What was Tenancy Tribunal case 5071409 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $550.00 immediately, from

How much money was awarded in case 5071409?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5071409?

The dispute type was not classified.

Where can I read the official tribunal order for case 5071409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11223064-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5071409 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $550.00 immediately, from

How much money was awarded in case 5071409?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5071409?

The dispute type was not classified.

Where can I read the official tribunal order for case 5071409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11223064-Tenancy_Tribunal_Order.pdf.

19 Repehina Road, Flat Bush, Auckland 2019 Tenancy Tribunal Case 5071409 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing.

The tenant seeks the return of his bond and damages after he informed the landlord at 2.33pm on 14 September 2024 that he was not going to move into the premises. The landlord seeks compensation of 2 weeks’ lost rent for the failure by the tenant to take on the tenancy.

The material issue is whether the parties had a firm and binding agreement at the material times for the tenancy to commence.

I find that the parties had a legally binding agreement for the tenancy to commence on 23 September 2024 at the weekly rent of $550.00. A bond of $1,100.00 was paid to the landlord and lodged with Tenancy Services subsequently.

This agreement was reached when the tenant paid $1,100.00 security deposit/bond at 1.30pm on 14 September 2024. The original commencement date of 25 September was later revised to 23 September 2024 by consent through texts.

An hour later at 2.33pm on 14 September 2024, the tenant texted to “withdraw” from the arrangement and the tenancy. I consider the tenant to have breached the legally binding tenancy agreement at that stage.

The landlord has suffered loss despite the short period of time that transpired between 1.30pm and 2.33pm on 14 September 2024. The landlord has already agreed with the existing tenant that they can vacate a week earlier on 21 September 2024 instead of 29 September 2024.

For those reasons I am satisfied that the tenant is liable to pay a week’s lost rent which represented the landlord’s actual loss in the circumstances. Had the tenant not agreed with the landlord to move into the premises on 23 September 2024, the landlord would not have released the existing tenant a week earlier.

Consequently, I have capped the landlord’s loss to just a week’s rent in the circumstances.

I hereby order the bond to be distributed to the parties as set out above.

I dismiss both parties’ claims for the reimbursement of the filing fee as they were both not wholly successful on their respective claims.

Only the amounts set out above are proved.

Reasons

Both parties attended the hearing.

The material issue is whether the parties had a firm and binding agreement at the material times for the tenancy to commence.

Consequently, I have capped the landlord’s loss to just a week’s rent in the circumstances.

I hereby order the bond to be distributed to the parties as set out above.

I dismiss both parties’ claims for the reimbursement of the filing fee as they were both not wholly successful on their respective claims.

Only the amounts set out above are proved.

Tenancy Tribunal case 5071409 — Tenancy dispute at 19 Repehina Road, Flat Bush, Auckland 2019

At a glance

Claims & awards

Tenancy Tribunal case 5071409 — Tenancy dispute at 19 Repehina Road, Flat Bush, Auckland 2019

At a glance

Claims & awards

Order

Reasons

Topics & place

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Order

Reasons

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Frequently asked questions