What was Tenancy Tribunal case 5029008 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $965.73 immediately, calculated as

How much money was awarded in case 5029008?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,750.00 awarded to landlord; Water Rates: $108.73 awarded to landlord

What type of tenancy dispute was case 5029008?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5029008?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10974519-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5029008 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $965.73 immediately, calculated as

How much money was awarded in case 5029008?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,750.00 awarded to landlord; Water Rates: $108.73 awarded to landlord

What type of tenancy dispute was case 5029008?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5029008?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10974519-Tribunal_Order_Redacted.pdf.

3 Robina Court, Burswood, Auckland 2013 Tenancy Tribunal Case 5029008 — Rent arrears

Claims and awards in Tenancy Tribunal application 5029008 — net $965.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7.7.24	$3,750.00	The claim for rent arrears is proven.
Water rates	$108.73	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$965.73
Total payable by Tenant to Landlord	$965.73

Order

[The tenant/s] must pay [The landlord/s] $965.73 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing via video conference.
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 tenant filed an application seeking the return of his bond.

How much is owed for rent and water rates?

The fixed term tenancy ended on 7 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenant confirmed during the hearing that he agrees with the water arrears.
The landlord emailed the tenant a 90-day notice on 8 April 2024 with an end date of 7 July 2024. The purpose of the notice was to advise the tenant that the tenancy would not extend past the fixed term date of 7 July 2024. The tenant then started looking for somewhere else to live and then found a house to move in to.
On 15 May 2024 the tenant emailed the landlord stating: “Hi Anna. Putting in our 4 weeks’ notice as we will be moving on the 10th June if that’s ok”. The landlord stated during the hearing that she replied to this email late at night on 15 May 2024 stating that he could not move early as he was still subject to a fixed term tenancy until 7 July 2024. By this stage the tenant had already signed up to a new tenancy.
The tenant moved out on 11 June 2024.
The landlord is seeking rent arrears to 7 July 2024. The landlord is claiming that the last week the tenant was living there he did not pay the rent.
I am satisfied that the tenant is responsible for the rent arrears as claimed by the landlord. That being said it is also my view that this was a mistaken belief on the part of the tenant that he could break a fixed term tenancy agreement early. He clearly did not set out to breach his obligations in this regard, rather he was merely responding to the landlord’s notice to end the tenancy on 7 July 2024 by trying to secure an alternative place to live. Notwithstanding this unfortunately the tenant is liable for rent up to 7 July 2024.
A fixed term tenancy can only be terminated early by the consent of both parties or by an order of this Tribunal. The tenant acted prematurely by signing up to a new tenancy agreement while he was still locked in with this tenancy until 7 July 2024.
The claim for rent arrears is proven.
The water arrears are ordered by consent.

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 claims that the tenant did not leave the carpet and house reasonably clean and tidy. The landlord has only provided an invoice for these two claims. There is no photographic evidence provided which confirms the state of the premises at the start and end of the tenancy. The landlord has failed to provide any photographs in support. As a minimum I would expect the landlord to at least provide entry and exit photographs in support of these two claims. Without this evidence I cannot be satisfied that the tenant has breached his obligations in this regard.
The claim for house and carpet cleaning must be dismissed.
Because [The applicant/s] has substantially succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
While the facts and reasoning of the decision may be in the public interest, in these circumstances, I do not consider that interest necessarily extends to the tenant’s name.
Accordingly, I order suppression of the tenant’s name.
I am satisfied that the tenant did not breach his obligations intentionally but rather through a mistaken belief. He has a young child and publication of his name would be out of all proportion to the gravity of the breach.

Claims and awards in Tenancy Tribunal application 5029008 — net $965.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7.7.24	$3,750.00	The claim for rent arrears is proven.
Water rates	$108.73	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$965.73
Total payable by Tenant to Landlord	$965.73

Order

[The tenant/s] must pay [The landlord/s] $965.73 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing via video conference.
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 tenant filed an application seeking the return of his bond.

How much is owed for rent and water rates?

The fixed term tenancy ended on 7 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenant confirmed during the hearing that he agrees with the water arrears.
The landlord emailed the tenant a 90-day notice on 8 April 2024 with an end date of 7 July 2024. The purpose of the notice was to advise the tenant that the tenancy would not extend past the fixed term date of 7 July 2024. The tenant then started looking for somewhere else to live and then found a house to move in to.
On 15 May 2024 the tenant emailed the landlord stating: “Hi Anna. Putting in our 4 weeks’ notice as we will be moving on the 10th June if that’s ok”. The landlord stated during the hearing that she replied to this email late at night on 15 May 2024 stating that he could not move early as he was still subject to a fixed term tenancy until 7 July 2024. By this stage the tenant had already signed up to a new tenancy.
The tenant moved out on 11 June 2024.
The landlord is seeking rent arrears to 7 July 2024. The landlord is claiming that the last week the tenant was living there he did not pay the rent.
I am satisfied that the tenant is responsible for the rent arrears as claimed by the landlord. That being said it is also my view that this was a mistaken belief on the part of the tenant that he could break a fixed term tenancy agreement early. He clearly did not set out to breach his obligations in this regard, rather he was merely responding to the landlord’s notice to end the tenancy on 7 July 2024 by trying to secure an alternative place to live. Notwithstanding this unfortunately the tenant is liable for rent up to 7 July 2024.
A fixed term tenancy can only be terminated early by the consent of both parties or by an order of this Tribunal. The tenant acted prematurely by signing up to a new tenancy agreement while he was still locked in with this tenancy until 7 July 2024.
The claim for rent arrears is proven.
The water arrears are ordered by consent.

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 claims that the tenant did not leave the carpet and house reasonably clean and tidy. The landlord has only provided an invoice for these two claims. There is no photographic evidence provided which confirms the state of the premises at the start and end of the tenancy. The landlord has failed to provide any photographs in support. As a minimum I would expect the landlord to at least provide entry and exit photographs in support of these two claims. Without this evidence I cannot be satisfied that the tenant has breached his obligations in this regard.
The claim for house and carpet cleaning must be dismissed.
Because [The applicant/s] has substantially succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
While the facts and reasoning of the decision may be in the public interest, in these circumstances, I do not consider that interest necessarily extends to the tenant’s name.
Accordingly, I order suppression of the tenant’s name.
I am satisfied that the tenant did not breach his obligations intentionally but rather through a mistaken belief. He has a young child and publication of his name would be out of all proportion to the gravity of the breach.

Tenancy Tribunal case 5029008 — Rent arrears at 3 Robina Court, Burswood, Auckland 2013

At a glance

Tenancy Tribunal case 5029008 — Rent arrears at 3 Robina Court, Burswood, Auckland 2013

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions