What was Tenancy Tribunal case 5149412 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 5149412?

Cleaning: $207.00 awarded to landlord

What type of tenancy dispute was case 5149412?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5149412?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11466961-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5149412 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 5149412?

Cleaning: $207.00 awarded to landlord

What type of tenancy dispute was case 5149412?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5149412?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11466961-Tribunal_Order_Redacted.pdf.

Unit/Flat 111, 41 Ward Street, Hamilton Central, Hamilton Tenancy Tribunal Case 5149412 — Cleanliness

Claims and awards in Tenancy Tribunal application 5149412 — net $207.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
__________________________________________________________________________________ 51494122 Carpet Cleaning	$207.00	__________________________________________________________________________________ 51494122 Carpet Cleaning
Net award	$207.00
Bond	$1,560.00
Total payable by Tenant to Landlord	$207.00

Order

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 Online Rentals Limited As Agent For Brentwood Hotel Ltd $207.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,560.00 ([Bond number suppressed]) immediately apportioned as follows: Online Rentals Limited As Agent For Brentwood Hotel Ltd: $207.00 [The tenant/s]: $1,353.00
The term of the fixed-term tenancy of [The tenant/s] at Unit/Flat 111, 41 Ward Street, Hamilton Central, Hamilton 3204 ends on 19/12/2024. The tenant is responsible for rent until that date, which is fully paid.
[The tenant/s] must pay Online Rentals Limited As Agent For Brentwood Hotel Ltd $207.00 immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the carpets in a reasonably clean and tidy condition. The evidence establishes that the carpet in the living room was stained during the tenancy and the amount ordered for cleaning/removal of the stain is considered reasonable and proved by the invoice provided.

Is the landlord liable to refund rent pay compensation?

The tenancy was for a fixed term that commenced in February 2024 and was due to run until 21 February 2025.
On 28 September 2024 the tenant asked the landlord if she could assign the lease, as she wanted to leave early (due to a change in her circumstances).
The landlord replied on 30 September 2024 saying that the tenancy could be assigned, provided a suitable replacement tenant was found.
The tenant says she then advertised the property and had open days, which resulted in 7 applicants.
The landlord said the applicants were advised to apply through an online portal supplying references and proof of ability to pay the rent. Two applicants were then credit checked and the one applicant offered the property, declined the offer, and advised they had found somewhere else.
The tenant says the landlord unreasonably rejected 5 of the applicants. The landlord says (on oath) that they replied to all applicants within 4 working days of receiving their application (at most) and the rejections were because the tenancy agreement stipulated only one occupant (some applicants wanted two) or the applicants’ references or confirmation of their ability to pay rent documents, were not suitable. Of the two applicants credit checked, only one then had an acceptable credit record. Unfortunately, that person chose somewhere else.
The relevant law is contained in section 43 and set out below. Assignment of tenancy by tenant Section 43 states that (1) A tenant may, at any time during the tenancy, assign the tenancy— (a) with the prior written consent of the landlord; and (b) in accordance with any reasonable conditions attached to that consent by the landlord If a tenant makes a written request for the landlord’s consent to an assignment and the request identifies, and includes contact details for, the proposed assignee, the landlord must respond in writing to the request within a reasonable period of time. A landlord must not— (a) withhold consent unreasonably; or (b) attach any unreasonable conditions to the consent. A landlord’s consent must not be taken to have been withheld unreasonably if, instead of consenting to an assignment, the landlord offers to accept a surrender of the tenancy on reasonable terms.
I am unable to find the landlord acted unreasonably or without reasonable urgency in attending to the assignment. The timeframes outlined and actions taken, objectively viewed, do not support that finding.
The parties then agreed to break the lease and in early December a suitable replacement tenant was found, and that tenancy commenced 19/12/2024.
There is nothing untoward in that timeframe either.
I am satisfied, having carefully considered the evidence provided that the tenant is liable for the rent until a replacement tenant was found, which she has paid.
The fact the new tenancy is also for a one-year fixed term, and at the same rent, does not support the tenant’s impression that the landlord was really wanting to sell. And thereby extracting the rent for a maximum timeframe until that sale occurred or that the rent was excessively high.
Both parties paid filing fees, both applications had merit and I decline to direct one party reimburse the other.
The landlord did not request name suppression and agreed that it was appropriate for the tenant’s name to be suppressed.

Claims and awards in Tenancy Tribunal application 5149412 — net $207.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
__________________________________________________________________________________ 51494122 Carpet Cleaning	$207.00	__________________________________________________________________________________ 51494122 Carpet Cleaning
Net award	$207.00
Bond	$1,560.00
Total payable by Tenant to Landlord	$207.00

Order

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 Online Rentals Limited As Agent For Brentwood Hotel Ltd $207.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,560.00 ([Bond number suppressed]) immediately apportioned as follows: Online Rentals Limited As Agent For Brentwood Hotel Ltd: $207.00 [The tenant/s]: $1,353.00
The term of the fixed-term tenancy of [The tenant/s] at Unit/Flat 111, 41 Ward Street, Hamilton Central, Hamilton 3204 ends on 19/12/2024. The tenant is responsible for rent until that date, which is fully paid.
[The tenant/s] must pay Online Rentals Limited As Agent For Brentwood Hotel Ltd $207.00 immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the carpets in a reasonably clean and tidy condition. The evidence establishes that the carpet in the living room was stained during the tenancy and the amount ordered for cleaning/removal of the stain is considered reasonable and proved by the invoice provided.

Is the landlord liable to refund rent pay compensation?

The tenancy was for a fixed term that commenced in February 2024 and was due to run until 21 February 2025.
On 28 September 2024 the tenant asked the landlord if she could assign the lease, as she wanted to leave early (due to a change in her circumstances).
The landlord replied on 30 September 2024 saying that the tenancy could be assigned, provided a suitable replacement tenant was found.
The tenant says she then advertised the property and had open days, which resulted in 7 applicants.
The landlord said the applicants were advised to apply through an online portal supplying references and proof of ability to pay the rent. Two applicants were then credit checked and the one applicant offered the property, declined the offer, and advised they had found somewhere else.
The tenant says the landlord unreasonably rejected 5 of the applicants. The landlord says (on oath) that they replied to all applicants within 4 working days of receiving their application (at most) and the rejections were because the tenancy agreement stipulated only one occupant (some applicants wanted two) or the applicants’ references or confirmation of their ability to pay rent documents, were not suitable. Of the two applicants credit checked, only one then had an acceptable credit record. Unfortunately, that person chose somewhere else.
The relevant law is contained in section 43 and set out below. Assignment of tenancy by tenant Section 43 states that (1) A tenant may, at any time during the tenancy, assign the tenancy— (a) with the prior written consent of the landlord; and (b) in accordance with any reasonable conditions attached to that consent by the landlord If a tenant makes a written request for the landlord’s consent to an assignment and the request identifies, and includes contact details for, the proposed assignee, the landlord must respond in writing to the request within a reasonable period of time. A landlord must not— (a) withhold consent unreasonably; or (b) attach any unreasonable conditions to the consent. A landlord’s consent must not be taken to have been withheld unreasonably if, instead of consenting to an assignment, the landlord offers to accept a surrender of the tenancy on reasonable terms.
I am unable to find the landlord acted unreasonably or without reasonable urgency in attending to the assignment. The timeframes outlined and actions taken, objectively viewed, do not support that finding.
The parties then agreed to break the lease and in early December a suitable replacement tenant was found, and that tenancy commenced 19/12/2024.
There is nothing untoward in that timeframe either.
I am satisfied, having carefully considered the evidence provided that the tenant is liable for the rent until a replacement tenant was found, which she has paid.
The fact the new tenancy is also for a one-year fixed term, and at the same rent, does not support the tenant’s impression that the landlord was really wanting to sell. And thereby extracting the rent for a maximum timeframe until that sale occurred or that the rent was excessively high.
Both parties paid filing fees, both applications had merit and I decline to direct one party reimburse the other.
The landlord did not request name suppression and agreed that it was appropriate for the tenant’s name to be suppressed.

Tenancy Tribunal case 5149412 — Cleanliness at Unit/Flat 111, 41 Ward Street, Hamilton Central, Hamilton

At a glance

Tenancy Tribunal case 5149412 — Cleanliness at Unit/Flat 111, 41 Ward Street, Hamilton Central, Hamilton

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the landlord liable to refund rent pay compensation?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Is the landlord liable to refund rent pay compensation?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions