What was Tenancy Tribunal case 5073808 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 5073808?

Break Fee To End Fixed Term Tenancy: $575.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Furniture Removal: $178.25 awarded to landlord; Rent Arrears: $877.14 awarded to landlord

What type of tenancy dispute was case 5073808?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5073808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11516451-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5073808 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 5073808?

Break Fee To End Fixed Term Tenancy: $575.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Furniture Removal: $178.25 awarded to landlord; Rent Arrears: $877.14 awarded to landlord

What type of tenancy dispute was case 5073808?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5073808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11516451-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5073808 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5073808 — net $1,657.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 Aug 2024	$877.14	Rent arrears to 7 Aug 2024
Furniture removal	$178.25	Furniture removal
Break fee to end fixed term tenancy	$575.00	Break fee to end fixed term tenancy
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,657.39
Total payable by Tenant to Landlord	$1,657.39

The first tenant and the landlord attended the hearing. A call to Mr Lennox Samuels at his last known mobile number went to voicemail.

The tenancy commenced 24 February 2024 and was for a fixed-term ending 23 February 2025. However, the tenants’ sought an early end to the fixed-term tenancy, and it was agreed the tenancy would end on 7 August 2024.

Following the end of the tenancy, the landlord received the bond of $2,360 on 5 September 2024, in partial payment of rent arrears.

The landlord has applied to the Tenancy Tribunal for rent arrears (after application of the bond), compensation for breaking the fixed term tenancy early and removal of furniture, and also reimbursement of the filing fee.

The first tenant accepts the tenants are liable for the amounts sought. The first tenant wished to convey his apologies to the landlord and stated he had tried his best to make payments but was unable to once the second tenant moved out.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the end of the tenancy less the bond refund. The first tenant accepts the amount sought in rent is owing.

I make an order accordingly.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must quit the premises and remove all his or her goods from the premises. See section 40(1)(e)(i)-(ii) Residential Tenancies Act 1986.

The first tenant accepts the tenants left two armchairs in the premises which the landlord disposed of. The landlord has provided an invoice showing the cost of removing two armchairs was $178.25.

I make an order accordingly.

Is the tenant responsible for the costs of breaking a fixed term tenancy?

It was not in dispute that, when the tenants requested an early end to the fixed- term tenancy, the landlord consented to the tenancy coming to an end on the basis the tenants would be liable for the cost of advertising for new tenants and completing reference and credit checks (among other administrative tasks).

The first tenant accepts the tenants are liable to pay $575 for those costs.

I make an order accordingly.

Should the tenants reimburse the landlord for the filing fee?

Given the landlord has wholly succeeded with the claim the tenants must reimburse the filing fee. Name suppression

At the hearing, I raised the issue of name suppression, which had not been sought by either party. Both parties present confirmed they sought suppression of their own names. The landlord observed that he was grateful for the first tenant attending the hearing and expressed that he did not wish for the first tenant to be affected in the future.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name and/or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. See s 95A of the Residential Tenancies Act 1986 (RTA).

As the landlord’s application was successful, the landlord is entitled to name suppression and I make the order accordingly.

I also consider suppression of the first tenant’s name is appropriate. I do not consider publication would be in the public interest, nor is it justified because of the party’s conduct. While the first tenant is liable for the debt (jointly and severally with the second tenant), I accept this is largely due to the circumstances created by the second tenant moving out.

Mr Lennox Samuels was not present at the hearing. Given I have not received any application by him seeking suppression, or any reasons in support, I do not make an order suppressing his name.

Claims and awards in Tenancy Tribunal application 5073808 — net $1,657.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 Aug 2024	$877.14	Rent arrears to 7 Aug 2024
Furniture removal	$178.25	Furniture removal
Break fee to end fixed term tenancy	$575.00	Break fee to end fixed term tenancy
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,657.39
Total payable by Tenant to Landlord	$1,657.39

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and first tenant’s name and identifying details.
[The First Tenant] and Lennox Samuels must pay [The landlord/s] $1,657.39 immediately, calculated as shown in table below.

Reasons

The first tenant and the landlord attended the hearing. A call to Mr Lennox Samuels at his last known mobile number went to voicemail.
The tenancy commenced 24 February 2024 and was for a fixed-term ending 23 February 2025. However, the tenants’ sought an early end to the fixed-term tenancy, and it was agreed the tenancy would end on 7 August 2024.
Following the end of the tenancy, the landlord received the bond of $2,360 on 5 September 2024, in partial payment of rent arrears.
The landlord has applied to the Tenancy Tribunal for rent arrears (after application of the bond), compensation for breaking the fixed term tenancy early and removal of furniture, and also reimbursement of the filing fee.
The first tenant accepts the tenants are liable for the amounts sought. The first tenant wished to convey his apologies to the landlord and stated he had tried his best to make payments but was unable to once the second tenant moved out.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the end of the tenancy less the bond refund. The first tenant accepts the amount sought in rent is owing.
I make an order accordingly.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must quit the premises and remove all his or her goods from the premises. See section 40(1)(e)(i)-(ii) Residential Tenancies Act 1986.
The first tenant accepts the tenants left two armchairs in the premises which the landlord disposed of. The landlord has provided an invoice showing the cost of removing two armchairs was $178.25.
I make an order accordingly.

Is the tenant responsible for the costs of breaking a fixed term tenancy?

It was not in dispute that, when the tenants requested an early end to the fixed- term tenancy, the landlord consented to the tenancy coming to an end on the basis the tenants would be liable for the cost of advertising for new tenants and completing reference and credit checks (among other administrative tasks).
The first tenant accepts the tenants are liable to pay $575 for those costs.
I make an order accordingly.

Should the tenants reimburse the landlord for the filing fee?

Given the landlord has wholly succeeded with the claim the tenants must reimburse the filing fee. Name suppression
At the hearing, I raised the issue of name suppression, which had not been sought by either party. Both parties present confirmed they sought suppression of their own names. The landlord observed that he was grateful for the first tenant attending the hearing and expressed that he did not wish for the first tenant to be affected in the future.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name and/or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. See s 95A of the Residential Tenancies Act 1986 (RTA).
As the landlord’s application was successful, the landlord is entitled to name suppression and I make the order accordingly.
I also consider suppression of the first tenant’s name is appropriate. I do not consider publication would be in the public interest, nor is it justified because of the party’s conduct. While the first tenant is liable for the debt (jointly and severally with the second tenant), I accept this is largely due to the circumstances created by the second tenant moving out.
Mr Lennox Samuels was not present at the hearing. Given I have not received any application by him seeking suppression, or any reasons in support, I do not make an order suppressing his name.

Tenancy Tribunal case 5073808 — Rent arrears

At a glance

Tenancy Tribunal case 5073808 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the costs of breaking a fixed term tenancy?

Should the tenants reimburse the landlord for the filing fee?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the costs of breaking a fixed term tenancy?

Should the tenants reimburse the landlord for the filing fee?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions