How much money was awarded in case 5214639?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,571.43 awarded to landlord

What type of tenancy dispute was case 5214639?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5214639?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11913283-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5214639?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,571.43 awarded to landlord

What type of tenancy dispute was case 5214639?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5214639?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11913283-Tribunal_Order_Redacted.pdf.

Room 1, 9A Heriot Row, Dunedin Central, Dunedin 9016 Tenancy Tribunal Case 5214639 — Rent arrears

Q: What was Tenancy Tribunal case 5214639 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 5214639 — net $798.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29/04/25	$1,571.43	Rent arrears to 29/04/25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$798.43
Total payable by Tenant to Landlord	$798.43

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

The Bond Centre is to pay the bond of $800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Etisoni Vea must pay [The landlord/s] $798.43.

Reasons

Both parties attended the hearing.

The applicant has made an application for rent arrears and termination of the tenancy.

What the applicant told me?

The applicant said that the tenancy had ended, and they were now seeking payment of the rent arrears, the filing fee and refund of the bond.

The applicant told me that this was a fixed term tenancy starting on 22/01/2025 and due to end on 31/12/2025. On 11/03/2025 there was a request by the respondent to end the tenancy and the applicant advised that they would advertise the property on behalf of the respondent.

The applicant told me that the property was advertised on the same day and a new tenancy was commenced on 30/04/2025.

The applicant tells me that they are not seeking any costs for early termination of the fixed term, but they are seeking payment of rent for the period until a new tenant was found on 30/04/25.

The applicant produced the application for the property showing the respondent had selected the box indicating he was looking for a 12-month tenancy and a tenancy agreement showing the respondent had signed up to a fixed term tenancy till 31/12/2025.

What the respondent told me?

The respondent told me that he had a discussion with someone at the applicant’s office before the commencement of the tenancy and he told them that he was just looking for something temporary. He told me that they told him that it would not be an issue if he left early.

The respondent told me that the reason he would not have accepted a fixed term was because he was on the waiting list for social housing and that it was a possibility that a home could be found at any time. He tells me that this is what eventuated, and this was the reason he needed to leave the tenancy before completion of his term.

The applicant offered to produce evidence to show he was being considered for social housing. I did not require this evidence because regardless of what might or might not have been said the written tenancy agreement is for a fixed term. How much rent arrears are owed? Should I require rent to a date earlier than that sought by the applicant?

I have not been required in this case to consider whether there are grounds to end the fixed term because it has already ended. The applicant has immediately advertised the property and re-tenanted it within 7 weeks. Furthermore, the landlord is not seeking any costs in relation to the early termination.

Had I had to consider whether to terminate and found in the respondents favour I would still have required the respondent to cover the rent until the time the property was re-tenanted. I would have considered whether the landlord had taken appropriate steps to mitigate the costs associated with the early termination of the fixed term.

The applicant has taken immediate steps to mitigate the respondent’s potential liability through timely readvertising of the property and re-tenanting it within a reasonable amount of time. I therefore find the rent sought till Tuesday 29 April 2025 is reasonable and payable by the respondent to the applicant. See section 66(2) Residential Tenancies Act 1986. See also Manaena v Positive Asset Mngt Ltd, CIV-2021-085-148, DC Wlg, 31-5-21.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. See section 102(4)(a) RTA 1986

Because [The landlord/s] has wholly succeeded with the claim I have granted their application for suppression. See section 95A(1)

Claims and awards in Tenancy Tribunal application 5214639 — net $798.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29/04/25	$1,571.43	Rent arrears to 29/04/25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$798.43
Total payable by Tenant to Landlord	$798.43

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the applicant’s name and identifying details.
The Bond Centre is to pay the bond of $800.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Etisoni Vea must pay [The landlord/s] $798.43.

Reasons

Both parties attended the hearing.
The applicant has made an application for rent arrears and termination of the tenancy.

What the applicant told me?

The applicant said that the tenancy had ended, and they were now seeking payment of the rent arrears, the filing fee and refund of the bond.
The applicant told me that this was a fixed term tenancy starting on 22/01/2025 and due to end on 31/12/2025. On 11/03/2025 there was a request by the respondent to end the tenancy and the applicant advised that they would advertise the property on behalf of the respondent.
The applicant told me that the property was advertised on the same day and a new tenancy was commenced on 30/04/2025.
The applicant tells me that they are not seeking any costs for early termination of the fixed term, but they are seeking payment of rent for the period until a new tenant was found on 30/04/25.
The applicant produced the application for the property showing the respondent had selected the box indicating he was looking for a 12-month tenancy and a tenancy agreement showing the respondent had signed up to a fixed term tenancy till 31/12/2025.

What the respondent told me?

The respondent told me that he had a discussion with someone at the applicant’s office before the commencement of the tenancy and he told them that he was just looking for something temporary. He told me that they told him that it would not be an issue if he left early.
The respondent told me that the reason he would not have accepted a fixed term was because he was on the waiting list for social housing and that it was a possibility that a home could be found at any time. He tells me that this is what eventuated, and this was the reason he needed to leave the tenancy before completion of his term.
The applicant offered to produce evidence to show he was being considered for social housing. I did not require this evidence because regardless of what might or might not have been said the written tenancy agreement is for a fixed term. How much rent arrears are owed? Should I require rent to a date earlier than that sought by the applicant?
I have not been required in this case to consider whether there are grounds to end the fixed term because it has already ended. The applicant has immediately advertised the property and re-tenanted it within 7 weeks. Furthermore, the landlord is not seeking any costs in relation to the early termination.
Had I had to consider whether to terminate and found in the respondents favour I would still have required the respondent to cover the rent until the time the property was re-tenanted. I would have considered whether the landlord had taken appropriate steps to mitigate the costs associated with the early termination of the fixed term.
The applicant has taken immediate steps to mitigate the respondent’s potential liability through timely readvertising of the property and re-tenanting it within a reasonable amount of time. I therefore find the rent sought till Tuesday 29 April 2025 is reasonable and payable by the respondent to the applicant. See section 66(2) Residential Tenancies Act 1986. See also Manaena v Positive Asset Mngt Ltd, CIV-2021-085-148, DC Wlg, 31-5-21.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. See section 102(4)(a) RTA 1986
Because [The landlord/s] has wholly succeeded with the claim I have granted their application for suppression. See section 95A(1)

Tenancy Tribunal case 5214639 — Rent arrears at Room 1, 9A Heriot Row, Dunedin Central, Dunedin 9016

At a glance

Tenancy Tribunal case 5214639 — Rent arrears at Room 1, 9A Heriot Row, Dunedin Central, Dunedin 9016

At a glance

Award balance

Claims & awards

Order

Reasons

What the applicant told me?

What the respondent told me?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

What the applicant told me?

What the respondent told me?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions