What was Tenancy Tribunal case 5004029 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 5004029?

And The Tribunal Orders Suppression…: $505.00 awarded to landlord

What type of tenancy dispute was case 5004029?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5004029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11298252-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5004029 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 5004029?

And The Tribunal Orders Suppression…: $505.00 awarded to landlord

What type of tenancy dispute was case 5004029?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5004029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11298252-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5004029 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5004029. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
and the Tribunal orders suppression of the [Tenant] name and identifying details. 2. Property Brokers Waikato Limited to	$505.00		and the Tribunal orders suppression of the [Tenant] name and identifying details. 2. Property Brokers Waikato Limited to

Both parties attended the hearing.

The dispute concerns a tenancy between a landlord and a tenant of a joint tenancy.

The Applicant abandoned the joint tenancy early. He informed the property manager of his intent to leave before doing so, visiting the property manager at her office. He also sought reimbursement of his bond on that and other occasions. This is not disputed by the Respondent.

The Respondent claims the Applicant did not provide 28 days’ written notice. The Respondent told the Applicant she would get back to him as she sought further guidance on the Applicant’s situation.

The Respondent subsequently applied to terminate the tenancy. The tenancy was terminated on 19 August 2024, but that finding of termination does not affect the Applicant’ claim which relies on earlier termination (of the joint tenancy).

The Respondent concurrently obtained a refund of the full bond to cover rent arrears accrued by the remaining tenant.

The Applicant has sought a refund of his share of the bond, claiming he should not be held liable for the remaining tenant’s rent arrears due to his good-faith attempt to end the tenancy before the arrears accrued, and the property manager’s failure to provide clear guidance or any formal notice requirements when he came to their office and sought to end the tenancy.

I find the Applicant was not aware or adequately informed about the formal requirement to provide 28 days’ written notice under the Residential Tenancies Act 1986 (RTA), and consider the Respondent was obliged to unequivocally advise the Applicant of the notice requirements when he asked to quit the premises.

While tenants are expected to comply with the law, the property manager’s failure to clearly communicate this obligation, despite the Applicant’s inquiry, contributed to the confusion. I accept the Applicant’s evidence that he relied on the property manager’s assurance that they would speak to the other, remaining tenant, and that no follow-up occurred. He was unclear as to whether his tenancy had been terminated.

I accept the property manager’s explanation that the Respondent brought the earlier termination application to terminate the tenancy only against the remaining tenant in an attempt to shield the Applicant from further financial liability. However, the Respondent then applied the whole of the refunded bond to cover the remaining tenant’s rent arrears, without addressing the procedural shortcomings in releasing the Applicant from the tenancy, and without refunding his portion of the bond and seeking the balance of the bond from the remaining tenant.

In considering the substantial merits and justice of the case under s 85 of the RTA the Tribunal finds that: a. The Applicant gave effective notice by informing the property manager of their intention to leave the premises. b. The Respondent’s use of the Applicant’s portion of the bond was lawful but must be limited to the Applicant’s fair share of liability for the 28-day notice period. c. The Respondent’s communication failure warrants a reduction in the Applicant’s liability in the interests of fairness.

I find the Applicant is liable for half of the weekly rent for 14 days from the date they informed the property manager of their intention to exit the tenancy, reflecting the lack of clear direction on the part of the Respondent.

The Respondent and property manager are reminded of their responsibility to provide clear and accurate guidance to tenants in similar situations.

Reasons

Claims and awards in Tenancy Tribunal application 5004029. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
and the Tribunal orders suppression of the [Tenant] name and identifying details. 2. Property Brokers Waikato Limited to	$505.00		and the Tribunal orders suppression of the [Tenant] name and identifying details. 2. Property Brokers Waikato Limited to

Both parties attended the hearing.

The dispute concerns a tenancy between a landlord and a tenant of a joint tenancy.

The Respondent concurrently obtained a refund of the full bond to cover rent arrears accrued by the remaining tenant.

The Respondent and property manager are reminded of their responsibility to provide clear and accurate guidance to tenants in similar situations.

Tenancy Tribunal case 5004029 — Rent arrears

At a glance

Tenancy Tribunal case 5004029 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions