How much money was awarded in case 5132911?

Break Lease Cost: $306.13 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,744.29 awarded to landlord

What type of tenancy dispute was case 5132911?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5132911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11677208-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5132911?

Break Lease Cost: $306.13 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,744.29 awarded to landlord

What type of tenancy dispute was case 5132911?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5132911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11677208-Tribunal_Order_Redacted.pdf.

Unit/Flat A, 30 Finlayson Avenue, Clendon Park, Auckland Tenancy Tribunal Case 5132911 — Rent arrears

Q: What was Tenancy Tribunal case 5132911 about?

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

Order

Claims and awards in Tenancy Tribunal application 5132911 — net $1,837.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 November 2024	$4,744.29	Rent arrears to 28 November 2024
Break lease cost	$306.13	Break lease cost
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,837.42
Total payable by Tenant to Landlord	$1,837.42

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

Siaosi Liti and Lesieli Fe'ao must pay [The landlord/s] $1,837.42 immediately, being rent arrears to 28 November 2024.

The Bond Centre is to pay the bond of $3,240.00 ([Bond number suppressed]) to [The landlord/s] immediately.

All remaining claims are dismissed.

Reasons

The landlord attended the hearing by video. One of the tenants, Siaosi Liti, attended the hearing by telephone, but he did not have authority to represent the other tenant, Lesieli Fe’ao. An attempt was made to join Lesieli Fe’ao to the hearing by telephone but there was no answer to the call. The hearing proceeded in her absence.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

This was a fixed term tenancy due to end on 14 February 2025. The tenant had asked to end the tenancy early and the landlord managed to secure a new tenancy which commenced on 29 November 2024. The tenant is liable for the rent up until the end of the fixed term or a new tenancy whichever is the earlier.

The landlord applied for water rates, pest control and cleaning. The landlord did not provide evidence in relation to calculating the tenant’s share for water (there were three properties with separate meters), evidence of the presence of pests or evidence that the premises required cleaning. That evidence should have been provided before the hearing, however I gave the landlord an opportunity to provide the evidence during the hearing. That evidence was not received within time, so I am unable to consider it. Therefore, these claims are dismissed due to a lack of evidence.

The landlord claimed for break lease costs.

A tenancy agreement and any agreement to break the fixed term tenancy are contracts. Generally, the courts (Tribunals) will not interfere with the bargain made between two parties. However, the Residential Tenancies Act prohibits contracting out of the Act and a tenant is not bound by any term of a tenancy agreement that requires a tenant to do more than they would be required to under the Act. (See s11(3) RTA)

The Act says that a landlord can agree to reduce a fixed term tenancy and may recover from the tenant reasonable expenses. Usually this is the cost of finding a new tenant, conducting viewings, credit checks, advertising etc.

When considering what is reasonable, it is important to look at the following factors: a) What were the actual costs incurred? b) What were those costs for- were they for items that the landlord would normally pay for? c) What did the parties agree to as reasonable? d) What is fair and equitable in the circumstances.

I was not provided with any evidence of what costs, if any, were agreed to between the parties. The landlord produced an invoice where the costs are calculated for 860 minutes (more than 14 hours) of time. I consider this to be excessive. There are some activities that should not have been charged to the tenant.

I have awarded $306.13 for break lease costs which I consider reasonable. I have calculated this amount by awarding half of the time claimed by the landlord, adding GST and deducting the extra rent received ($10.00 per week) by the landlord for the period from 29 November 2024 until 14 February 2025.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I have suppressed the landlord’s name.

Claims and awards in Tenancy Tribunal application 5132911 — net $1,837.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 November 2024	$4,744.29	Rent arrears to 28 November 2024
Break lease cost	$306.13	Break lease cost
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,837.42
Total payable by Tenant to Landlord	$1,837.42

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Siaosi Liti and Lesieli Fe'ao must pay [The landlord/s] $1,837.42 immediately, being rent arrears to 28 November 2024.
The Bond Centre is to pay the bond of $3,240.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All remaining claims are dismissed.

Reasons

The landlord attended the hearing by video. One of the tenants, Siaosi Liti, attended the hearing by telephone, but he did not have authority to represent the other tenant, Lesieli Fe’ao. An attempt was made to join Lesieli Fe’ao to the hearing by telephone but there was no answer to the call. The hearing proceeded in her absence.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
This was a fixed term tenancy due to end on 14 February 2025. The tenant had asked to end the tenancy early and the landlord managed to secure a new tenancy which commenced on 29 November 2024. The tenant is liable for the rent up until the end of the fixed term or a new tenancy whichever is the earlier.
The landlord applied for water rates, pest control and cleaning. The landlord did not provide evidence in relation to calculating the tenant’s share for water (there were three properties with separate meters), evidence of the presence of pests or evidence that the premises required cleaning. That evidence should have been provided before the hearing, however I gave the landlord an opportunity to provide the evidence during the hearing. That evidence was not received within time, so I am unable to consider it. Therefore, these claims are dismissed due to a lack of evidence.
The landlord claimed for break lease costs.
A tenancy agreement and any agreement to break the fixed term tenancy are contracts. Generally, the courts (Tribunals) will not interfere with the bargain made between two parties. However, the Residential Tenancies Act prohibits contracting out of the Act and a tenant is not bound by any term of a tenancy agreement that requires a tenant to do more than they would be required to under the Act. (See s11(3) RTA)
The Act says that a landlord can agree to reduce a fixed term tenancy and may recover from the tenant reasonable expenses. Usually this is the cost of finding a new tenant, conducting viewings, credit checks, advertising etc.
When considering what is reasonable, it is important to look at the following factors: a) What were the actual costs incurred? b) What were those costs for- were they for items that the landlord would normally pay for? c) What did the parties agree to as reasonable? d) What is fair and equitable in the circumstances.
I was not provided with any evidence of what costs, if any, were agreed to between the parties. The landlord produced an invoice where the costs are calculated for 860 minutes (more than 14 hours) of time. I consider this to be excessive. There are some activities that should not have been charged to the tenant.
I have awarded $306.13 for break lease costs which I consider reasonable. I have calculated this amount by awarding half of the time claimed by the landlord, adding GST and deducting the extra rent received ($10.00 per week) by the landlord for the period from 29 November 2024 until 14 February 2025.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I have suppressed the landlord’s name.

Tenancy Tribunal case 5132911 — Rent arrears at Unit/Flat A, 30 Finlayson Avenue, Clendon Park, Auckland

At a glance

Tenancy Tribunal case 5132911 — Rent arrears at Unit/Flat A, 30 Finlayson Avenue, Clendon Park, Auckland

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