What was Tenancy Tribunal case 5005608 about?

The tribunal order states: The Tribunal orders suppression of the Tenant name and identifying details.

How much money was awarded in case 5005608?

Compensation: Exit Fee: $350.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5005608?

The dispute type was not classified.

Where can I read the official tribunal order for case 5005608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11230331-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5005608 about?

The tribunal order states: The Tribunal orders suppression of the Tenant name and identifying details.

How much money was awarded in case 5005608?

Compensation: Exit Fee: $350.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5005608?

The dispute type was not classified.

Where can I read the official tribunal order for case 5005608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11230331-Tribunal_Order_Redacted.pdf.

Room 1, Unit/Flat Unit 1, 53 Kemp Street, Kilbirnie, Tenancy Tribunal Case 5005608 — Tenancy dispute

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Room 1, Unit/Flat Unit 1, 53 Kemp Street, Kilbirnie, Tenancy Tribunal Case 5005608 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5005608 — net $377.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: exit fee	$350.00	exit fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$377.00
Total payable by Landlord to Tenant	$377.00

Claims and awards for application 5005608 — net $377.00 NZD. Verify on MoJ.

Compensation: exit fee

Amount: $350.00
Awarded to: Tenant
Reason: exit fee

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $377.00

Total payable by Landlord to Tenant

Tenant $377.00

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

The Tribunal orders suppression of the Tenant name and identifying details.
Stelios Kasoulides must pay [The tenant/s] $377.00 immediately, calculated as shown in table below:
All other claims are dismissed.

Reasons

Both parties attended the hearing.
There was an assignment and one of the tenants moved out. The tenant has asked for his bond to be refunded because the landlord kept $350 of his bond as an “exit fee”.
At the start of the tenancy the bond was lodged with the Bond Centre within the 23 working days required. The claim relating to lodging the bond is dismissed.
This tenancy started in April 2023. There were changes to the Residential Tenancies Act 1986 (RTA) in 2021 which mean landlords can no longer claim a set fee from tenants who want leave a fixed term tenancy. Section 44A states that a landlord can recover any expenses reasonably incurred in the assignment process so long as the landlord provides an itemised account to the tenant.
The landlord submitted that a text message listing the process and time spent was in fact an invoice. I am not persuaded by this submission. The text was part of a month-long text conversation. The word invoice was never used. The information was vague, for example: ... Spent approximately 2 hours on the phone txt with you one evening tis week and further half hour Wednesday?, two days ago...
An invoice has a list of jobs done, time spent and an amount for each job. I find the landlord did not provide an itemised invoice and therefore cannot claim an “exit fee” from the tenant.
Usually when a tenant successfully claims the bond after the end of a tenancy this is refunded from the Bond Centre. This particular case is different though because what the tenant is missing is the $350 the landlord decided to keep from the new tenant’s bond money. This means the order has to be that the landlord pays the tenant.
Because the tenant has substantially succeeded with the claim I have reimbursed the filing fee.
I have used my discretion and allowed suppression for the tenant. The tenant is the most successful party, and it could be prejudicial for future tenancies if his name is published. The landlord’s name is published because there is public interest when landlords have to pay compensation. See section 95A RTA.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5005608 — net $377.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: exit fee	$350.00	exit fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$377.00
Total payable by Landlord to Tenant	$377.00

Claims and awards for application 5005608 — net $377.00 NZD. Verify on MoJ.

Compensation: exit fee

Amount: $350.00
Awarded to: Tenant
Reason: exit fee

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $377.00

Total payable by Landlord to Tenant

Tenant $377.00

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

The Tribunal orders suppression of the Tenant name and identifying details.
Stelios Kasoulides must pay [The tenant/s] $377.00 immediately, calculated as shown in table below:
All other claims are dismissed.

Reasons

Both parties attended the hearing.
There was an assignment and one of the tenants moved out. The tenant has asked for his bond to be refunded because the landlord kept $350 of his bond as an “exit fee”.
At the start of the tenancy the bond was lodged with the Bond Centre within the 23 working days required. The claim relating to lodging the bond is dismissed.
This tenancy started in April 2023. There were changes to the Residential Tenancies Act 1986 (RTA) in 2021 which mean landlords can no longer claim a set fee from tenants who want leave a fixed term tenancy. Section 44A states that a landlord can recover any expenses reasonably incurred in the assignment process so long as the landlord provides an itemised account to the tenant.
The landlord submitted that a text message listing the process and time spent was in fact an invoice. I am not persuaded by this submission. The text was part of a month-long text conversation. The word invoice was never used. The information was vague, for example: ... Spent approximately 2 hours on the phone txt with you one evening tis week and further half hour Wednesday?, two days ago...
An invoice has a list of jobs done, time spent and an amount for each job. I find the landlord did not provide an itemised invoice and therefore cannot claim an “exit fee” from the tenant.
Usually when a tenant successfully claims the bond after the end of a tenancy this is refunded from the Bond Centre. This particular case is different though because what the tenant is missing is the $350 the landlord decided to keep from the new tenant’s bond money. This means the order has to be that the landlord pays the tenant.
Because the tenant has substantially succeeded with the claim I have reimbursed the filing fee.
I have used my discretion and allowed suppression for the tenant. The tenant is the most successful party, and it could be prejudicial for future tenancies if his name is published. The landlord’s name is published because there is public interest when landlords have to pay compensation. See section 95A RTA.

Tenancy Tribunal case 5005608 — Tenancy dispute at Room 1, Unit/Flat Unit 1, 53 Kemp Street, Kilbirnie,

At a glance

Tenancy Tribunal case 5005608 — Tenancy dispute at Room 1, Unit/Flat Unit 1, 53 Kemp Street, Kilbirnie,

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions