What was Tenancy Tribunal case 5002469 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 5002469?

Water Rates: $116.54 awarded to landlord

What type of tenancy dispute was case 5002469?

The dispute type was not classified.

Where can I read the official tribunal order for case 5002469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11089512-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5002469 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 5002469?

Water Rates: $116.54 awarded to landlord

What type of tenancy dispute was case 5002469?

The dispute type was not classified.

Where can I read the official tribunal order for case 5002469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11089512-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5002469 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5002469 — net $116.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$116.54	Water rates
Net award	$116.54
Total payable by Tenant to Landlord	$116.54

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details. 2.
The Bond Centre is to pay the bond of () immediately apportioned as follows: : :

Reasons

Background

The tenant’s application seeks refund of the bond. The landlord’s application seeks rent arrears, Trade Me Advertising costs, water rates, and wall repairs.
The parties entered into a one-year fixed term tenancy beginning on 17 February 2024. It is noted that the written tenancy agreement incorrectly states that the end date of the tenancy is 16 February 2024. The rent was $700 per week.
In August 2024, [The tenant/s] told Mr Bull that she had lost her job and was moving to [City] for work.
Mr Bull advertised for a new tenant. Mr Bull advertised the property at a rent of $800 per week.
[The tenant/s] vacated on 13 September.
Mr Bull re-let the premises from 20 September. Rent arrears and Trade Me costs
[The tenant/s] said that: a. When she told Mr Bull about needing to leave the tenancy she offered to find a new tenant, but Mr Bull refused, telling her that he would take control of that. b. Mr Bull then attempted to re-let the premises at a higher rent. c. She had a right to find another tenant herself. If Mr Bull had allowed her that right, and if she could have advertised the premises at $700 per week, she would have found another tenant without the need for Mr Bull to incur advertising costs.
Mr Bull said that: a. [The tenant/s] did not tell him that she wanted to look for a tenant herself. She told him that she wanted to leave the tenancy, and he got on with looking for a new tenant. b. The rent of $700 per week was significantly below market value. The new rent of $800 is still below market value.
A tenant may assign a tenancy: 1 a. With the prior written consent of the landlord; and b. In accordance with any reasonable conditions attached to that consent.
A landlord must not unreasonably refuse consent, and must not attach any unreasonable conditions to their consent. 2 1 Section 43B(1) Residential Tenancies Act 1986 (RTA)
A landlord’s consent must not be taken to have been unreasonably withheld if, instead of consenting to an assignment, the landlord offers to accept surrender of the tenancy on reasonable terms. 3
The most common and accepted ‘reasonable terms’ for the surrender of a fixed term tenancy are that the tenant remains liable for rent until a new tenancy takes over the tenancy on the same terms, and the tenant pays the reasonable costs of the new tenancy (advertising, credit checks, etc).
The Tenancy Tribunal is determine all disputes according to the substantial merits and justice of the case. 4
Applying these principles, my findings are: a. It is not proven that [The tenant/s] offered to find a new tenant herself when she first told Mr Bull about needing to leave the tenancy. The only evidence available to me about that conversation is the conflicting recollections of [The tenant/s] and Ms Bull. [The tenant/s] has the burden of proof. b. Mr Bull agreed to accept the surrender on the understanding that [The tenant/s] would be liable for rent until the new tenancy began and that she would pay the cost of advertising. These are reasonable terms. c. Mr Bull did not seek a tenant to take over [The tenant/s] tenancy on the same terms. He sought a new tenant on a higher rent. d. I accept [The tenant/s] argument that it is at least possible that a replacement tenant could have been found more quickly, possibly e. Further, Mr Bull is now in a better position with the new tenant than he was with [The tenant/s] tenancy. He has not suffered a loss as a consequence of [The tenant/s] leaving the fixed term tenancy. At the new rent rate, he will recover the lost week of rent and the Trade Me costs before intended end of [The tenant/s] fixed term tenancy in February 2025. f. Therefore, although there is a legal basis for Mr Bull to recover the Trade Me advertising costs from [The tenant/s], having regard to the substantial merits and justice of the case my finding is that it would be unjust to require [The tenant/s] to pay those costs when Mr Bull is receiving the benefit of an additional $100 per week of rent. Water rates
[The tenant/s] accepted this part of the claim. 2 Section 43B(6) RTA 3 Section 43B(7) RTA 4 Section 85(2) RTA Wall damage
Mr Bull withdrew this part of the claim. Filing fee, bond, name suppression
Each party must bear its own cost of the filing fee.
Mr Bull will receive $166.54 from the bond. The balance will be released to [The tenant/s].
[The tenant/s] sought name suppression. Name suppression is granted on the grounds that [The tenant/s] has substantially succeeded in the proceedings. 5

Claims and awards in Tenancy Tribunal application 5002469 — net $116.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$116.54	Water rates
Net award	$116.54
Total payable by Tenant to Landlord	$116.54

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details. 2.
The Bond Centre is to pay the bond of () immediately apportioned as follows: : :

Reasons

Background

The tenant’s application seeks refund of the bond. The landlord’s application seeks rent arrears, Trade Me Advertising costs, water rates, and wall repairs.
The parties entered into a one-year fixed term tenancy beginning on 17 February 2024. It is noted that the written tenancy agreement incorrectly states that the end date of the tenancy is 16 February 2024. The rent was $700 per week.
In August 2024, [The tenant/s] told Mr Bull that she had lost her job and was moving to [City] for work.
Mr Bull advertised for a new tenant. Mr Bull advertised the property at a rent of $800 per week.
[The tenant/s] vacated on 13 September.
Mr Bull re-let the premises from 20 September. Rent arrears and Trade Me costs
[The tenant/s] said that: a. When she told Mr Bull about needing to leave the tenancy she offered to find a new tenant, but Mr Bull refused, telling her that he would take control of that. b. Mr Bull then attempted to re-let the premises at a higher rent. c. She had a right to find another tenant herself. If Mr Bull had allowed her that right, and if she could have advertised the premises at $700 per week, she would have found another tenant without the need for Mr Bull to incur advertising costs.
Mr Bull said that: a. [The tenant/s] did not tell him that she wanted to look for a tenant herself. She told him that she wanted to leave the tenancy, and he got on with looking for a new tenant. b. The rent of $700 per week was significantly below market value. The new rent of $800 is still below market value.
A tenant may assign a tenancy: 1 a. With the prior written consent of the landlord; and b. In accordance with any reasonable conditions attached to that consent.
A landlord must not unreasonably refuse consent, and must not attach any unreasonable conditions to their consent. 2 1 Section 43B(1) Residential Tenancies Act 1986 (RTA)
A landlord’s consent must not be taken to have been unreasonably withheld if, instead of consenting to an assignment, the landlord offers to accept surrender of the tenancy on reasonable terms. 3
The most common and accepted ‘reasonable terms’ for the surrender of a fixed term tenancy are that the tenant remains liable for rent until a new tenancy takes over the tenancy on the same terms, and the tenant pays the reasonable costs of the new tenancy (advertising, credit checks, etc).
The Tenancy Tribunal is determine all disputes according to the substantial merits and justice of the case. 4
Applying these principles, my findings are: a. It is not proven that [The tenant/s] offered to find a new tenant herself when she first told Mr Bull about needing to leave the tenancy. The only evidence available to me about that conversation is the conflicting recollections of [The tenant/s] and Ms Bull. [The tenant/s] has the burden of proof. b. Mr Bull agreed to accept the surrender on the understanding that [The tenant/s] would be liable for rent until the new tenancy began and that she would pay the cost of advertising. These are reasonable terms. c. Mr Bull did not seek a tenant to take over [The tenant/s] tenancy on the same terms. He sought a new tenant on a higher rent. d. I accept [The tenant/s] argument that it is at least possible that a replacement tenant could have been found more quickly, possibly e. Further, Mr Bull is now in a better position with the new tenant than he was with [The tenant/s] tenancy. He has not suffered a loss as a consequence of [The tenant/s] leaving the fixed term tenancy. At the new rent rate, he will recover the lost week of rent and the Trade Me costs before intended end of [The tenant/s] fixed term tenancy in February 2025. f. Therefore, although there is a legal basis for Mr Bull to recover the Trade Me advertising costs from [The tenant/s], having regard to the substantial merits and justice of the case my finding is that it would be unjust to require [The tenant/s] to pay those costs when Mr Bull is receiving the benefit of an additional $100 per week of rent. Water rates
[The tenant/s] accepted this part of the claim. 2 Section 43B(6) RTA 3 Section 43B(7) RTA 4 Section 85(2) RTA Wall damage
Mr Bull withdrew this part of the claim. Filing fee, bond, name suppression
Each party must bear its own cost of the filing fee.
Mr Bull will receive $166.54 from the bond. The balance will be released to [The tenant/s].
[The tenant/s] sought name suppression. Name suppression is granted on the grounds that [The tenant/s] has substantially succeeded in the proceedings. 5

Tenancy Tribunal case 5002469 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5002469 — Tenancy dispute

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