What was Tenancy Tribunal case 5083628 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 5083628?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,180.00 awarded to landlord

What type of tenancy dispute was case 5083628?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5083628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11571313-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5083628 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 5083628?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,180.00 awarded to landlord

What type of tenancy dispute was case 5083628?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5083628?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11571313-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5083628 — Rent arrears

Claims and awards in Tenancy Tribunal application 5083628 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 December 2024	$3,180.00	Rent arrears to 23 December 2024
Filing fee	$27.00	Filing fee
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Hamish Keenan, Samantha Rodley, Tori-Lee Brown and Angeline Ong must pay [The landlord/s] $27.00 immediately.
The Bond centre shall pay $3180.00 to the Landlord immediately.

Reasons

Both parties attended the hearing by video. Samantha Rodley appeared on behalf of the Tenants.
The landlord has applied for rent arrears and refund of the bond.
The Tenant has applied for a declaration that the tenancy ended on 25 November 2024.
This was a fixed term tenancy from 5 January 2024 to 25 November 2024. The Tenants decided in October 2024 that they would not transition into a periodic tenancy.
On 8 October 2024, Ms Rodley emailed the Landlord stating: “Just reaching out as our tenancy at 24 Cuba Street is quickly coming to an end. Hamish and I are going to look for a new rental as a couple so ideally 1-2 bedrooms. I was just wondering if you had any available or coming up soon that might be ideal”.
On 9 October 2024, the Landlord responded by sending a link for rental information and stated: “Our letting team should be in touch shortly around the renewal so just let them know you would be moving on”
On 15 November 2024, the Tenant emailed the Landlord seeking confirmation that no further rent was due, as they had already paid one week in advance. In response, the Landlord clarified that rent was still due on 28 November 2024 and would continue to be payable every Thursday thereafter.
The Tenants submitted the tenancy ended on 25 November 2024. They interpreted the Landlord’s response on 9 October 2024 as confirmation that they were ending the tenancy, and therefore proceeded to vacate the property. Although they had not been contacted by the Letting team, the Tenants returned the keys to the Landlord’s office on 25 November 2024.
The Landlord submitted that the Tenants had not clearly communicated their intention to end the fixed-term tenancy, and they had not received confirmation from the other two Tenants. As the Tenants' intent was not clearly conveyed in their email of 8 October 2024, the tenancy automatically converted to a periodic tenancy, with the Landlord accepting the notice to terminate on 25 November 2024. The law
Section 60A(2) of the Residential Tenancies Act 1984 (“the Act”) provides that a fixed term tenancy will not become periodic if either party gives written notice before the expiry saying they do not want to continue the tenancy or a party gives notice before the tenancy expires under section 50(1)(a) to (ac)). Application of the law
The Tenants submitted the email sent on 8 October 2024 was their notice not to continue into a periodic tenancy and the Landlord acknowledged this by telling them to inform the ‘letting team’.
The Landlord submitted that the email sent on 8 October 2024 was not a clear indication of the Tenants' intention to end the fixed-term tenancy. The email was interpreted more as a request to find new rental properties and the Landlord advised the Tenants to let the ‘Letting team’ know. Additionally, the Landlord had not received any notice from the other two tenants confirming that they also did not wish to continue with a periodic tenancy.
In considering the evidence, I find that the Tenants did not clearly express an intention to discontinue the fixed-term tenancy in their email of 8 October 2024. There was also no notice of intention from the other two tenants. This could be interpreted as only the two Tenants leaving the tenancy. The email dated 8 October 2024 also appeared to be a request for information about new rental properties rather than a clear statement of intent to end the tenancy. The language used in the email was ambiguous, as it did not specify a termination date. A more explicit statement that all four Tenants sought to terminate the fixed-term tenancy and not continue with a periodic tenancy, would have been clearer.
The Tenants were also advised to inform the Letting team know they were moving on, which suggests there was a further step in the procedure required to give notice. They could have reached out to the Letting team after not hearing from them.
On 15 November 2024, the Landlord also emailed the Tenant to confirm that rent was due on 28 November 2024, after the termination period, and every Thursday thereafter. This communication clearly indicated that the Landlord was not aware of a notice to end the fixed-term tenancy and was proceeding with the tenancy as a periodic arrangement. The Tenant should have sought clarification then.
For these reasons, I have awarded the Landlord four weeks rent in lieu of the notice period of 28 days. The Tenants application is dismissed.
As the Landlord has wholly succeeded with the claim the Tenants must reimburse the filing fee and name suppression is granted to the Landlord.
As the Tenant has not been successful, name suppression is refused.

Claims and awards in Tenancy Tribunal application 5083628 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 December 2024	$3,180.00	Rent arrears to 23 December 2024
Filing fee	$27.00	Filing fee
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Hamish Keenan, Samantha Rodley, Tori-Lee Brown and Angeline Ong must pay [The landlord/s] $27.00 immediately.
The Bond centre shall pay $3180.00 to the Landlord immediately.

Reasons

Both parties attended the hearing by video. Samantha Rodley appeared on behalf of the Tenants.
The landlord has applied for rent arrears and refund of the bond.
The Tenant has applied for a declaration that the tenancy ended on 25 November 2024.
This was a fixed term tenancy from 5 January 2024 to 25 November 2024. The Tenants decided in October 2024 that they would not transition into a periodic tenancy.
On 8 October 2024, Ms Rodley emailed the Landlord stating: “Just reaching out as our tenancy at 24 Cuba Street is quickly coming to an end. Hamish and I are going to look for a new rental as a couple so ideally 1-2 bedrooms. I was just wondering if you had any available or coming up soon that might be ideal”.
On 9 October 2024, the Landlord responded by sending a link for rental information and stated: “Our letting team should be in touch shortly around the renewal so just let them know you would be moving on”
On 15 November 2024, the Tenant emailed the Landlord seeking confirmation that no further rent was due, as they had already paid one week in advance. In response, the Landlord clarified that rent was still due on 28 November 2024 and would continue to be payable every Thursday thereafter.
The Tenants submitted the tenancy ended on 25 November 2024. They interpreted the Landlord’s response on 9 October 2024 as confirmation that they were ending the tenancy, and therefore proceeded to vacate the property. Although they had not been contacted by the Letting team, the Tenants returned the keys to the Landlord’s office on 25 November 2024.
The Landlord submitted that the Tenants had not clearly communicated their intention to end the fixed-term tenancy, and they had not received confirmation from the other two Tenants. As the Tenants' intent was not clearly conveyed in their email of 8 October 2024, the tenancy automatically converted to a periodic tenancy, with the Landlord accepting the notice to terminate on 25 November 2024. The law
Section 60A(2) of the Residential Tenancies Act 1984 (“the Act”) provides that a fixed term tenancy will not become periodic if either party gives written notice before the expiry saying they do not want to continue the tenancy or a party gives notice before the tenancy expires under section 50(1)(a) to (ac)). Application of the law
The Tenants submitted the email sent on 8 October 2024 was their notice not to continue into a periodic tenancy and the Landlord acknowledged this by telling them to inform the ‘letting team’.
The Landlord submitted that the email sent on 8 October 2024 was not a clear indication of the Tenants' intention to end the fixed-term tenancy. The email was interpreted more as a request to find new rental properties and the Landlord advised the Tenants to let the ‘Letting team’ know. Additionally, the Landlord had not received any notice from the other two tenants confirming that they also did not wish to continue with a periodic tenancy.
In considering the evidence, I find that the Tenants did not clearly express an intention to discontinue the fixed-term tenancy in their email of 8 October 2024. There was also no notice of intention from the other two tenants. This could be interpreted as only the two Tenants leaving the tenancy. The email dated 8 October 2024 also appeared to be a request for information about new rental properties rather than a clear statement of intent to end the tenancy. The language used in the email was ambiguous, as it did not specify a termination date. A more explicit statement that all four Tenants sought to terminate the fixed-term tenancy and not continue with a periodic tenancy, would have been clearer.
The Tenants were also advised to inform the Letting team know they were moving on, which suggests there was a further step in the procedure required to give notice. They could have reached out to the Letting team after not hearing from them.
On 15 November 2024, the Landlord also emailed the Tenant to confirm that rent was due on 28 November 2024, after the termination period, and every Thursday thereafter. This communication clearly indicated that the Landlord was not aware of a notice to end the fixed-term tenancy and was proceeding with the tenancy as a periodic arrangement. The Tenant should have sought clarification then.
For these reasons, I have awarded the Landlord four weeks rent in lieu of the notice period of 28 days. The Tenants application is dismissed.
As the Landlord has wholly succeeded with the claim the Tenants must reimburse the filing fee and name suppression is granted to the Landlord.
As the Tenant has not been successful, name suppression is refused.

Tenancy Tribunal case 5083628 — Rent arrears

At a glance

Tenancy Tribunal case 5083628 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions