What was Tenancy Tribunal case 5204993 about?

The tribunal order states: The Tribunal orders suppression of the Tenants’ names and identifying details.

How much money was awarded in case 5204993?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5204993?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5204993?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12281998-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5204993 about?

The tribunal order states: The Tribunal orders suppression of the Tenants’ names and identifying details.

How much money was awarded in case 5204993?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5204993?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5204993?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12281998-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5204993 — Rent arrears

Tenantcheck Insights

Reasons

A hearing was held on 9 July 2025 by teleconference. Both parties attended. At the start of the hearing, it was noted that the owner’s name had been incorrectly recorded and the record was amended to reflect the correct name.

The tenancy commenced on 29 November 2022 and ended in December 2024. The weekly rent was $395.00, and the bond lodged was $1,095. The tenancy was managed by Cutlers Limited.

The landlord initially sought rent arrears of $868.64, cleaning costs of $258.75, and carpet cleaning costs of $165.00 following the end of the tenancy. At the hearing, the landlord confirmed that only rent arrears were pursued. Landlord’s Position

The landlord claimed rent arrears of $868.64 remained owing to 31 December 2024. The claim was based on a timeline of extensions granted to the tenants. The landlord relied on correspondence from May through December 2024, where extensions to the tenancy were agreed due to scheduled work at the flats and delays with the tenants’ house settlement. The landlord submitted that rent remained payable until 31 December 2024, the date on which the tenants confirmed they would return the keys. Tenants’ Position

The tenants disputed the claim. They submitted that they were only liable for rent up to 23 December 2024. They relied on email exchange where the property manager accepted their proposal that rent would be paid to 23 December, with keys returned later on 31 December 2024 to allow time for cleaning.

The tenants also raised that, by agreement, they deducted $26.50 from their December rent to reimburse electricity costs relating to drying equipment used after blackwater contamination in their unit. This use of power by JAE had previously been acknowledged by the landlord’s property manager in January 2024 and was not disputed.

The tenants further explained that they refunded $395.00 from the bond to cover any rent due, which the landlord later confirmed as received. They considered that this resolved any liability for rent.

Other issues raised by the tenants related to maintenance and property manager conduct, but as no cross-application had been filed, those matters could not be considered in this proceeding. Relevant Law

Under section 40(1) of the Residential Tenancies Act 1986, tenants must pay rent when due. Where rent arrears are claimed, the onus is on the landlord to prove on the balance of probabilities that the rent is owing.

Agreements between the parties about rent liability and reimbursements (such as deductions for power use) are enforceable where clearly established by correspondence or conduct. Analysis and Findings

The key issue is whether rent remained payable after 23 December 2024.

The landlord relied on the timeline of extensions, arguing rent was owed until 31 December 2024. However, I accept the tenants’ evidence, including their 18 December email and the property manager’s confirmation, that rent would only be payable until 23 December. Allowing the tenants to hold the keys until 31 December to complete cleaning did not, on the evidence, create further liability for rent.

I also accept that the $26.50 power reimbursement was properly deducted, as this was consistent with earlier correspondence from the landlord’s property manager acknowledging the tenant’s entitlement. This adjustment further supports that rent through to 23 December 2024 was correctly paid.

The tenants also refunded $395 from the bond to cover any shortfall. The landlord acknowledged this payment. Accordingly, I find that the tenants have discharged their rental obligations, and no further arrears are owing. Conclusion

The landlord has not established the claim for rent arrears. The claim is dismissed.

As the tenants have been successful in defending the claim, and there is no wider public interest in publication, I order suppression of the tenants’ names and identifying details under section 95A of the Act.

Reasons

The tenancy commenced on 29 November 2022 and ended in December 2024. The weekly rent was $395.00, and the bond lodged was $1,095. The tenancy was managed by Cutlers Limited.

Agreements between the parties about rent liability and reimbursements (such as deductions for power use) are enforceable where clearly established by correspondence or conduct. Analysis and Findings

The key issue is whether rent remained payable after 23 December 2024.

The landlord has not established the claim for rent arrears. The claim is dismissed.

Tenancy Tribunal case 5204993 — Rent arrears

At a glance

Tenancy Tribunal case 5204993 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions