What was Tenancy Tribunal case 4980189 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 4980189?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,152.00 awarded to landlord

What type of tenancy dispute was case 4980189?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4980189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11268292-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4980189 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 4980189?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,152.00 awarded to landlord

What type of tenancy dispute was case 4980189?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4980189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11268292-Tribunal_Order_Redacted.pdf.

41 Farrand Road, Kumeu, RD 1, Kumeu 0891 Tenancy Tribunal Case 4980189 — Rent arrears

Claims and awards in Tenancy Tribunal application 4980189 — net $4,504.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
2 Rent arrears	$6,152.00	24. I consider that it is fair and reasonable to split the bond money paid by [Tenant 2] between the two tenants.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,504.00
Total payable by Tenant to Landlord	$4,504.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of [Tenant 2]’s name and identifying details only.
Amy Smith must pay Susan Margaret Vause and John Maria Brokx $4,504.00 immediately, being rent arrears to 4 July 2024.
The bond of $2600.00 held at the bond centre is to be refunded as set out below: -[Tenant 2] is to be refunded $925.00. -Susan Margaret Vause and John Brokx are to be refunded $1675.00 being the remainder of the bond held at the bond centre.
The tenancy of [Tenant 2] terminated on 30 December 2022. Amy Smith continued with the fixed term tenancy as the sole tenant after 30 December 2022 until the end of the tenancy on 4 July 2024.

Reasons

The landlords and [Tenant 2] attended the hearing. Amy Smith did not attend the hearing. I rang her on her mobile number, but it went to answerphone. At the previous hearing of this matter Ms Smith is not attend either.
This is a landlord application where they seek rent arrears and reimbursement of the filing fee. They seek to claim the bond to offset the debt owed by the tenants.
The background to this application is that the tenants [Tenant 2] and Ms Smith were in a relationship and signed up for a two year fixed term tenancy with the landlords for the address at Farrand Road, Kumeu.
The tenancy commenced on 6 May 2022. [Tenant 2] 2 weeks in advance and the bond of $2600.00 to the landlords on 8 April 2022. The bond was lodged with the bond centre. [Tenant 2] paid the bond in full on behalf of himself and Ms Smith.
In late October 2022, the relationship between the two tenants ended and [Tenant 2] left the property. [Tenant 2] continued to pay the rent until the end of December 2022. As at the time that [Tenant 2] left the property there had not been any rent arrears. By the end of December 2022 there were rent arrears of $650.00 owing.
Ms Smith stayed on in the property until 4 July 2024, which was the end of the fixed term tenancy. At the end of the tenancy the rent arrears were $6152.00. Landlord application:
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
The landlords have provided a detailed rent schedule which proves that as at the end of the tenancy on 4 July 2024 the rent arrears were $6152.00.
I am satisfied that the landlord has proven their claim for rent arrears. Issues regarding the fixed term tenancy, liability of [Tenant 2] for the rent arrears and refund of the bond paid solely by [Tenant 2]
There is no dispute that there was a two year fixed term contract between the landlords and both tenants. A fixed term means a tenancy for a fixed term that cannot generally be terminated by notice.
The tenancy did not terminate when [Tenant 2] left the property but continued with Ms Smith. Therefore, I do not consider that the fixed term tenancy was breached by either party.
[Tenant 2] did not have his name removed from the tenancy agreement when he left the property. [Tenant 2] said that Ms Smith had advised him that she would stay on and continue with the fixed term tenancy.
The landlords were aware at the end of 2022 that [Tenant 2] had left the property as Ms Smith had advised them and [Tenant 2] had been in communication with the landlords about the refund of his bond back to him.
Ms Smith and the landlords worked together to vary the rental to a lower amount to enable her to stay in the property. There were discussions between the landlords and Ms Smith about new tenants moving in, selling property to the landlord to offset the rent arrears and payments through Ms Smith’s trust fund. All discussions, renegotiations, and variations of the tenancy agreement regarding weekly rental costs and repayment of rent arrears were without any consultation or knowledge with [Tenant 2].
Under s 13 B of the Residential tenancies Act 1986 (“RTA”), all variations and renewals of tenancy agreements must be in writing and signed by all landlords and tenants, and the tenants must be provided with a copy of the variation or renewal.
[Tenant 2] was not sign nor was he provided with any written variation of the tenancy agreement.
I consider that the landlords and Ms Smith accepted that [Tenant 2] was no longer a tenant at the end of December 2022 despite there was no new tenancy agreement removing [Tenant 2] from the agreement.
The landlords advised at the hearing that they did not pursue the removal of [Tenant 2] from the tenancy agreement as they had considered selling the property and thought it was best to leave the tenancy as it was with Ms Smith as tenant, while they considered their next step.
The landlords had an obligation to take all reasonable steps to limit the damage or loss arising from the breach of the tenancy agreement. The landlords consider the debt for the rent arrears should lie solely with Ms Smith and not [Tenant 2].
While [Tenant 2] had not been removed from the tenancy agreement, it is clear that the other parties did not consider him a tenant after December 2022.
I consider that [Tenant 2] was no longer a tenant after 30 December 2022 and therefore his liability for rent arrears terminates as of that date.
As of 29 December 2022, there was $650.00 owing in rent arrears. [Tenant 2] and Ms Smith must equally be responsible for the rent arrears to that date.
[Tenant 2] paid the full bond of $2600.00. He sought to get his bond returned at the end of his tenancy. The landlords confirmed that [Tenant 2] sent 3-4 emails about the refund of his bond after the end of his tenancy. The landlords did not refund his bond despite Ms Smith claiming that she was paying the bond to the landlords directly. The landlord confirmed that Ms Smith put money into their account and claimed it was for the “bond.” It is unclear how much was paid by Ms Smith as “bond.” Regardless this money was used by the landlords to cover rent arrears owed by Ms Smith. Bond
I consider that it is fair and reasonable to split the bond money paid by [Tenant 2] between the two tenants. Therefore, [Tenant 2] should receive $1300.00 back in bond, minus half the rent arrears owing at the end of December 2022 which was $325.00. [Tenant 2] is to be refunded $925.00 in bond from the Bond Centre. The remaining bond of $1675.00 is to be refunded immediately to the landlords to offset the debt owed by Ms Smith in rent arrears.
The Bond centre is to refund $925.00 to [Tenant 2] and $1675.00 to Susan Margaret Vause and John Brokx immediately. Filing fee
Because Susan Margaret Vause, John Maria Brokx has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The landlords did not seek suppression of their details. I am ordering suppression for [Tenant 2] as he has not breached the Tenancy Agreement in any way and should have his name and details protected.
For completeness Amy Smith does not have suppression of her name and details.

Claims and awards in Tenancy Tribunal application 4980189 — net $4,504.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
2 Rent arrears	$6,152.00	24. I consider that it is fair and reasonable to split the bond money paid by [Tenant 2] between the two tenants.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,504.00
Total payable by Tenant to Landlord	$4,504.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of [Tenant 2]’s name and identifying details only.
Amy Smith must pay Susan Margaret Vause and John Maria Brokx $4,504.00 immediately, being rent arrears to 4 July 2024.
The bond of $2600.00 held at the bond centre is to be refunded as set out below: -[Tenant 2] is to be refunded $925.00. -Susan Margaret Vause and John Brokx are to be refunded $1675.00 being the remainder of the bond held at the bond centre.
The tenancy of [Tenant 2] terminated on 30 December 2022. Amy Smith continued with the fixed term tenancy as the sole tenant after 30 December 2022 until the end of the tenancy on 4 July 2024.

Reasons

The landlords and [Tenant 2] attended the hearing. Amy Smith did not attend the hearing. I rang her on her mobile number, but it went to answerphone. At the previous hearing of this matter Ms Smith is not attend either.
This is a landlord application where they seek rent arrears and reimbursement of the filing fee. They seek to claim the bond to offset the debt owed by the tenants.
The background to this application is that the tenants [Tenant 2] and Ms Smith were in a relationship and signed up for a two year fixed term tenancy with the landlords for the address at Farrand Road, Kumeu.
The tenancy commenced on 6 May 2022. [Tenant 2] 2 weeks in advance and the bond of $2600.00 to the landlords on 8 April 2022. The bond was lodged with the bond centre. [Tenant 2] paid the bond in full on behalf of himself and Ms Smith.
In late October 2022, the relationship between the two tenants ended and [Tenant 2] left the property. [Tenant 2] continued to pay the rent until the end of December 2022. As at the time that [Tenant 2] left the property there had not been any rent arrears. By the end of December 2022 there were rent arrears of $650.00 owing.
Ms Smith stayed on in the property until 4 July 2024, which was the end of the fixed term tenancy. At the end of the tenancy the rent arrears were $6152.00. Landlord application:
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
The landlords have provided a detailed rent schedule which proves that as at the end of the tenancy on 4 July 2024 the rent arrears were $6152.00.
I am satisfied that the landlord has proven their claim for rent arrears. Issues regarding the fixed term tenancy, liability of [Tenant 2] for the rent arrears and refund of the bond paid solely by [Tenant 2]
There is no dispute that there was a two year fixed term contract between the landlords and both tenants. A fixed term means a tenancy for a fixed term that cannot generally be terminated by notice.
The tenancy did not terminate when [Tenant 2] left the property but continued with Ms Smith. Therefore, I do not consider that the fixed term tenancy was breached by either party.
[Tenant 2] did not have his name removed from the tenancy agreement when he left the property. [Tenant 2] said that Ms Smith had advised him that she would stay on and continue with the fixed term tenancy.
The landlords were aware at the end of 2022 that [Tenant 2] had left the property as Ms Smith had advised them and [Tenant 2] had been in communication with the landlords about the refund of his bond back to him.
Ms Smith and the landlords worked together to vary the rental to a lower amount to enable her to stay in the property. There were discussions between the landlords and Ms Smith about new tenants moving in, selling property to the landlord to offset the rent arrears and payments through Ms Smith’s trust fund. All discussions, renegotiations, and variations of the tenancy agreement regarding weekly rental costs and repayment of rent arrears were without any consultation or knowledge with [Tenant 2].
Under s 13 B of the Residential tenancies Act 1986 (“RTA”), all variations and renewals of tenancy agreements must be in writing and signed by all landlords and tenants, and the tenants must be provided with a copy of the variation or renewal.
[Tenant 2] was not sign nor was he provided with any written variation of the tenancy agreement.
I consider that the landlords and Ms Smith accepted that [Tenant 2] was no longer a tenant at the end of December 2022 despite there was no new tenancy agreement removing [Tenant 2] from the agreement.
The landlords advised at the hearing that they did not pursue the removal of [Tenant 2] from the tenancy agreement as they had considered selling the property and thought it was best to leave the tenancy as it was with Ms Smith as tenant, while they considered their next step.
The landlords had an obligation to take all reasonable steps to limit the damage or loss arising from the breach of the tenancy agreement. The landlords consider the debt for the rent arrears should lie solely with Ms Smith and not [Tenant 2].
While [Tenant 2] had not been removed from the tenancy agreement, it is clear that the other parties did not consider him a tenant after December 2022.
I consider that [Tenant 2] was no longer a tenant after 30 December 2022 and therefore his liability for rent arrears terminates as of that date.
As of 29 December 2022, there was $650.00 owing in rent arrears. [Tenant 2] and Ms Smith must equally be responsible for the rent arrears to that date.
[Tenant 2] paid the full bond of $2600.00. He sought to get his bond returned at the end of his tenancy. The landlords confirmed that [Tenant 2] sent 3-4 emails about the refund of his bond after the end of his tenancy. The landlords did not refund his bond despite Ms Smith claiming that she was paying the bond to the landlords directly. The landlord confirmed that Ms Smith put money into their account and claimed it was for the “bond.” It is unclear how much was paid by Ms Smith as “bond.” Regardless this money was used by the landlords to cover rent arrears owed by Ms Smith. Bond
I consider that it is fair and reasonable to split the bond money paid by [Tenant 2] between the two tenants. Therefore, [Tenant 2] should receive $1300.00 back in bond, minus half the rent arrears owing at the end of December 2022 which was $325.00. [Tenant 2] is to be refunded $925.00 in bond from the Bond Centre. The remaining bond of $1675.00 is to be refunded immediately to the landlords to offset the debt owed by Ms Smith in rent arrears.
The Bond centre is to refund $925.00 to [Tenant 2] and $1675.00 to Susan Margaret Vause and John Brokx immediately. Filing fee
Because Susan Margaret Vause, John Maria Brokx has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The landlords did not seek suppression of their details. I am ordering suppression for [Tenant 2] as he has not breached the Tenancy Agreement in any way and should have his name and details protected.
For completeness Amy Smith does not have suppression of her name and details.

Tenancy Tribunal case 4980189 — Rent arrears at 41 Farrand Road, Kumeu, RD 1, Kumeu 0891

At a glance

Tenancy Tribunal case 4980189 — Rent arrears at 41 Farrand Road, Kumeu, RD 1, Kumeu 0891

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