What was Tenancy Tribunal case 4989512 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,070.00 from the bond, being rent for

How much money was awarded in case 4989512?

The reconciled net award was $1,070.00.

What type of tenancy dispute was case 4989512?

The dispute type was not classified.

Where can I read the official tribunal order for case 4989512?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10958986-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4989512 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,070.00 from the bond, being rent for

How much money was awarded in case 4989512?

The reconciled net award was $1,070.00.

What type of tenancy dispute was case 4989512?

The dispute type was not classified.

Where can I read the official tribunal order for case 4989512?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10958986-Tribunal_Order_Redacted.pdf.

21 Ferguson Avenue, Westshore, Napier 4110 Tenancy Tribunal Case 4989512 — Tenancy dispute

Order

[The tenant/s] must pay [The landlord/s] $1,070.00 from the bond, being rent for the period from 26 August 2024 to 8 September 2024.
The Bond Centre is to pay the bond of $1,070.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The term of the fixed-term tenancy of [The tenant/s] at 21 Ferguson Avenue, Westshore, Napier 4110 is reduced and ends on 8 September 2024.

Reasons

Arrangements were made for the hearing to be held by video conference so the Tennant could attend from overseas.
The landlord attended. After the hearing commenced an e-mail was received from the tenant as follows: “I regret to inform you that I am unable to attend today's video hearing due to being in the hospital. Unfortunately, my aunt’s current medical condition prevents me from participating. Additionally, due to the ongoing uncertainty regarding my aunt’s situation, come up I am not requesting a postponement I would prefer the case to proceed to a conclusion as scheduled.” Background
The parties entered into a tenancy agreement for a fixed term from 30 October 2023 to 30 October 2024.
On 2nd August 2024, the tenant became aware that health issues faced by her family in Germany and Turkey required her to return to assist and support them. She resigned from her job and advised the landlord of her need to vacate the tenancy before the end of the fixed term.
The tenant continued to pay rent through to 26 August 2024 and vacated the premises on 24 August.
The tenant left the premises in good condition and both parties signed the bond refund form providing for the bond to be returned to the tenant. That form was not lodged by the landlord pending confirmation of when a new tenancy would begin.
The landlord’s evidence is that when the tenant informed him of her wish to end the fixed term, he thought there might be potential tenants available through his social network and made enquiries. When that proved not to be the case, a week later the property was listed as available to rent. Viewings were held during the time that the tenant was arranging to move out.
After the tenant vacated, a new tenancy was put in place which commenced on 16 September 2024. Claims
The tenant seeks: a. an order for early termination of the fixed term; b. payment of the bond to her; c. reimbursement of rent she paid from 2 August 2024 to 26 August 2024.
The landlord’s position is that it would be fair for the tenant to pay rent for six weeks from his having been notified that she wished to end the fixed term early and that the bond should be released to him accordingly. Early termination of the tenancy
There is no dispute that the tenant should be entitled to end the fixed term early. The question is who would bear the resulting loss. Refund of rent paid
It would not be reasonable to refund to the tenant rent paid during the period up to 24 August 2024 when she remained in occupation of the premises. Bond
Ordinarily, where an application is made by tenant for repayment of the bond, the Tribunal is required to pay the bond to the tenant in the absence of an application by the landlord setting out the landlord’s claim against the bond (see. s.22B(2)).
However, this is an unusual circumstance in that although such an application has been made by the tenant, she has not appeared today in support of her application. It has been clear to the tenant that the landlord has not agreed to release the bond to her because of the dispute over rent for the period between the date rent was paid to by the tenant and the date a new tenancy began.
Pragmatically, I will proceed today to determine the dispute on the basis of the evidence provided by the tenant, despite her absence and by allowing the landlord to seek payment of the bond to him, as if as such an application had been filed. Compensation
Where a fixed-term tenancy is ended early, the Tribunal may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.
Having been advised by the tenant of circumstances that justified an early end to the fixed term tenancy, there was an obligation on the landlord to take reasonable steps to mitigate the loss arising from breach of the tenants obligation to pay rent through to the end of the fixed term (see s. 49 RTA).
The evidence satisfies me that the landlord took reasonable steps to mitigate that loss by immediately seeking out new tenants from amongst his social network, advertising the property as available for rent and putting in place a new tenancy as soon as possible.
In those circumstances, the loss faced by the landlord is for rent between 26 August 2024 and 16 September 2024. Two weeks’ rent by way of the bond is claimed.
The loss faced by the tenant is of that same two weeks rent, held as bond.
There is no evidence on which I could find that the hardship caused to the tenant by requiring her to pay the bond to the landlord to cover the loss of rent, would be greater than the hardship caused to the landlord by requiring him to forgo that rent, bearing in mind that the loss results from the tenant having breached her contractual obligation to pay rent through to the end of the fixed term, albeit for good and unforeseeable reasons.
In those circumstances I find that it would be just to require that the tenant pay to the landlord a further 2 weeks’ rent from the bond.

Order

[The tenant/s] must pay [The landlord/s] $1,070.00 from the bond, being rent for the period from 26 August 2024 to 8 September 2024.
The Bond Centre is to pay the bond of $1,070.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The term of the fixed-term tenancy of [The tenant/s] at 21 Ferguson Avenue, Westshore, Napier 4110 is reduced and ends on 8 September 2024.

Reasons

Arrangements were made for the hearing to be held by video conference so the Tennant could attend from overseas.
The landlord attended. After the hearing commenced an e-mail was received from the tenant as follows: “I regret to inform you that I am unable to attend today's video hearing due to being in the hospital. Unfortunately, my aunt’s current medical condition prevents me from participating. Additionally, due to the ongoing uncertainty regarding my aunt’s situation, come up I am not requesting a postponement I would prefer the case to proceed to a conclusion as scheduled.” Background
The parties entered into a tenancy agreement for a fixed term from 30 October 2023 to 30 October 2024.
On 2nd August 2024, the tenant became aware that health issues faced by her family in Germany and Turkey required her to return to assist and support them. She resigned from her job and advised the landlord of her need to vacate the tenancy before the end of the fixed term.
The tenant continued to pay rent through to 26 August 2024 and vacated the premises on 24 August.
The tenant left the premises in good condition and both parties signed the bond refund form providing for the bond to be returned to the tenant. That form was not lodged by the landlord pending confirmation of when a new tenancy would begin.
The landlord’s evidence is that when the tenant informed him of her wish to end the fixed term, he thought there might be potential tenants available through his social network and made enquiries. When that proved not to be the case, a week later the property was listed as available to rent. Viewings were held during the time that the tenant was arranging to move out.
After the tenant vacated, a new tenancy was put in place which commenced on 16 September 2024. Claims
The tenant seeks: a. an order for early termination of the fixed term; b. payment of the bond to her; c. reimbursement of rent she paid from 2 August 2024 to 26 August 2024.
The landlord’s position is that it would be fair for the tenant to pay rent for six weeks from his having been notified that she wished to end the fixed term early and that the bond should be released to him accordingly. Early termination of the tenancy
There is no dispute that the tenant should be entitled to end the fixed term early. The question is who would bear the resulting loss. Refund of rent paid
It would not be reasonable to refund to the tenant rent paid during the period up to 24 August 2024 when she remained in occupation of the premises. Bond
Ordinarily, where an application is made by tenant for repayment of the bond, the Tribunal is required to pay the bond to the tenant in the absence of an application by the landlord setting out the landlord’s claim against the bond (see. s.22B(2)).
However, this is an unusual circumstance in that although such an application has been made by the tenant, she has not appeared today in support of her application. It has been clear to the tenant that the landlord has not agreed to release the bond to her because of the dispute over rent for the period between the date rent was paid to by the tenant and the date a new tenancy began.
Pragmatically, I will proceed today to determine the dispute on the basis of the evidence provided by the tenant, despite her absence and by allowing the landlord to seek payment of the bond to him, as if as such an application had been filed. Compensation
Where a fixed-term tenancy is ended early, the Tribunal may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.
Having been advised by the tenant of circumstances that justified an early end to the fixed term tenancy, there was an obligation on the landlord to take reasonable steps to mitigate the loss arising from breach of the tenants obligation to pay rent through to the end of the fixed term (see s. 49 RTA).
The evidence satisfies me that the landlord took reasonable steps to mitigate that loss by immediately seeking out new tenants from amongst his social network, advertising the property as available for rent and putting in place a new tenancy as soon as possible.
In those circumstances, the loss faced by the landlord is for rent between 26 August 2024 and 16 September 2024. Two weeks’ rent by way of the bond is claimed.
The loss faced by the tenant is of that same two weeks rent, held as bond.
There is no evidence on which I could find that the hardship caused to the tenant by requiring her to pay the bond to the landlord to cover the loss of rent, would be greater than the hardship caused to the landlord by requiring him to forgo that rent, bearing in mind that the loss results from the tenant having breached her contractual obligation to pay rent through to the end of the fixed term, albeit for good and unforeseeable reasons.
In those circumstances I find that it would be just to require that the tenant pay to the landlord a further 2 weeks’ rent from the bond.

Tenancy Tribunal case 4989512 — Tenancy dispute at 21 Ferguson Avenue, Westshore, Napier 4110

At a glance

Award balance

Tenancy Tribunal case 4989512 — Tenancy dispute at 21 Ferguson Avenue, Westshore, Napier 4110

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions