What was Tenancy Tribunal case 4962953 about?

The tribunal order states: Rolene Combrinck and Hendrik Dawid Combrinck must pay [The landlord/s]

How much money was awarded in case 4962953?

Costs Associated With Finding New Te…: $725.65 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,320.00 awarded to landlord

What type of tenancy dispute was case 4962953?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4962953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11009278-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4962953 about?

The tribunal order states: Rolene Combrinck and Hendrik Dawid Combrinck must pay [The landlord/s]

How much money was awarded in case 4962953?

Costs Associated With Finding New Te…: $725.65 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,320.00 awarded to landlord

What type of tenancy dispute was case 4962953?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4962953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11009278-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4962953 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4962953 — net $2,192.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 August 2024	$4,320.00	Rent arrears to 22 August 2024
Costs associated with finding new tenant(s	$725.65	Costs associated with finding new tenant(s
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,192.65
Total payable by Tenant to Landlord	$2,192.65

Both parties attended the video hearing.

Following the tenants exiting the premises before the end of the fixed-term tenancy, the landlord has applied for rent arrears, compensation for the costs related to finding new tenants, refund of the bond, and reimbursement of the filing fee. Background

The fixed-term tenancy commenced 29 September 2023. The 12-month fixed- term was due to end on 26 September 2024.

In early June 2024, Mr Combrinck received a job offer in Australia and the tenants contacted the property manager advising they would be moving. The new job was to commence on 15 July 2024 and the tenants moved to Australia on or shortly after 5 July 2024.

On 8 July 2024, the tenants signed an “Application for early release on [sic] fixed term tenancy”. That document, and clause 17 of the tenancy agreement, recorded the landlord’s and tenant’s rights and obligations when applying to end the fixed-term tenancy early.

In mid-to-late June, Mrs Combrinck put forward the name and contact details of someone she knew who was interested in taking on the lease. However, the landlord did not consider that person a suitable tenant.

A new tenant, sourced by the property manager, commenced a new tenancy on 23 August 2024. Agreed charges relating to sourcing of new tenant

At the hearing, Mrs Combrinck indicated she did not dispute the charges relating to finding the new tenant(s), being $725.65. Those costs included advertising the property, holding viewings, conducting credit checks and other administration.

Given that claim is not in dispute, I make an order accordingly.

Mrs Combrinck submitted the issue was whether the tenants are liable for rent after 5 July 2024. When did the tenants’ obligation to pay rent end?

Mrs Combrinck gave evidence that, in early June, she gave the property manager “four weeks’ notice” that the tenants would be moving to Australia. In the days or weeks following, she also says she found a suitable tenant to move into the property. Mrs Combrinck submitted the landlord was unreasonable in rejecting the new tenant she had put forward. Mrs Combrinck submitted that given the tenants had given sufficient notice, and sourced a suitable new tenant, Mr and Mrs Combrinck were only liable to pay rent up until the day they left the property, being 5 July 2024.

The property manager said Mrs Combrinck called him on 12 June 2024 to advise him that the tenants were moving to Australia. They discussed the possibility of ending the fixed-term tenancy early and he says he immediately sent her the form setting out the conditions for breaking the fixed-term early.

The property manager says the proposed new tenant put forward by Mrs Combrinck was considered but deemed not suitable by the landlord. The property manager says he took prompt action (by advertising and holding viewings) to source new tenants. The property manager stated the landlord agreed to reduce the rent from $720 per week to $690 per week in order to secure the new tenants as soon as possible.

A fixed-term tenancy may be ended early by agreement between the parties, but not by the tenant(s) giving four weeks’ (or any other period) notice. The conditions of ending the fixed-term tenancy were clearly set out in clause 17 of the tenancy agreement and in the application to end the fixed-term tenancy signed by the tenant(s) on 8 July 2024.

When the tenants’ sought to end the fixed-term tenancy early, the landlord was not obligated to accept the new tenant proposed by Mrs Combrinck. I find the property manager acted promptly to secure a new tenant, and by doing so, reduced the period for which Mr and Mrs Combrinck would otherwise have been liable to pay rent (that is, until 26 September 2024). Upon securing new tenants, who took possession of the property on 23 August 2024, Mr and Mrs Combrinck’s fixed-term tenancy ended on 22 August 2024. They are liable to pay rent up until that date.

The landlord provided rent records which prove the amount owing at the end of the tenancy and I make an order accordingly. Reimbursement of the filing fee

Given the landlords have succeeded in their claim the tenants must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4962953 — net $2,192.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 August 2024	$4,320.00	Rent arrears to 22 August 2024
Costs associated with finding new tenant(s	$725.65	Costs associated with finding new tenant(s
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,192.65
Total payable by Tenant to Landlord	$2,192.65

Order

Rolene Combrinck and Hendrik Dawid Combrinck must pay [The landlord/s] $2,192.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,880.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the video hearing.
Following the tenants exiting the premises before the end of the fixed-term tenancy, the landlord has applied for rent arrears, compensation for the costs related to finding new tenants, refund of the bond, and reimbursement of the filing fee. Background
The fixed-term tenancy commenced 29 September 2023. The 12-month fixed- term was due to end on 26 September 2024.
In early June 2024, Mr Combrinck received a job offer in Australia and the tenants contacted the property manager advising they would be moving. The new job was to commence on 15 July 2024 and the tenants moved to Australia on or shortly after 5 July 2024.
On 8 July 2024, the tenants signed an “Application for early release on [sic] fixed term tenancy”. That document, and clause 17 of the tenancy agreement, recorded the landlord’s and tenant’s rights and obligations when applying to end the fixed-term tenancy early.
In mid-to-late June, Mrs Combrinck put forward the name and contact details of someone she knew who was interested in taking on the lease. However, the landlord did not consider that person a suitable tenant.
A new tenant, sourced by the property manager, commenced a new tenancy on 23 August 2024. Agreed charges relating to sourcing of new tenant
At the hearing, Mrs Combrinck indicated she did not dispute the charges relating to finding the new tenant(s), being $725.65. Those costs included advertising the property, holding viewings, conducting credit checks and other administration.
Given that claim is not in dispute, I make an order accordingly.
Mrs Combrinck submitted the issue was whether the tenants are liable for rent after 5 July 2024. When did the tenants’ obligation to pay rent end?
Mrs Combrinck gave evidence that, in early June, she gave the property manager “four weeks’ notice” that the tenants would be moving to Australia. In the days or weeks following, she also says she found a suitable tenant to move into the property. Mrs Combrinck submitted the landlord was unreasonable in rejecting the new tenant she had put forward. Mrs Combrinck submitted that given the tenants had given sufficient notice, and sourced a suitable new tenant, Mr and Mrs Combrinck were only liable to pay rent up until the day they left the property, being 5 July 2024.
The property manager said Mrs Combrinck called him on 12 June 2024 to advise him that the tenants were moving to Australia. They discussed the possibility of ending the fixed-term tenancy early and he says he immediately sent her the form setting out the conditions for breaking the fixed-term early.
The property manager says the proposed new tenant put forward by Mrs Combrinck was considered but deemed not suitable by the landlord. The property manager says he took prompt action (by advertising and holding viewings) to source new tenants. The property manager stated the landlord agreed to reduce the rent from $720 per week to $690 per week in order to secure the new tenants as soon as possible.
A fixed-term tenancy may be ended early by agreement between the parties, but not by the tenant(s) giving four weeks’ (or any other period) notice. The conditions of ending the fixed-term tenancy were clearly set out in clause 17 of the tenancy agreement and in the application to end the fixed-term tenancy signed by the tenant(s) on 8 July 2024.
When the tenants’ sought to end the fixed-term tenancy early, the landlord was not obligated to accept the new tenant proposed by Mrs Combrinck. I find the property manager acted promptly to secure a new tenant, and by doing so, reduced the period for which Mr and Mrs Combrinck would otherwise have been liable to pay rent (that is, until 26 September 2024). Upon securing new tenants, who took possession of the property on 23 August 2024, Mr and Mrs Combrinck’s fixed-term tenancy ended on 22 August 2024. They are liable to pay rent up until that date.
The landlord provided rent records which prove the amount owing at the end of the tenancy and I make an order accordingly. Reimbursement of the filing fee
Given the landlords have succeeded in their claim the tenants must reimburse the filing fee.

Tenancy Tribunal case 4962953 — Rent arrears

At a glance

Tenancy Tribunal case 4962953 — Rent arrears

At a glance

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Claims & awards

Order

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Award balance

Claims & awards

Order

Reasons

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Key findings

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