How much money was awarded in case 5097248?

Landlord'S Expenses - Early Terminat…: $909.36 awarded to landlord

What type of tenancy dispute was case 5097248?

The dispute type was not classified.

Where can I read the official tribunal order for case 5097248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11710758-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5097248?

Landlord'S Expenses - Early Terminat…: $909.36 awarded to landlord

What type of tenancy dispute was case 5097248?

The dispute type was not classified.

Where can I read the official tribunal order for case 5097248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11710758-Tribunal_Order_Redacted.pdf.

42 Selwyn Crescent, Forrest Hill, Auckland 0620 Tenancy Tribunal Case 5097248 — Tenancy dispute

Q: What was Tenancy Tribunal case 5097248 about?

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

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Order

Claims and awards in Tenancy Tribunal application 5097248 — net $909.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Landlord's expenses - early termination	$909.36	Landlord's expenses - early termination
Net award	$909.36
Bond	$3,160.00
Total payable by Tenant to Landlord	$909.36

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.

[The tenant/s] to pay Home365 Property Management Limited As Agent For Cnz Family Trust $909.36 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,160.00 ([Bond number suppressed]) immediately apportioned as follows: Home365 Property Management Limited As Agent For Cnz Family Trust: $909.36 [The tenant/s]: $2,250.64

Reasons

Both parties attended the remote hearing.

This was a fixed term tenancy to commence on 29 May 2024 with a contractual end date of 29 May 2025.

The tenant did not move into the premises and asked to terminate the tenancy after signing the tenancy agreement but shortly before it was to commence.

The landlord consented to the early termination of the fixed term tenancy.

The landlord promptly arranged for new tenants to rent the premises.

The tenant has applied for a refund of the bond and at the hearing sought a refund of the two weeks rent she has paid in advance.

The landlord seeks payment of expenses incurred from the early termination of the tenancy, to retain the rent paid in advance and payment from the bond. Rent arrears

The tenant paid two weeks rent in advance. The landlord seeks to retain the two weeks rent paid in advance.

The landlord is entitled to rent for the two weeks from the commencement of this tenancy until the end of the tenancy, when the replacement tenancy began.

Accordingly, I do not make any order that the two weeks rent paid in advance is repaid by the landlord. Landlord expenses

Where a landlord consents to the early termination of a fixed term tenancy the landlord is entitled to recover the reasonable costs incurred as a result of the early termination. A landlord who seeks to recover expenses from a tenant must first provide an itemised account of the expenses to the tenant. 1

The landlord has provided an invoice for itemised expenses totalling $1,818.72.

The tenant disputes paying any of the landlord’s expenses.

I do not consider the level of expenses to be reasonable in that it is higher than usually seen in the Tribunal. Having heard from the landlord on this point I consider that the tenant should pay half the expenses claimed, being $909.36 which I consider to be reasonable for the landlord’s expenses in promptly obtaining new tenants for this premises. 1 See Section 44A of the Residential Tenancies Act 1986 Filing fee

Both parties have been partly successful. The ordering reimbursement of one party's filing fee will effectively cancel the other. On that basis I do not make any order for reimbursement of the filing fees. Bond

The bond is to be paid to the parties in accordance with the division set out in the order. Name suppression

The landlord did not seek name suppression.

The tenant applied for name suppression and as she has had substantial success, I make an order for her name to be suppressed.

Order

Claims and awards in Tenancy Tribunal application 5097248 — net $909.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Landlord's expenses - early termination	$909.36	Landlord's expenses - early termination
Net award	$909.36
Bond	$3,160.00
Total payable by Tenant to Landlord	$909.36