What was the outcome of Tenancy Tribunal case 5165863?

The tribunal order states: Melanie Watterson must pay Property Management Wellington Limited

How much money was awarded in case 5165863?

Break Lease Costs: $1,565.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4896261 D…: $4,475.44 awarded to landlord; Property Damage: $50.00 awarded to landlord; Rent Arrears: $4,802.14 awarded to landlord

What type of tenancy dispute was case 5165863?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5165863?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11739023-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5165863?

The tribunal order states: Melanie Watterson must pay Property Management Wellington Limited

How much money was awarded in case 5165863?

Break Lease Costs: $1,565.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4896261 D…: $4,475.44 awarded to landlord; Property Damage: $50.00 awarded to landlord; Rent Arrears: $4,802.14 awarded to landlord

What type of tenancy dispute was case 5165863?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5165863?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11739023-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 129 Tasman Street, Mount Cook, Wellington Tenancy Tribunal Case 5165863 — Rent arrears

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Unit/Flat 1, 129 Tasman Street, Mount Cook, Wellington Tenancy Tribunal Case 5165863 — Rent arrears | 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 5165863 — net $9,704.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,802.14	Rent arrears
Previous order application 4896261 dated 10/10/2024	$4,475.44	Previous order application 4896261 dated 10/10/2024
Lock/key replacement	$50.00	Lock/key replacement
Break lease costs	$1,565.00	Break lease costs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,704.58
Total payable by Tenant to Landlord	$9,704.58

Claims and awards for application 5165863 — net $9,704.58 NZD. Verify on MoJ.

Rent arrears

Amount: $4,802.14
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4896261 dated 10/10/2024

Amount: $4,475.44
Awarded to: Landlord
Reason: Previous order application 4896261 dated 10/10/2024

Lock/key replacement

Amount: $50.00
Awarded to: Landlord
Reason: Lock/key replacement

Break lease costs

Amount: $1,565.00
Awarded to: Landlord
Reason: Break lease costs

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Melanie Watterson must pay Property Management Wellington Limited $9,704.58 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 10 October 2024 under applications 4896261 and 4969958.
The Bond Centre is to pay the bond of $1,215.00 (3007190-008) to Property Management Wellington Limited immediately.
All other applications are dismissed.

Reasons

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

How much is owed for rent?

The tenancy ended on 31 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $9,257.14 (which included the rent arrears order previously made by the Tribunal).

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

At the end of the tenancy the tenant must return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”).
The tenant did not return the keys. The landlord provided an invoice for $50.00.
This was a fixed term tenancy due to end on 22 February 2026. Where a landlord consents to an early termination of a tenancy, the landlord is entitled to recover from the outgoing tenant any expenses reasonably incurred in relation with the surrender of the contract ( see s.44 RTA). The landlord provided an invoice for break lease costs of $1,565.00. This included 22 separate property viewings.
The amounts ordered are proved.
The landlord applied for exemplary damages, for what the landlord indicated was a breach of an enforceable undertaking by the tenant. The landlord said that the tenant's failure to comply with the Tribunal’s order dated 10 October 2024 amounted to such a breach.
Section 126 N RTA provides that “the chief executive and a party to a tenancy may agree in writing that the party will undertake by a specified date [an enforceable undertaking] to” carry out certain actions, which includes the payment of money to another party.
“Chief Executive” is defined in the RTA as being the chief executive of the Ministry of Housing and Urban Development.
No agreement in writing has been entered into by the tenant and the chief executive, that the tenant will undertake to pay money owed to the landlord by a specified date. An order of the Tribunal for a party to pay money to another party does not amount to an enforceable undertaking as defined in the RTA. The application for exemplary damages by the landlord is dismissed.
On 10 October 2024, the Tribunal made an order relating to this tenancy, for rent arrears to 9 October 2024 and the filing fee. The previous order is incorporated into this order for enforcement purposes.
As Property Management Wellington Limited has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

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 5165863 — net $9,704.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,802.14	Rent arrears
Previous order application 4896261 dated 10/10/2024	$4,475.44	Previous order application 4896261 dated 10/10/2024
Lock/key replacement	$50.00	Lock/key replacement
Break lease costs	$1,565.00	Break lease costs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,704.58
Total payable by Tenant to Landlord	$9,704.58

Claims and awards for application 5165863 — net $9,704.58 NZD. Verify on MoJ.

Rent arrears

Amount: $4,802.14
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4896261 dated 10/10/2024

Amount: $4,475.44
Awarded to: Landlord
Reason: Previous order application 4896261 dated 10/10/2024

Lock/key replacement

Amount: $50.00
Awarded to: Landlord
Reason: Lock/key replacement

Break lease costs

Amount: $1,565.00
Awarded to: Landlord
Reason: Break lease costs

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Melanie Watterson must pay Property Management Wellington Limited $9,704.58 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 10 October 2024 under applications 4896261 and 4969958.
The Bond Centre is to pay the bond of $1,215.00 (3007190-008) to Property Management Wellington Limited immediately.
All other applications are dismissed.

Reasons

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

How much is owed for rent?

The tenancy ended on 31 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $9,257.14 (which included the rent arrears order previously made by the Tribunal).

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

At the end of the tenancy the tenant must return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”).
The tenant did not return the keys. The landlord provided an invoice for $50.00.
This was a fixed term tenancy due to end on 22 February 2026. Where a landlord consents to an early termination of a tenancy, the landlord is entitled to recover from the outgoing tenant any expenses reasonably incurred in relation with the surrender of the contract ( see s.44 RTA). The landlord provided an invoice for break lease costs of $1,565.00. This included 22 separate property viewings.
The amounts ordered are proved.
The landlord applied for exemplary damages, for what the landlord indicated was a breach of an enforceable undertaking by the tenant. The landlord said that the tenant's failure to comply with the Tribunal’s order dated 10 October 2024 amounted to such a breach.
Section 126 N RTA provides that “the chief executive and a party to a tenancy may agree in writing that the party will undertake by a specified date [an enforceable undertaking] to” carry out certain actions, which includes the payment of money to another party.
“Chief Executive” is defined in the RTA as being the chief executive of the Ministry of Housing and Urban Development.
No agreement in writing has been entered into by the tenant and the chief executive, that the tenant will undertake to pay money owed to the landlord by a specified date. An order of the Tribunal for a party to pay money to another party does not amount to an enforceable undertaking as defined in the RTA. The application for exemplary damages by the landlord is dismissed.
On 10 October 2024, the Tribunal made an order relating to this tenancy, for rent arrears to 9 October 2024 and the filing fee. The previous order is incorporated into this order for enforcement purposes.
As Property Management Wellington Limited has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 5165863 — Rent arrears at Unit/Flat 1, 129 Tasman Street, Mount Cook, Wellington

At a glance

Tenancy Tribunal case 5165863 — Rent arrears at Unit/Flat 1, 129 Tasman Street, Mount Cook, Wellington

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions