What was Tenancy Tribunal case 4967233 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4967233?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $550.00 awarded to landlord; Rent Arrears: $16,354.29 awarded to landlord

What type of tenancy dispute was case 4967233?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4967233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11170543-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4967233 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4967233?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $550.00 awarded to landlord; Rent Arrears: $16,354.29 awarded to landlord

What type of tenancy dispute was case 4967233?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4967233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11170543-Tribunal_Order_Redacted.pdf.

3 Oruamo Place, Beach Haven, Auckland 0626 Tenancy Tribunal Case 4967233 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4967233 — net $13,811.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$16,354.29	Rent arrears
Lawns and Garden work	$550.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$13,811.29
Total payable by Tenant to Landlord	$13,811.29

The landlord attended the hearing. The tenants did not attend.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The landlord has already received the bond.

How much is owed for rent?

The parties entered into a fixed term tenancy for a term from 17 August 2023 to 14 August 2024 at a weekly rental of $780.00.

On 19 June 2024 the parties entered to an extension of the term from 15 August 2025 to 13 August 2025 at a weekly rental of $800.00.

In late July 2024 the tenants requested an early end to the fixed term tenancy. The landlord provided information about the process and costs associated with breaking a fixed term tenancy.

The landlord then took steps to find replacement tenants. The tenants paid the rent to 17 July 2024 then abandoned the premises in mid August.

The landlord says that in a more challenging rental market, it was difficult to find new tenants and ultimately the rent had to be reduced to attract new tenants. A new tenancy began on 15 November 2024 at a weekly rent of $730.00.

The loss suffered by the landlord as a result of the tenants’ breach is: a. rent @ $780 per week from 18 July 2024 to the end of the first fixed term on 14 August 2024; b. rent @ $800.00 per week from 15 August 2024 to the day before the new tenancy started on 15 November 2024; c. the difference between the rent the tenants had agreed to pay and the rent received by the landlord under the new tenancy @ $70.00 per week from 15 November 2024 to the end of the second fixed term on 13 August 2025.

The landlord provided rent records and the agreements, which prove the amount owing.

Did the tenant comply with their obligations at the end of the tenancy?

Photographs provided by the landlord show that because the tenants had abandoned the premises, significant gardening work was required to bring the premises to a reasonably clean and tidy condition for the start of the new tenancy. That cost represents a loss caused to the landlord by the tenant’s breach, for which the landlord is entitled to compensation. The sum is proved by the invoice provided.

Under s. 44A RTA, a landlord who consents to early termination of a tenancy, is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the termination. An itemised account of those expenses must be provided (s.44A(2).

At the end of the hearing the landlord was given an opportunity to provide proof of the claimed expenses. The landlord has provided a copy of an invoice to the tenant for $800.00 for “Lease Break Fee” but no proof of expenses incurred has been provided and that claim is declined.

Because [The applicant/s] has largely succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4967233 — net $13,811.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$16,354.29	Rent arrears
Lawns and Garden work	$550.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$13,811.29
Total payable by Tenant to Landlord	$13,811.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Trang Tran and Thiet Phan must pay [The landlord/s] $13,811.29 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenants did not attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The landlord has already received the bond.

How much is owed for rent?

The parties entered into a fixed term tenancy for a term from 17 August 2023 to 14 August 2024 at a weekly rental of $780.00.
On 19 June 2024 the parties entered to an extension of the term from 15 August 2025 to 13 August 2025 at a weekly rental of $800.00.
In late July 2024 the tenants requested an early end to the fixed term tenancy. The landlord provided information about the process and costs associated with breaking a fixed term tenancy.
The landlord then took steps to find replacement tenants. The tenants paid the rent to 17 July 2024 then abandoned the premises in mid August.
The landlord says that in a more challenging rental market, it was difficult to find new tenants and ultimately the rent had to be reduced to attract new tenants. A new tenancy began on 15 November 2024 at a weekly rent of $730.00.
The loss suffered by the landlord as a result of the tenants’ breach is: a. rent @ $780 per week from 18 July 2024 to the end of the first fixed term on 14 August 2024; b. rent @ $800.00 per week from 15 August 2024 to the day before the new tenancy started on 15 November 2024; c. the difference between the rent the tenants had agreed to pay and the rent received by the landlord under the new tenancy @ $70.00 per week from 15 November 2024 to the end of the second fixed term on 13 August 2025.
The landlord provided rent records and the agreements, which prove the amount owing.

Did the tenant comply with their obligations at the end of the tenancy?

Photographs provided by the landlord show that because the tenants had abandoned the premises, significant gardening work was required to bring the premises to a reasonably clean and tidy condition for the start of the new tenancy. That cost represents a loss caused to the landlord by the tenant’s breach, for which the landlord is entitled to compensation. The sum is proved by the invoice provided.
Under s. 44A RTA, a landlord who consents to early termination of a tenancy, is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the termination. An itemised account of those expenses must be provided (s.44A(2).
At the end of the hearing the landlord was given an opportunity to provide proof of the claimed expenses. The landlord has provided a copy of an invoice to the tenant for $800.00 for “Lease Break Fee” but no proof of expenses incurred has been provided and that claim is declined.
Because [The applicant/s] has largely succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4967233 — Rent arrears at 3 Oruamo Place, Beach Haven, Auckland 0626

At a glance

Tenancy Tribunal case 4967233 — Rent arrears at 3 Oruamo Place, Beach Haven, Auckland 0626

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Key findings

Frequently asked questions