What was Tenancy Tribunal case 5066249 about?

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

How much money was awarded in case 5066249?

Filing Fee: $27.00 awarded to landlord; Rent: $2,314.29 awarded to landlord; Water Charges: $289.70 awarded to landlord

What type of tenancy dispute was case 5066249?

The dispute type was not classified.

Where can I read the official tribunal order for case 5066249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11245800-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5066249 about?

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

How much money was awarded in case 5066249?

Filing Fee: $27.00 awarded to landlord; Rent: $2,314.29 awarded to landlord; Water Charges: $289.70 awarded to landlord

What type of tenancy dispute was case 5066249?

The dispute type was not classified.

Where can I read the official tribunal order for case 5066249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11245800-Tribunal_Order_Redacted.pdf.

9 Yatterina Avenue, Takanini, Takanini 2112 Tenancy Tribunal Case 5066249 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5066249 — net $2,630.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 5 December 2024	$2,314.29	Rent to 5 December 2024
Water charges	$289.70	Water charges
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,630.99
Total payable by Tenant to Landlord	$2,630.99

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
[The landlord/s] is granted possession of the premises at 9 Yatterina Avenue, Takanini, Takanini 2112 immediately.
The Bond Centre is to pay $2,630.99 from the bond of $$2,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the bond of $289.01 is to remain at the Bond Centre.

Reasons

The landlord and one of the tenants attended the hearing yesterday. An interpreter assisted the tenant.
On 11 November 2024 the landlord applied for termination, rent arrears, outgoings, refund of the bond, and reimbursement of the filing fee.
The tenant has since moved out and does not dispute the water charges. It is appropriate to make a possession order and an order for payment of outgoings.
The remaining issue is rent arrears, which is addressed below. Background
The tenancy started on 6 August 2022 and continued as a periodic tenancy from 7 August 2023 at a weekly rent of $810.00.
The landlord claims rent arrears of $4,860.00 from 16 November to 27 December 2024. The landlord says the tenant only gave written notice of termination on 5 December 2024 and is liable for rent to 2 January 2025 (28 days). However, the landlord has found a tenant willing to rent the property from 28 December 2024.
One of the tenants (Ms S) moved out prior to the landlord’s application and paid the rent arrears and the rent to 15 November 2024 (a payment of $3,240.00 on 12 November 2024). The arrears have developed since then.
The tenant says he had a conversation with one of the property managers, Mr I, on 19 November 2024. There was a verbal understanding that he would move out in 4 weeks, paying 1 week of rent and the remaining 3 weeks from the bond. The tenant points to the bond refund form being emailed to him on that day as evidence of this agreement.
The parties corresponded about the tenancy as follows: • The landlord emailed Ms S on 11 November 2024 about the rent arrears. There was no mention of the tenants giving notice, although Ms S indicated that she was moving out. • On 12 November 2024 the landlord emailed the remaining tenants, advising that Ms S had agreed to clear the rent arrears: “...however going forward you need to advise if you will be continuing on with the tenancy or not. If you are unable to pay rent, please respond back and provide notice of 28 days.” • On 17 November 2024 the tenant emailed and advised he would vacate the property on 24 November 2024. On 20 November 2024 the landlord emailed the bond refund form and asked that all tenants sign the form. The tenant did not move out on 24 November 2024. • In an email to the landlord dated 5 December 2024, the tenant said he had spoken to Mr I on 19 November 2024 who told him “...its fine you can vacate as soon...[sic]”. The tenant said he told Mr I he would pay 1 week’s rent and 3 weeks could be deducted from the bond, therefore providing 28 days’ notice: “This is why he sent me bond refund form and he said you need to sign it and send it back and vacate the house”. The tenant vacated that day. • The landlord responded on 6 December 2024, declining to shorten the 28-day notice period: “I have tried calling and emailing you before to remind you to give notice earlier...”. The landlord said notice had been given on 5 December 2024, and would expire on 2 January 2025. Analysis
Section 51(2B) of the Residential Tenancies Act 1986 (the Act) provides that a tenant may terminate a periodic tenancy by giving at least 28 days’ notice. Section 51(3) provides that every notice to terminate a tenancy shall be in writing.
The tenant gave notice to terminate in writing on 5 December 2024. Applying section 51 of the Act it follows that the tenancy will end on 27 December 2024, because the landlord has agreed to accept the surrender of the tenancy on that day, before expiry of the 28-day notice period.
However, the tenant says in effect that the landlord accepted verbal notice on 19 November 2024, and therefore waived the requirement for the notice to be in writing.
In a text message on 5 December 2024, the tenant said they had cleaned the house and asked Mr I about handing back the keys. Mr I replied by text: “I have been advised by our senior management team, you needed to hand in 28 days’ notice the tenancy hasn’t legally ended.” When the tenant complained that they had spoken on 19 November 2024 and reiterated what had been said, Mr I responded: “You will need to send an email to [landlord’s email address]”.
The landlord said there were other emails in which she explained that the tenant needed to give notice, but these were not provided. She also said she spoke in Punjabi to the tenant and advised him to give 28 days’ notice. It is not clear whether it was made clear that the notice had to be in writing. The available emails do not say that explicitly. The wording of the text from Mr I, in contrast, gives the impression that he had conveyed something different on 19 November 2024 and was now having to correct it.
As a matter of strict law, the tenant should have given written notice and did not do so. However, when the substantial merits and justice of the case are considered, pursuant to section 85 of the Act, I consider that notice was given verbally on 19 November 2024, and this was accepted. The tenant came away from that conversation believing the tenancy would end on 5 December 2024 and acted on that understanding, as revealed by his text messages. The landlord’s emails did not contradict this impression because they did not request notice in writing. I consider that the landlord waived the requirement for written notice on 19 November 2024.
I find that the tenant is liable to pay rent to 5 December 2024 in the sum of $2,314.29. The bond has been applied towards the arrears. The balance of the bond of $2,920.00 remains at the Bond Centre. Filing fee and suppression
The landlord’s application has been largely successful. I award the filing fee.
Both parties requested suppression. The landlord has been “wholly or substantially” successful. I grant suppression to the landlord. The tenant has succeeded in reducing the rent arrears but still owes rent and water charges (and has not returned the keys). I decline suppression.

Claims and awards in Tenancy Tribunal application 5066249 — net $2,630.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 5 December 2024	$2,314.29	Rent to 5 December 2024
Water charges	$289.70	Water charges
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,630.99
Total payable by Tenant to Landlord	$2,630.99

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
[The landlord/s] is granted possession of the premises at 9 Yatterina Avenue, Takanini, Takanini 2112 immediately.
The Bond Centre is to pay $2,630.99 from the bond of $$2,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the bond of $289.01 is to remain at the Bond Centre.

Reasons

The landlord and one of the tenants attended the hearing yesterday. An interpreter assisted the tenant.
On 11 November 2024 the landlord applied for termination, rent arrears, outgoings, refund of the bond, and reimbursement of the filing fee.
The tenant has since moved out and does not dispute the water charges. It is appropriate to make a possession order and an order for payment of outgoings.
The remaining issue is rent arrears, which is addressed below. Background
The tenancy started on 6 August 2022 and continued as a periodic tenancy from 7 August 2023 at a weekly rent of $810.00.
The landlord claims rent arrears of $4,860.00 from 16 November to 27 December 2024. The landlord says the tenant only gave written notice of termination on 5 December 2024 and is liable for rent to 2 January 2025 (28 days). However, the landlord has found a tenant willing to rent the property from 28 December 2024.
One of the tenants (Ms S) moved out prior to the landlord’s application and paid the rent arrears and the rent to 15 November 2024 (a payment of $3,240.00 on 12 November 2024). The arrears have developed since then.
The tenant says he had a conversation with one of the property managers, Mr I, on 19 November 2024. There was a verbal understanding that he would move out in 4 weeks, paying 1 week of rent and the remaining 3 weeks from the bond. The tenant points to the bond refund form being emailed to him on that day as evidence of this agreement.
The parties corresponded about the tenancy as follows: • The landlord emailed Ms S on 11 November 2024 about the rent arrears. There was no mention of the tenants giving notice, although Ms S indicated that she was moving out. • On 12 November 2024 the landlord emailed the remaining tenants, advising that Ms S had agreed to clear the rent arrears: “...however going forward you need to advise if you will be continuing on with the tenancy or not. If you are unable to pay rent, please respond back and provide notice of 28 days.” • On 17 November 2024 the tenant emailed and advised he would vacate the property on 24 November 2024. On 20 November 2024 the landlord emailed the bond refund form and asked that all tenants sign the form. The tenant did not move out on 24 November 2024. • In an email to the landlord dated 5 December 2024, the tenant said he had spoken to Mr I on 19 November 2024 who told him “...its fine you can vacate as soon...[sic]”. The tenant said he told Mr I he would pay 1 week’s rent and 3 weeks could be deducted from the bond, therefore providing 28 days’ notice: “This is why he sent me bond refund form and he said you need to sign it and send it back and vacate the house”. The tenant vacated that day. • The landlord responded on 6 December 2024, declining to shorten the 28-day notice period: “I have tried calling and emailing you before to remind you to give notice earlier...”. The landlord said notice had been given on 5 December 2024, and would expire on 2 January 2025. Analysis
Section 51(2B) of the Residential Tenancies Act 1986 (the Act) provides that a tenant may terminate a periodic tenancy by giving at least 28 days’ notice. Section 51(3) provides that every notice to terminate a tenancy shall be in writing.
The tenant gave notice to terminate in writing on 5 December 2024. Applying section 51 of the Act it follows that the tenancy will end on 27 December 2024, because the landlord has agreed to accept the surrender of the tenancy on that day, before expiry of the 28-day notice period.
However, the tenant says in effect that the landlord accepted verbal notice on 19 November 2024, and therefore waived the requirement for the notice to be in writing.
In a text message on 5 December 2024, the tenant said they had cleaned the house and asked Mr I about handing back the keys. Mr I replied by text: “I have been advised by our senior management team, you needed to hand in 28 days’ notice the tenancy hasn’t legally ended.” When the tenant complained that they had spoken on 19 November 2024 and reiterated what had been said, Mr I responded: “You will need to send an email to [landlord’s email address]”.
The landlord said there were other emails in which she explained that the tenant needed to give notice, but these were not provided. She also said she spoke in Punjabi to the tenant and advised him to give 28 days’ notice. It is not clear whether it was made clear that the notice had to be in writing. The available emails do not say that explicitly. The wording of the text from Mr I, in contrast, gives the impression that he had conveyed something different on 19 November 2024 and was now having to correct it.
As a matter of strict law, the tenant should have given written notice and did not do so. However, when the substantial merits and justice of the case are considered, pursuant to section 85 of the Act, I consider that notice was given verbally on 19 November 2024, and this was accepted. The tenant came away from that conversation believing the tenancy would end on 5 December 2024 and acted on that understanding, as revealed by his text messages. The landlord’s emails did not contradict this impression because they did not request notice in writing. I consider that the landlord waived the requirement for written notice on 19 November 2024.
I find that the tenant is liable to pay rent to 5 December 2024 in the sum of $2,314.29. The bond has been applied towards the arrears. The balance of the bond of $2,920.00 remains at the Bond Centre. Filing fee and suppression
The landlord’s application has been largely successful. I award the filing fee.
Both parties requested suppression. The landlord has been “wholly or substantially” successful. I grant suppression to the landlord. The tenant has succeeded in reducing the rent arrears but still owes rent and water charges (and has not returned the keys). I decline suppression.

Tenancy Tribunal case 5066249 — Tenancy dispute at 9 Yatterina Avenue, Takanini, Takanini 2112

At a glance

Award balance

Tenancy Tribunal case 5066249 — Tenancy dispute at 9 Yatterina Avenue, Takanini, Takanini 2112

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions