Published tribunal order
Tenancy Tribunal case 5061553 — Exemplary damages
Decided 20 Dec 2024 · Published 20 Dec 2024 · Application 5061553
- Exemplary damages
Party names are redacted in the official published order.
Order
for possession on the basis that the fixed term tenancy has come to an end.
- The hearing today has been set down on an urgent basis for determination of the Landlord’s claim for termination and to make directions for the hearing of the Tenant’s claims. Settlement discussions
- At the hearing today the parties were willing to discuss settlement terms between themselves and were able to reach agreement on all issues.
- The Tenant has found a new tenancy which will commence on 31 December 2024. The parties agreed that the tenancy will end at midday on this date. The Tenant will leave the keys in the letterbox and one of the trustees will come and collect the key at their convenience.
- The parties agreed further that the Landlord would pay the Tenant the sum of $6,000 in full and final settlement of all claims relating to this tenancy (whether currently filed or not). As the Tenant’s rent is paid up to 24 December 2024, the parties discussed and agreed that the Tenant would not pay any additional rent (being $400.00 due for the week 25 to 31 December 2024) and the Landlord would pay the Tenant the balance of $5,600 on Monday, 23 December 2024.
- The Tenant provided a copy of his bank account details for payment at the hearing today. As the payment will be made from a solicitor’s trust account the Tenant should expect to receive a phone call confirming his account details prior to payment being made. The Tenant provided his mobile phone number at the hearing today for this reason. Suppression and final comments
- The parties have done well to resolve all issues between them by agreement.
- As these orders are made by consent, and no findings were required by the Tribunal, there is no public interest in publication of this decision. I therefore exercise my discretion pursuant to section 95A of the Residential Tenancies Act 1986 to suppress the names of the parties and the tenancy address. M Allan 20 December 2024