How much money was awarded in case 5055011?

Compensation: Refund Water Bills: $238.00 awarded to tenant; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,942.86 awarded to landlord

What type of tenancy dispute was case 5055011?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5055011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11179257-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5055011?

Compensation: Refund Water Bills: $238.00 awarded to tenant; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,942.86 awarded to landlord

What type of tenancy dispute was case 5055011?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5055011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11179257-Tribunal_Order_Redacted.pdf.

60 Strid Road, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 5055011 — Rent arrears

Q: What was Tenancy Tribunal case 5055011 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5055011 — net $1,331.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$3,942.86		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement
Compensation: refund water bills		$238.00	refund water bills
Total award	$3,969.86	$238.00
Net award	$1,331.86
Total payable by Tenant to Landlord	$1,331.86

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Sudesh Rathnayake must pay [The landlord/s] $1,331.86 immediately, being rent arrears to 4 December 2024 and reimbursement of the filing fee, as calculated and set out below:

The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy for abandonment, rent arrears, reimbursement of the filing fee and refund of the bond.

The tenant sought the refund of their bond and refuted the claim of damage to the property after they left.

The landlord has not raised any claim about damage to the property, so I am not considering that issue.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.

On 26 October 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. This was a 12-month fixed term tenancy that commenced on 14 July 2024.

On 16 September 2024, the tenant advised the landlord that he needed to end the fixed term tenancy. Discussions were had between the parties about the tenant finding a new tenant to take over the tenancy.

Despite advertising and providing potential tenants to the landlord, the property remains without a new tenant. The tenant was of the view that he had provided a few potential applicants to the landlord therefore his obligation had been completed.

However, the landlord advised that they followed up with these prospects and not one followed through and put in an application to take over the tenancy.

The tenant left the property on 26 October 2024 and moved to a new tenancy. The tenant believes that he should only have to pay rent up until the day he left the tenancy and not until today’s date.

I find that the tenant did abandon the tenancy without notice to the landlord and therefore the rent should be paid up until the day the Tribunal terminates the tenancy.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately, and possession is given to the landlord.

How much does the tenant owe?

The landlord provided rent records which prove the amount of $3942.86 owing at the end of the tenancy, which is today’s date. The amount ordered includes rent in lieu of notice.

I have attempted to explain the law relating to fixed term tenancies to the tenant. He feels that as he was suffering financial hardship he should be released from the tenancy as of 26 October 2024.

It is unfortunate that he did not file an application with the Tribunal earlier to seek a release from a fixed term tenancy due to hardship.

I find that the landlord has proven their claim for rent arrears up until 4 December 2024 when the tenancy was terminated by the Tribunal.

The rent arrears to 4 December 2024 are $3942.86.

As the landlord has been successful in their claim for rent arrears, I must refund the bond to them to offset some of the debt owed by the tenant to the landlord.

The Bond Centre is to refund the bond immediately to the landlord.

The tenant claimed that there were water leaks at the property which amongst other things caused high water bills.

The landlord accepted that there had been issues with water leaks outside the property and that they would have applied to water care for a refund of part of the tenant’s water bills after the repair was done. As the tenant left the premises, they were not able to seek the refund.

I consider that it is appropriate to compensate the tenant for the high-water bills. The landlord stated that they looked at the previous tenant’s monthly water bills which were around $60-$70 per month for a comparison with the tenant’s bills.

The tenant had paid $182.00, $115.00, and $136.00 each month over the three months he was at the property. As that is significantly higher than the previous tenant, I consider that this tenants bills should have been around $60 - $70 per month had the water leak not occurred.

I am awarding the tenant compensation of $238.00 for water bills paid during the time of the acknowledged water leak.

The landlord has applied for suppression of their name and identifying details and as they have been successful, I will grant suppression.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5055011 — net $1,331.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$3,942.86		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement
Compensation: refund water bills		$238.00	refund water bills
Total award	$3,969.86	$238.00
Net award	$1,331.86
Total payable by Tenant to Landlord	$1,331.86

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Sudesh Rathnayake must pay [The landlord/s] $1,331.86 immediately, being rent arrears to 4 December 2024 and reimbursement of the filing fee, as calculated and set out below:
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, reimbursement of the filing fee and refund of the bond.
The tenant sought the refund of their bond and refuted the claim of damage to the property after they left.
The landlord has not raised any claim about damage to the property, so I am not considering that issue.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 26 October 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. This was a 12-month fixed term tenancy that commenced on 14 July 2024.
On 16 September 2024, the tenant advised the landlord that he needed to end the fixed term tenancy. Discussions were had between the parties about the tenant finding a new tenant to take over the tenancy.
Despite advertising and providing potential tenants to the landlord, the property remains without a new tenant. The tenant was of the view that he had provided a few potential applicants to the landlord therefore his obligation had been completed.
However, the landlord advised that they followed up with these prospects and not one followed through and put in an application to take over the tenancy.
The tenant left the property on 26 October 2024 and moved to a new tenancy. The tenant believes that he should only have to pay rent up until the day he left the tenancy and not until today’s date.
I find that the tenant did abandon the tenancy without notice to the landlord and therefore the rent should be paid up until the day the Tribunal terminates the tenancy.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately, and possession is given to the landlord.

How much does the tenant owe?

The landlord provided rent records which prove the amount of $3942.86 owing at the end of the tenancy, which is today’s date. The amount ordered includes rent in lieu of notice.
I have attempted to explain the law relating to fixed term tenancies to the tenant. He feels that as he was suffering financial hardship he should be released from the tenancy as of 26 October 2024.
It is unfortunate that he did not file an application with the Tribunal earlier to seek a release from a fixed term tenancy due to hardship.
I find that the landlord has proven their claim for rent arrears up until 4 December 2024 when the tenancy was terminated by the Tribunal.
The rent arrears to 4 December 2024 are $3942.86.
As the landlord has been successful in their claim for rent arrears, I must refund the bond to them to offset some of the debt owed by the tenant to the landlord.
The Bond Centre is to refund the bond immediately to the landlord.
The tenant claimed that there were water leaks at the property which amongst other things caused high water bills.
The landlord accepted that there had been issues with water leaks outside the property and that they would have applied to water care for a refund of part of the tenant’s water bills after the repair was done. As the tenant left the premises, they were not able to seek the refund.
I consider that it is appropriate to compensate the tenant for the high-water bills. The landlord stated that they looked at the previous tenant’s monthly water bills which were around $60-$70 per month for a comparison with the tenant’s bills.
The tenant had paid $182.00, $115.00, and $136.00 each month over the three months he was at the property. As that is significantly higher than the previous tenant, I consider that this tenants bills should have been around $60 - $70 per month had the water leak not occurred.
I am awarding the tenant compensation of $238.00 for water bills paid during the time of the acknowledged water leak.
The landlord has applied for suppression of their name and identifying details and as they have been successful, I will grant suppression.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5055011 — Rent arrears at 60 Strid Road, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 5055011 — Rent arrears at 60 Strid Road, Te Atatu South, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions