What was Tenancy Tribunal case 5122869 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 5122869?

Filing Fee: $27.00 awarded to landlord; Lost Rent: $2,671.43 awarded to landlord

What type of tenancy dispute was case 5122869?

The primary dispute was Lost Rent.

Where can I read the official tribunal order for case 5122869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11511931-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5122869 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 5122869?

Filing Fee: $27.00 awarded to landlord; Lost Rent: $2,671.43 awarded to landlord

What type of tenancy dispute was case 5122869?

The primary dispute was Lost Rent.

Where can I read the official tribunal order for case 5122869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11511931-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5122869 — Lost Rent

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New Zealand Tenancy Tribunal Case 5122869 — Lost Rent | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5122869 — net $2,698.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation for lost rent under fixed contract	$2,671.43	Compensation for lost rent under fixed contract
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,698.43
Total payable by Tenant to Landlord	$2,698.43

Claims and awards for application 5122869 — net $2,698.43 NZD. Verify on MoJ.

Compensation for lost rent under fixed contract

Amount: $2,671.43
Awarded to: Landlord
Reason: Compensation for lost rent under fixed contract

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,698.43

Total payable by Tenant to Landlord

Landlord $2,698.43

Claim types — money lines allowed on this order

Filing Fee Lost Rent

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Gulzhigit Akyshov and Azat Nurlanovich Dzhenaliev must pay [The landlord/s] $2,698.43 immediately, calculated as shown in table below:

Reasons

The landlord’s agent attended the hearing by video conference.
I telephoned the numbers for the tenants however both were disconnected. The landlord advises that it is likely the tenants are now overseas.
I continued the hearing as they have been emailed notice of the hearing date and time and have not contacted the Tribunal to request an adjournment or provide alternative contact details.
The landlord has applied for lost rent under a fixed term contract.

Are the tenants liable to compensate the landlord for rent lost under the contract?

The tenants entered into a tenancy agreement with the landlord to rent the premises for a fixed term starting from 27 December 2024 until 27 August 2025. The agreement was signed on 4 December 2024.
A fixed term agreement is a binding contract. It is a promise by tenants to pay rent for the full term and by a landlord to not terminate the tenancy before the end date.
On 20 December 2024, the tenants emailed the landlord to say that they had been made redundant from their employment and would be unable to rent the premises after all.
They also said they may have no option but to leave New Zealand. The landlord understands both tenants were on temporary work visas.
The tenants did not move in and have not paid any rent or bond.
The landlord gave oral evidence that it readvertised the property and secured replacement tenants from 18 January 2025.
It now seeks compensation for lost rent under this fixed term contract of $2,671.43 as proven by the rent records.
The law does allow a tenant to apply to the Tribunal to have a fixed term contract reduced or ended early if there are unforeseen circumstances and they will suffer severe hardship greater than the landlord’s hardship; see section 66 Residential Tenancies Act 1986 (RTA).
I have not considered the circumstances in this case because the tenants have not made this application.
Even if I had considered it, the law also says the Tribunal may grant reasonable compensation to cover any loss; s66(2) RTA.
I accept that the tenants were unexpectedly made redundant. They did not set out to breach the contract.
However, the circumstances were also unforeseen by the landlord and have caused it to lose rent. It is reasonable to compensate the landlord for its loss.
The fact that the tenants have not paid any rent or bond yet does not mean the contract is not binding. The action of signing the contract is enough. The landlord relied on this and reserved the property for the tenants.
I award the claim for lost rent of $2,671.43 and the filing fee.
The landlord is entitled to suppression of name, as sought.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5122869 — net $2,698.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation for lost rent under fixed contract	$2,671.43	Compensation for lost rent under fixed contract
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,698.43
Total payable by Tenant to Landlord	$2,698.43

Claims and awards for application 5122869 — net $2,698.43 NZD. Verify on MoJ.

Compensation for lost rent under fixed contract

Amount: $2,671.43
Awarded to: Landlord
Reason: Compensation for lost rent under fixed contract

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,698.43

Total payable by Tenant to Landlord

Landlord $2,698.43

Claim types — money lines allowed on this order

Filing Fee Lost Rent

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Gulzhigit Akyshov and Azat Nurlanovich Dzhenaliev must pay [The landlord/s] $2,698.43 immediately, calculated as shown in table below:

Reasons

The landlord’s agent attended the hearing by video conference.
I telephoned the numbers for the tenants however both were disconnected. The landlord advises that it is likely the tenants are now overseas.
I continued the hearing as they have been emailed notice of the hearing date and time and have not contacted the Tribunal to request an adjournment or provide alternative contact details.
The landlord has applied for lost rent under a fixed term contract.

Are the tenants liable to compensate the landlord for rent lost under the contract?

The tenants entered into a tenancy agreement with the landlord to rent the premises for a fixed term starting from 27 December 2024 until 27 August 2025. The agreement was signed on 4 December 2024.
A fixed term agreement is a binding contract. It is a promise by tenants to pay rent for the full term and by a landlord to not terminate the tenancy before the end date.
On 20 December 2024, the tenants emailed the landlord to say that they had been made redundant from their employment and would be unable to rent the premises after all.
They also said they may have no option but to leave New Zealand. The landlord understands both tenants were on temporary work visas.
The tenants did not move in and have not paid any rent or bond.
The landlord gave oral evidence that it readvertised the property and secured replacement tenants from 18 January 2025.
It now seeks compensation for lost rent under this fixed term contract of $2,671.43 as proven by the rent records.
The law does allow a tenant to apply to the Tribunal to have a fixed term contract reduced or ended early if there are unforeseen circumstances and they will suffer severe hardship greater than the landlord’s hardship; see section 66 Residential Tenancies Act 1986 (RTA).
I have not considered the circumstances in this case because the tenants have not made this application.
Even if I had considered it, the law also says the Tribunal may grant reasonable compensation to cover any loss; s66(2) RTA.
I accept that the tenants were unexpectedly made redundant. They did not set out to breach the contract.
However, the circumstances were also unforeseen by the landlord and have caused it to lose rent. It is reasonable to compensate the landlord for its loss.
The fact that the tenants have not paid any rent or bond yet does not mean the contract is not binding. The action of signing the contract is enough. The landlord relied on this and reserved the property for the tenants.
I award the claim for lost rent of $2,671.43 and the filing fee.
The landlord is entitled to suppression of name, as sought.

Tenancy Tribunal case 5122869 — Lost Rent

At a glance

Tenancy Tribunal case 5122869 — Lost Rent

At a glance

Award balance

Claims & awards

Order

Reasons

Are the tenants liable to compensate the landlord for rent lost under the contract?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Are the tenants liable to compensate the landlord for rent lost under the contract?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions