What was the outcome of Tenancy Tribunal case 5064028?

The tribunal order states: The Bond Centre is to pay the bond of $2,400.00 (6413390-026) to Rachel

How much money was awarded in case 5064028?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5064028?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5064028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11346648-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5064028?

The tribunal order states: The Bond Centre is to pay the bond of $2,400.00 (6413390-026) to Rachel

How much money was awarded in case 5064028?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5064028?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5064028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11346648-Tenancy_Tribunal_Order.pdf.

31A Solar Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 5064028 — Rent arrears

Order

The Bond Centre is to pay the bond of $2,400.00 (6413390-026) to Rachel Maree Veve immediately.
The landlord’s claim for rent arrears is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears and refund of the bond following the end of the tenancy.
The tenant filed a cross-application disputing the landlord’s claim for rent arrears and seeking a refund of the bond.
Each party must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. In Kaipo v McCarthy (DC) TT233/02, the District Court held that, in practical terms, the standard of proof means: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

RENT ARREARS

I deal with this issue in two parts: a. What conditions were attached to the landlord’s consent allowing the tenant to assign their tenancy? b. When did a new tenancy begin and what are the rent arrears up to this date? What conditions were attached to the landlord’s consent allowing the tenant to assign their tenancy?
The tenancy began on 12 April 2024. It was a fixed-term tenancy until 12 April 2025.
A tenant may assign a fixed-term tenancy with the landlord’s prior written consent and in accordance with any reasonable conditions attached to that consent by the landlord. 1
Both parties accept that the landlord gave consent for the tenant to assign their tenancy, but dispute the conditions attached to that consent. The landlord claims the conditions were that the tenant pay the following: a. The costs associated with instructing an agent to find a suitable replacement tenant; and b. Rent up to the date a new tenancy began.
The tenant claims that the conditions were that the tenant pay the following: a. The costs associated with instructing an agent to find a suitable replacement tenant; and b. Rent up to 31 October 2024. 1 Residential Tenancies Act 1986, section 43B(1).
Both parties accept that the tenant paid $849.00 to Y Gen Home Rentals Limited on 3 October 2024. This payment covered the costs associated with finding a suitable replacement tenant.
The issue I must determine is whether the landlord agreed to allow the tenant to pay rent up to 31 October 2024, as opposed to the date that a new tenancy began.
On 1 October 2024, the landlord sent the tenant the following email: Attention Rachel, In response to your text dated 30/09/2024, requesting early termination of your tenancy, just to confirm that your current contract runs from 12 th April 2024 to 12 th April 2025. This is a binding one-year agreement, committing you to rent payments for the full 12-month period. Breaking the contract would result in financial costs for us, including agent fees to secure a new tenant and potential gap in rental payments until the new tenant begins their lease. To minimise this impact and facilitate an early termination, we are willing to agree to the following terms:
You cover the costs of an agent to find a suitable replacement tenant.
You continue paying rent until the new tenancy officially commences. Let us know your thoughts and should you have any questions, feel free to reach out. [emphasis added]
The landlord sent a second email to the tenant on 2 October 2024 stating: Dear Rachel, Thank you for your patience. I wanted to update you on the progress with the realtor. I spoke with him this morning regarding the estimated timeline for securing a new tenant. Unfortunately, I am unable to provide an exact timeframe at this stage. As I mentioned in my earlier text (dated 2/10/2024 at 8:50am), it could take at least a month, but it may be longer, depending on factors such as whether the incoming tenant needs to give notice at their current residence or can move in immediately. I have attached the details of the fees associated with securing a new tenant for your reference. Please note that if you wish to proceed with terminating your 12-month tenancy, you will need to continue paying rent until we have confirmed a start date for the new tenant’s rent payments. If you have any questions or would like to move forward with the termination, please don’t hesitate to reach out. [emphasis added]
On 3 October 2024 at 10:13am, the tenant replied to the landlord’s email with the following: Hi Nerilee, Thanks for your email. Yes I would like to go forward with the termination of my tenancy. Can you please confirm if you would like me to pay the realtor directly or put the money through to you? Please note my last day at the property will be 19 th October 2024.
The landlord replied to the tenant’s email later in the day on 3 October 2024 stating: Hello Rachel, ... If I can please ask that you acknowledge that you understand you will continue to pay rent until such time we have secured a new tenant and they have started paying rent, and that you understand that this could take at least a month, but it may be longer... [emphasis added]
The tenant replied to the landlord on 4 October 2024 with the following: Hi Nerilee, I appreciate you letting the property to my daughter and myself. I believe we have been model tenants. Further to our discussions I can confirm that I plan to pay rent up until 31 st of October and will be exiting the property on 19 th October. .... I am not in a position to pay rent on two places and as such cannot commit to an indefinite time frame.
The tenant gave evidence that they did not receive a reply from the landlord to their email dated 4 October 2024. The tenant submitted a text message they received from the landlord on 24 October 2024 stating: Hello Rachel, just reminding as per your email on 4 th October you will pay rent up to the 31 October which is two more payments. If you could deposit the rent today. Kind regards Nerilee
The tenant also received an email from the landlord on 25 October 2024 attaching the bond refund form for the tenant to sign. Parts of the form had been completed by the landlord but not signed by them. The landlord recorded the end date of the tenancy as “31/10/2024” on the bond refund form.
On 30 October 2024 the landlord sent the tenant an email advising that they had sought legal advice and that their consent to allow the tenant an early release from the fixed-term tenancy was contingent upon the tenant continuing to pay rent until a new tenancy began.
The landlord also sent the tenant an email on 5 November 2024 confirming their position.
The tenant claims that although the landlord did not respond to the tenant’s email sent on 4 October 2024 explicitly agreeing to allow the tenant to pay rent up to 31 October 2024, they agreed to this by their actions. I disagree.
The landlord was clear in their communication to the tenant early on that the tenant would be required to pay rent up to the date a new tenancy began. They stipulated this three times in three separate emails to the tenant on 1, 2 and 3 October 2024.
I consider it most likely that the landlord did not reply to the tenant’s email dated 4 October 2024 because they were confused by the tenant’s reply that they would only pay rent up to 31 October 2024 when the landlord had made it clear that they required the tenant to pay rent up to the date a new tenancy began. The landlord gave evidence that they self-manage the property and are not experienced in being a landlord. They gave evidence that they took the time between 4 October 2024 and 30 October 2024 to seek legal advice. After doing so, the landlord confirmed their position to the tenant in via email on 30 October 2024 and 5 November 2024.
The tenant did not agree with the landlord’s requirement that they pay rent until a new tenancy began. Section 43B(1) RTA is clear that it is the landlord who determines the reasonable conditions attaching to their consent to allow the tenant to assign the tenancy, not the tenant. I consider the landlord was clear in their communication that the tenant would be required to pay rent until a new tenancy began. This condition is reasonable.
I do not consider that by partially completing the bond refund form and recording the end date of the tenancy as “31/10/2024” the landlord thereby agreed to allow the tenant to only pay rent up to this date. The landlord had already made it very clear to the tenant that the tenant would be required to pay rent up to the date a new tenancy began. The landlord did not sign or lodge the bond refund form. In response to a question for the Tribunal, the landlord advised that the reason they sent the bond refund form to the tenant was because they believed that facilitating the return of the bond to the tenant was something they were required to do. The tenant left the property in a very clean and tidy state, and there was no damage. Therefore, the landlord believed that the bond needed to be refunded to the tenant. It was only after seeking advice that the landlord became aware that they could lodge a claim against the bond for rent arrears.
I am satisfied on the balance of probabilities that the conditions attaching to the landlord’s consent to allow the tenant to assign the tenancy were: a. That the tenant pay the costs associated with instructing an agent to find a suitable replacement tenant; and b. That the tenant pay rent up to the date a new tenancy commenced.

When did a new tenancy begin and what are the rent arrears up to this date?

The landlord gave evidence that the property was re-tenanted on 25 December 2024. The landlord did not produce a copy of the new tenancy agreement.
The landlord provided a rent summary which begins on 24 October 2024 and ends 22 December 2024. This rent summary records the total arrears up to 22 December 2024 as $5,400.00.
The tenant did not accept that a new tenancy began on 25 December 2024.
The tenant disputed the accuracy of the landlord’s rent summary and submitted their own summary from the beginning of the tenancy confirming the date rent was paid form the beginning of the tenancy up to 17 October 2024. The tenant claims that they paid two weeks rent in advance at the beginning of the tenancy and one of these weeks had not been accounted for in the landlord’s summary. The tenant claims that they paid rent up to 31 October 2024 and were not in arrears on this date.
According to the landlord’s rent summary, the tenant was in arrears of $942.84 on 31 October 2024.
The landlord’s rent summary does not start from the beginning of the tenancy, only from 24 October 2024. It does not record the two weeks rent in advance paid by the tenant at the beginning of the tenancy. The landlord’s rent summary does not record the correct due date for payment of rent or the correct period that the payment of rent covered. Per the terms of the tenancy agreement, rent was to be paid by the tenant one week in advance. The landlord’s rent summary records the rent period as partially preceding and succeeding the due date for payment.
The Tribunal conducted an exercise of its own to determine the total arrears up to 31 October 2024. Considering the two weeks rent in advance paid by the tenant at the beginning of the tenancy, the result is that the tenant had paid rent up to 31 October 2024 and was not in arrears.
The landlord claims the tenant is liable to pay rent up to the date a new tenancy began. I agree however, the landlord has not proven the date a new tenancy began or the level of rent arrears up to the relevant date. The landlord did not provide a copy of the new tenancy agreement, and their rent summary is incomplete and inaccurate. For these reasons, the landlord’s claim for rent arrears is dismissed.

BOND

The tenant seeks a refund of the bond. The landlord has a claim to the bond and has filed an application seeking a refund in lieu of rent arrears. The landlord has not proven their claim for rent arrears. Therefore, I order that the bond be refunded to the tenant in full.

FILING FEE

Both parties have been successful in their claims to some degree and therefore I do not order that either party reimburse the other the cost of the filing fee.
Neither party sought name suppression and I have not ordered it.

Tenancy Tribunal case 5064028 — Rent arrears at 31A Solar Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 5064028 — Rent arrears at 31A Solar Road, Glen Eden, Auckland 0602

At a glance

Claims & awards

Order

Reasons

RENT ARREARS

When did a new tenancy begin and what are the rent arrears up to this date?

BOND

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

RENT ARREARS

When did a new tenancy begin and what are the rent arrears up to this date?

BOND

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions