What was Tenancy Tribunal case 4986330 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 4986330?

Cleaning: $345.00 awarded to landlord; Property Damage: $174.80 awarded to landlord; Rent Arrears: $4,503.57 awarded to landlord

What type of tenancy dispute was case 4986330?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4986330?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11090363-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4986330 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 4986330?

Cleaning: $345.00 awarded to landlord; Property Damage: $174.80 awarded to landlord; Rent Arrears: $4,503.57 awarded to landlord

What type of tenancy dispute was case 4986330?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4986330?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11090363-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4986330 — Rent arrears

Claims and awards in Tenancy Tribunal application 4986330 — net $3,330.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 September 2024	$4,503.57	Rent arrears to 23 September 2024
Carpet Cleaning	$345.00	Carpet Cleaning
Lock/key replacement	$174.80	Lock/key replacement
Net award	$3,330.27
Total payable by Tenant to Landlord	$3,330.27

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord and Tenant’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $3,330.27 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,693.10 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord’s claims for compensation are as follows: a. Carpet cleaning: $345.00 b. Lock/key replacement: $174.80
The tenant agreed to pay the landlord $345.00 for carpet cleaning. The tenant accepted that they kept a dog at the property in breach of the tenancy agreement.

How much is owed for rent?

The tenancy ended on 23 September 2024. The landlord provided rent records, which record rent arrears as $4,503.57 up to this date. [The tenant/s] submits that he should not have to pay the full amount of rent arrears.
The original tenancy agreement was signed by two tenants, [the tenant/s] and his ex-partner.
[The tenant/s] and his ex-partner previously lived at a tenancy address in Hamilton. There was a family violence incident at this address and [the tenant/s] was the alleged aggressor. [The tenant/s] and his ex-partner subsequently relocated to Auckland. Here they entered into a new tenancy for [the tenancy address].
[The tenant/s] gave evidence that he and his ex-partner shared the rent equally. He states that they separated around August 2024. When this happened, [the tenant/s] ex-partner gave the landlord notice to withdraw from the tenancy under section 56B Residential Tenancies Act 1986 (RTA). This section states: 56BWithdrawal from tenancy following family violence (1) A tenant under a fixed-term or periodic tenancy may withdraw from the tenancy by giving at least 2 days’ notice to the landlord if – (a) The notice is accompanied by qualifying evidence that the tenant has been a victim of family violence while a tenant of the premises; and (b) The notice is in the approved form and includes the prescribed information. [emphasis added]
[The tenant/s] ex-partner withdrew from the tenancy within 2 days of giving her notice to the landlord. [The tenant/s] states that he was left to cover the entire rental payment at very short notice, which he could not do, hence the reason rent arrears began to accrue.
[The tenant/s] submits that his ex-partner was not entitled to give notice to withdraw from the tenancy under section 56B RTA. This is because the qualifying evidence given by her related to the family violence incident that occurred at the Hamilton address, not the Auckland address.
The notice to withdraw given by [The tenant/s] ex-partner was not provided at the hearing however, the landlord accepted that the qualifying evidence given related to the family violence incident that occurred at the Hamilton address.
[The tenant/s] submits that section 56B(1)(a) requires the notice to be accompanied by qualifying evidence that the tenant has been a victim of family violence while a tenant of the premises. He says that this means that the qualifying evidence must relate to a family violence incident that has occurred at the current tenancy address, not a previous one.
There are two problems with [the tenant/s] submission. First, [the tenant/s] is asking the Tribunal to find that the notice given by his ex-partner was invalid. To do this, the Tribunal must make a finding about whether [the tenant/s] ex- partner was a victim of family violence while a tenant of the premises. The Tribunal does not have jurisdiction to do this. Section 77(7B) RTA states: The Tribunal does not have jurisdiction to determine a dispute so far as it raises a question as to whether a tenant of premises who gave notice accompanied by qualifying evidence under section 56B was in fact a victim of family violence while a tenant of the premises.
Secondly, [the tenant/s] dispute more properly lies with his ex-partner, rather than the landlord. The Tribunal does not have jurisdiction to determine disputes between tenants. If [the tenant/s] believes that his ex-partner should be responsible for paying some of the rent arrears because the notice she gave to withdraw from the tenancy was invalid, he might consider filing a claim against his ex-partner in a different forum.

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

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord submits and the tenant agrees that he did not return the keys at the end of the tenancy. The landlord provided an invoice for key and lock replacement for $174.80. Their claim for compensation for this amount is granted in full. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
This case relates to and discusses withdrawal of the tenant’s ex-partner from the tenancy under section 56B RTA. Therefore, I have suppressed the name and identifying particulars of the parties. See section 95A(1A) RTA.

Claims and awards in Tenancy Tribunal application 4986330 — net $3,330.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 September 2024	$4,503.57	Rent arrears to 23 September 2024
Carpet Cleaning	$345.00	Carpet Cleaning
Lock/key replacement	$174.80	Lock/key replacement
Net award	$3,330.27
Total payable by Tenant to Landlord	$3,330.27

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord and Tenant’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $3,330.27 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,693.10 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord’s claims for compensation are as follows: a. Carpet cleaning: $345.00 b. Lock/key replacement: $174.80
The tenant agreed to pay the landlord $345.00 for carpet cleaning. The tenant accepted that they kept a dog at the property in breach of the tenancy agreement.

How much is owed for rent?

The tenancy ended on 23 September 2024. The landlord provided rent records, which record rent arrears as $4,503.57 up to this date. [The tenant/s] submits that he should not have to pay the full amount of rent arrears.
The original tenancy agreement was signed by two tenants, [the tenant/s] and his ex-partner.
[The tenant/s] and his ex-partner previously lived at a tenancy address in Hamilton. There was a family violence incident at this address and [the tenant/s] was the alleged aggressor. [The tenant/s] and his ex-partner subsequently relocated to Auckland. Here they entered into a new tenancy for [the tenancy address].
[The tenant/s] gave evidence that he and his ex-partner shared the rent equally. He states that they separated around August 2024. When this happened, [the tenant/s] ex-partner gave the landlord notice to withdraw from the tenancy under section 56B Residential Tenancies Act 1986 (RTA). This section states: 56BWithdrawal from tenancy following family violence (1) A tenant under a fixed-term or periodic tenancy may withdraw from the tenancy by giving at least 2 days’ notice to the landlord if – (a) The notice is accompanied by qualifying evidence that the tenant has been a victim of family violence while a tenant of the premises; and (b) The notice is in the approved form and includes the prescribed information. [emphasis added]
[The tenant/s] ex-partner withdrew from the tenancy within 2 days of giving her notice to the landlord. [The tenant/s] states that he was left to cover the entire rental payment at very short notice, which he could not do, hence the reason rent arrears began to accrue.
[The tenant/s] submits that his ex-partner was not entitled to give notice to withdraw from the tenancy under section 56B RTA. This is because the qualifying evidence given by her related to the family violence incident that occurred at the Hamilton address, not the Auckland address.
The notice to withdraw given by [The tenant/s] ex-partner was not provided at the hearing however, the landlord accepted that the qualifying evidence given related to the family violence incident that occurred at the Hamilton address.
[The tenant/s] submits that section 56B(1)(a) requires the notice to be accompanied by qualifying evidence that the tenant has been a victim of family violence while a tenant of the premises. He says that this means that the qualifying evidence must relate to a family violence incident that has occurred at the current tenancy address, not a previous one.
There are two problems with [the tenant/s] submission. First, [the tenant/s] is asking the Tribunal to find that the notice given by his ex-partner was invalid. To do this, the Tribunal must make a finding about whether [the tenant/s] ex- partner was a victim of family violence while a tenant of the premises. The Tribunal does not have jurisdiction to do this. Section 77(7B) RTA states: The Tribunal does not have jurisdiction to determine a dispute so far as it raises a question as to whether a tenant of premises who gave notice accompanied by qualifying evidence under section 56B was in fact a victim of family violence while a tenant of the premises.
Secondly, [the tenant/s] dispute more properly lies with his ex-partner, rather than the landlord. The Tribunal does not have jurisdiction to determine disputes between tenants. If [the tenant/s] believes that his ex-partner should be responsible for paying some of the rent arrears because the notice she gave to withdraw from the tenancy was invalid, he might consider filing a claim against his ex-partner in a different forum.

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

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord submits and the tenant agrees that he did not return the keys at the end of the tenancy. The landlord provided an invoice for key and lock replacement for $174.80. Their claim for compensation for this amount is granted in full. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
This case relates to and discusses withdrawal of the tenant’s ex-partner from the tenancy under section 56B RTA. Therefore, I have suppressed the name and identifying particulars of the parties. See section 95A(1A) RTA.

Tenancy Tribunal case 4986330 — Rent arrears

At a glance

Tenancy Tribunal case 4986330 — Rent arrears

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

Residential Tenancies Act sections

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

Residential Tenancies Act sections

Key findings

Frequently asked questions