What was Tenancy Tribunal case 5183233 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 5183233?

Landlord Costs: $770.50 awarded to landlord; Less Costs Paid: $465.00 awarded to tenant; Rent Arrears: $1,950.00 awarded to landlord

What type of tenancy dispute was case 5183233?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5183233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11895541-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5183233 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 5183233?

Landlord Costs: $770.50 awarded to landlord; Less Costs Paid: $465.00 awarded to tenant; Rent Arrears: $1,950.00 awarded to landlord

What type of tenancy dispute was case 5183233?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5183233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11895541-Tribunal_Order_Redacted.pdf.

9 Glenarm Avenue, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 5183233 — Rent arrears

Claims and awards in Tenancy Tribunal application 5183233 — net $2,255.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 8 February 2025	$1,950.00		Rent arrears to 8 February 2025
Landlord costs	$770.50		Landlord costs
Less costs paid		$465.00	Less costs paid
Total award	$2,720.50	$465.00
Net award	$2,255.50
Total payable by Tenant to Landlord	$2,255.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at 9 Glenarm Avenue, Mount Roskill, Auckland 1041 is reduced and now ends at 11.59pm, Saturday 8 February 2025.
[The tenant/s] must pay Infinite Property Management Nz Limited Ru Shen $2,720.50 as set out in the table below.
All remaining claims are dismissed.

Reasons

Both parties attended the hearing. The landlord had the assistance of a mandarin interpreter.
The tenant applied to be released from a fixed-term tenancy.
The landlord applied for rent arrears to 2 March 2025, costs associated with finding a new tenant, the difference in the rent from 3 March 2025 until the end of the fixed term (18 January 2026) and exemplary damages. Background
The tenant signed the tenancy agreement on 27 December 2024. The landlord signed the tenancy agreement on 28 December 2024.
The tenancy was to commence on 19 January 2025 and was for a fixed term due to end on 18 January 2026.
On 31 December 2024 the tenant sent a message to the landlord advising that there had been an urgent unavoidable family matter that may affect her decision to move into the house. She asked for her application to be put on hold.
On 3 January 2025 the tenant confirmed that they would not be able to move into the house and asked to withdraw her application.
In response the landlord advised that the tenant would be responsible for one weeks re-letting fee of $650.00, the cost of the Trade Me advertisement ($160.00) and rent from 19 January until a new tenant moves in.
On 23 January 2025 the landlord sent an email to the tenant advising that her rent was behind by $464.30. The tenant paid the landlord $465.00 on 31 January 2025.
The landlord secured a new tenancy which commenced on 3 March 2025. Release from fixed term tenancy
The tenant has applied for reduction of the fixed-term tenancy due to end on 18 January 2026.
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
There has been an unforeseen change in the tenant's circumstances. The unavoidable family matter referred to by the tenant on 31 December 2024 was the hospitalisation of her son following an accident in Sri Lanka. This incident had an impact on the tenant’s finances.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. The tenant’s son was planning to bring money to New Zealand to contribute toward the rent payments.
The landlord would suffer hardship if the term is reduced. While no evidence was produced the landlord said that the owner needed to pay the mortgage.
I find that the tenant’s hardship would be greater than the landlord’s hardship.
Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.
I award compensation of $770.50 to the landlord, allowing for the landlord to spend 6 hours on securing a new tenancy, the Trade Me advertising and the credit checks as set out on the invoice dated 3 March 2025 (plus GST).
I have reduced the term to 8 February 2025 which is 20 days after the tenancy was to commence. The period between 9 February 2025 and 2 March 2025 (the day before the new tenancy) is 21 days, which is what the landlord will be responsible for. Therefore, both parties share almost equally in the period before the new tenancy commenced.
The tenant is responsible for the rent arrears to 8 February 2025 and the compensation awarded to the landlord less the amount that she paid on 31 January 2025.
The landlord applied for the tenant to pay the difference of the rent from the fixed term tenancy ($650.00 per week) and the new tenancy ($580.00 per week) being $70 per week for the period from 3 March 2025 until 18 January 2026.
I have not allowed this claim because the landlord made a business decision to accept the lower rent for this tenancy. I note that the landlord advertised the premises for $630.00 which was also the amount first advertised for this tenancy. Then, as there was insufficient interest for the new tenancy the rent sought was reduced. The tenant had no input into this decision and therefore is not liable for the difference.
The landlord also sought other costs including a re-letting fee (which is prohibited by section 17A of the Residential Tenancies Act 1986), travel costs and time that was not actually spent such as taking photographs and a final inspection and bond refund. I have not allowed these costs as they were either prohibited, not reasonable or not actual costs.
As the parties have both had some success with their applications I make no award for reimbursement of the filing fee. For the same reason I suppress the tenant’s name as sought.

Claims and awards in Tenancy Tribunal application 5183233 — net $2,255.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 8 February 2025	$1,950.00		Rent arrears to 8 February 2025
Landlord costs	$770.50		Landlord costs
Less costs paid		$465.00	Less costs paid
Total award	$2,720.50	$465.00
Net award	$2,255.50
Total payable by Tenant to Landlord	$2,255.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at 9 Glenarm Avenue, Mount Roskill, Auckland 1041 is reduced and now ends at 11.59pm, Saturday 8 February 2025.
[The tenant/s] must pay Infinite Property Management Nz Limited Ru Shen $2,720.50 as set out in the table below.
All remaining claims are dismissed.

Reasons

Both parties attended the hearing. The landlord had the assistance of a mandarin interpreter.
The tenant applied to be released from a fixed-term tenancy.
The landlord applied for rent arrears to 2 March 2025, costs associated with finding a new tenant, the difference in the rent from 3 March 2025 until the end of the fixed term (18 January 2026) and exemplary damages. Background
The tenant signed the tenancy agreement on 27 December 2024. The landlord signed the tenancy agreement on 28 December 2024.
The tenancy was to commence on 19 January 2025 and was for a fixed term due to end on 18 January 2026.
On 31 December 2024 the tenant sent a message to the landlord advising that there had been an urgent unavoidable family matter that may affect her decision to move into the house. She asked for her application to be put on hold.
On 3 January 2025 the tenant confirmed that they would not be able to move into the house and asked to withdraw her application.
In response the landlord advised that the tenant would be responsible for one weeks re-letting fee of $650.00, the cost of the Trade Me advertisement ($160.00) and rent from 19 January until a new tenant moves in.
On 23 January 2025 the landlord sent an email to the tenant advising that her rent was behind by $464.30. The tenant paid the landlord $465.00 on 31 January 2025.
The landlord secured a new tenancy which commenced on 3 March 2025. Release from fixed term tenancy
The tenant has applied for reduction of the fixed-term tenancy due to end on 18 January 2026.
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
There has been an unforeseen change in the tenant's circumstances. The unavoidable family matter referred to by the tenant on 31 December 2024 was the hospitalisation of her son following an accident in Sri Lanka. This incident had an impact on the tenant’s finances.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. The tenant’s son was planning to bring money to New Zealand to contribute toward the rent payments.
The landlord would suffer hardship if the term is reduced. While no evidence was produced the landlord said that the owner needed to pay the mortgage.
I find that the tenant’s hardship would be greater than the landlord’s hardship.
Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.
I award compensation of $770.50 to the landlord, allowing for the landlord to spend 6 hours on securing a new tenancy, the Trade Me advertising and the credit checks as set out on the invoice dated 3 March 2025 (plus GST).
I have reduced the term to 8 February 2025 which is 20 days after the tenancy was to commence. The period between 9 February 2025 and 2 March 2025 (the day before the new tenancy) is 21 days, which is what the landlord will be responsible for. Therefore, both parties share almost equally in the period before the new tenancy commenced.
The tenant is responsible for the rent arrears to 8 February 2025 and the compensation awarded to the landlord less the amount that she paid on 31 January 2025.
The landlord applied for the tenant to pay the difference of the rent from the fixed term tenancy ($650.00 per week) and the new tenancy ($580.00 per week) being $70 per week for the period from 3 March 2025 until 18 January 2026.
I have not allowed this claim because the landlord made a business decision to accept the lower rent for this tenancy. I note that the landlord advertised the premises for $630.00 which was also the amount first advertised for this tenancy. Then, as there was insufficient interest for the new tenancy the rent sought was reduced. The tenant had no input into this decision and therefore is not liable for the difference.
The landlord also sought other costs including a re-letting fee (which is prohibited by section 17A of the Residential Tenancies Act 1986), travel costs and time that was not actually spent such as taking photographs and a final inspection and bond refund. I have not allowed these costs as they were either prohibited, not reasonable or not actual costs.
As the parties have both had some success with their applications I make no award for reimbursement of the filing fee. For the same reason I suppress the tenant’s name as sought.

Tenancy Tribunal case 5183233 — Rent arrears at 9 Glenarm Avenue, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 5183233 — Rent arrears at 9 Glenarm Avenue, Mount Roskill, Auckland 1041

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