded to landlord; Property Damage: $200.00 awarded to tenant; Rent Arrears: $8,864.29 awarded to landlord

What type of tenancy dispute was case 4955120?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4955120?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11001726-Tribunal_Order_Redacted.pdf.

Unit/Flat 3, 23 Parson Lane, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4955120 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 4955120 — net $6,244.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$8,864.29		Rent arrears
Cleaning and damage	$500.00		Cleaning and damage
Exemplary damages: Bond not lodged		$200.00	Bond not lodged
Total award	$9,364.29	$200.00
Net award	$6,244.29
Total payable by Tenant to Landlord	$6,244.29

Both parties attended the hearing. The tenant attended by telephone. The landlord attended in person and was assisted by a mandarin interpreter.

The tenancy began on 5 June 2024. It was for a fixed term due to end on 4 June 2025.

The landlord applied for rent arrears and for compensation due to damage and cleaning.

The tenant applied for refund of the bond and exemplary damages due to the landlord not lodging the bond with the Bond Centre. Landlord application Rent arrears

The tenant did not sign the tenancy agreement before moving into the premises. She considers that this means that the agreement was not in force. She did not sign the agreement because there was a term which the tenant wanted changed in the agreement. That term related to the number of people who could reside in the premises. The agreement recorded the number as 4 but the tenant wanted it changed to five.

There was no dispute between the parties in relation to the tenancy being for a fixed term. The fact that the tenant did not sign the agreement does not mean that she is not bound by the terms of the agreement. I have reached the view that the tenant remains subject to the fixed term tenancy.

On 11 June 2024 the tenant gave the landlord 28 days’ notice to vacate the premises. Section 2 Residential Tenancies Act 1986 defines a fixed-term tenancy as not including a tenancy that is terminable by notice. This means that the tenant cannot give notice to end a fixed-term tenancy.

The tenant moved out of the premises on 8 July 2024. According to the rent summary produced by the landlord, the last rent payment made by the tenant was on 2 July 2024.

While the landlord did not agree for the tenancy to terminate the landlord advertised for new tenants. According to the evidence the landlord first advertised for new tenants on 14 June 2024. At the hearing the landlord advised that no new tenancy had commenced, and the premises remain vacant.

I note however that the premises are currently advertised for sale. The advertisement for sale of the premises was first listed on 3 October 2024.

While the property manager was aware that the landlord wanted to sell the premises, she said in the hearing that she was not aware that it was being advertised for sale. I find this hard to believe given that the real estate firm acting for the sale is holding open homes on at least a weekly basis.

I have reached the view that once the premises were listed for sale the tenant’s liability for rent arrears ceased. Therefore, I award rent arrears to the landlord up to 2 October 2024. The rent paid by the tenant up until 2 July 2024 has been deducted from the amount owed. Compensation

The landlord seeks compensation for damage and cleaning.

At the hearing the landlord agreed to pay the compensation sought and therefore there is an award of $500.00 in favour of the landlord for cleaning and damage. Tenant application Bond not lodged

[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.

A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.

The landlord failed to lodge the bond within 23 working days after payment. I find they have committed an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

The tenant paid the bond to the landlord on 14 May 2024. The landlord had until 14 June 2024 to lodge the bond with the Bond Centre.

I am told that the landlord had provided the tenant with a bond refund form instead of a bond lodgement form at the beginning of the tenancy. Regardless of what form the landlord provided the tenant it is the landlord responsibility to lodge the bond.

The landlord also claimed that the bond could not be lodged without the tenant’s signature and that this was the advice that she received from Tenancy Services. I do not accept that this is a valid reason not to lodge the bond as the landlord was able to lodge the bond at a later date without the tenant’s signature.

Taking account of the landlord’s intention, the effect on the tenant and the public interest I consider that an award of $200.00 is reasonable in the circumstances. Bond refund

The tenant claimed refund of the bond. I have released the bond to reduce the award against the tenant as set out above. Filing fee and suppression

As both parties have had some success with their applications I make no award for reimbursement of the filing fee. For the same reason I suppress the names of both the landlord and tenant.

Reasons

Claims and awards in Tenancy Tribunal application 4955120 — net $6,244.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$8,864.29		Rent arrears
Cleaning and damage	$500.00		Cleaning and damage
Exemplary damages: Bond not lodged		$200.00	Bond not lodged
Total award	$9,364.29	$200.00
Net award	$6,244.29
Total payable by Tenant to Landlord	$6,244.29