How much money was awarded in case 5248296?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,457.14 awarded to landlord; Water Rates: $7.89 awarded to landlord

What type of tenancy dispute was case 5248296?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5248296?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12155822-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5248296?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,457.14 awarded to landlord; Water Rates: $7.89 awarded to landlord

What type of tenancy dispute was case 5248296?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5248296?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12155822-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5248296 — Rent arrears

Q: What was Tenancy Tribunal case 5248296 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 5248296 — net $1,492.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 March 2025	$1,457.14	Rent arrears to 7 March 2025
Water rates to 14 February 2025	$7.89	3. The landlord has applied for rent and water rates arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,492.03
Bond	$2,200.00
Total payable by Tenant to Landlord	$1,492.03

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

David Hepburn to pay [The landlord] $1,492.03 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord]: $1,492.03 David Hepburn: $707.97

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for rent and water rates arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates arrears?

In June 2024, the parties agreed to extend the original 12-month fixed term lease for a further 7 months. The extension went from 17 June 2024 to 18 February 2025.

On 26 September 2024, the tenant emailed the landlord the following: “I am aware that I have signed an agreement through 18 Feb for above property. I have had to move to the UK for work and will not be using the property. Would it be possible to give notice on the property, then allowing you guys to market, and if a new tenant is found prior to Feb perhaps the landlord will allow me to exit this agreement?”

The landlord replied on 27 September 2024 as follows: Exciting news! Scott has taken over management of the property so he will handle this with you. We can find you a replacement tenant, no problem. You will just have to pay the letting fee and cost of marketing. You are going to need to pay rent until we find your replacement. I think given the location, that should not be an issue.”

The landlord says the tenant continued to live in the premise until 18 February 2025. His belongings remained in the property, power connected to the property and the water consumption charges also show he continued to live at the property. As such, the landlord knew that the tenant had not already moved to the UK for work and was clearly still using the property. This was in direct conflict with the contents of the tenant’s 26 September 2024 email to the landlord. Additionally, the tenant did not respond to the landlord’s 27 September 2024 email confirming that he wanted them to start marketing the property and that he would accept the break lease fees.

The landlord therefore had not started marketing the property as it was unaware that the tenant intended to vacate the premise on 18 February 2025, until it received the tenant’s email giving notice on 11 February 2025. In this email, the tenant relies on his 26 September 2024 email as the giving of notice and the landlords 27 September 224 email as acceptance of that notice. I do not agree that the tenant’s 26 September 2024 email gives notice nor that the landlord’s response accepts notice. Both emails indicate the tenant is no longer living in the premise and the landlord accepts that if he has already vacated it will market the property if he accepts the costs associated with ending the fixed term tenancy early. After that, there is no clear communications from the tenant that explains why he continues to live in the property and remains in New Zealand. Therefore, until the landlord had confirmation it was required to start advertising the property and the tenant had agreed to pay the early release cost, it did not take any action to re-rent the property. The tenant did not question this or follow up to confirm that he was still intending not to continue renting the premise after the end of the lease.

For all the reasons above, I find that the tenant is liable for the rent until the date the new tenant moved into the premise, being 8 March 2025.

The tenancy ended on 7 March 2025. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy. Reimbursement of filing fee

Because [The applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

The landlord applies for non-publication of its name and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord has wholly succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.

Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 5248296 — net $1,492.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 March 2025	$1,457.14	Rent arrears to 7 March 2025
Water rates to 14 February 2025	$7.89	3. The landlord has applied for rent and water rates arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,492.03
Bond	$2,200.00
Total payable by Tenant to Landlord	$1,492.03

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
David Hepburn to pay [The landlord] $1,492.03 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord]: $1,492.03 David Hepburn: $707.97

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent and water rates arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates arrears?

In June 2024, the parties agreed to extend the original 12-month fixed term lease for a further 7 months. The extension went from 17 June 2024 to 18 February 2025.
On 26 September 2024, the tenant emailed the landlord the following: “I am aware that I have signed an agreement through 18 Feb for above property. I have had to move to the UK for work and will not be using the property. Would it be possible to give notice on the property, then allowing you guys to market, and if a new tenant is found prior to Feb perhaps the landlord will allow me to exit this agreement?”
The landlord replied on 27 September 2024 as follows: Exciting news! Scott has taken over management of the property so he will handle this with you. We can find you a replacement tenant, no problem. You will just have to pay the letting fee and cost of marketing. You are going to need to pay rent until we find your replacement. I think given the location, that should not be an issue.”
The landlord says the tenant continued to live in the premise until 18 February 2025. His belongings remained in the property, power connected to the property and the water consumption charges also show he continued to live at the property. As such, the landlord knew that the tenant had not already moved to the UK for work and was clearly still using the property. This was in direct conflict with the contents of the tenant’s 26 September 2024 email to the landlord. Additionally, the tenant did not respond to the landlord’s 27 September 2024 email confirming that he wanted them to start marketing the property and that he would accept the break lease fees.
The landlord therefore had not started marketing the property as it was unaware that the tenant intended to vacate the premise on 18 February 2025, until it received the tenant’s email giving notice on 11 February 2025. In this email, the tenant relies on his 26 September 2024 email as the giving of notice and the landlords 27 September 224 email as acceptance of that notice. I do not agree that the tenant’s 26 September 2024 email gives notice nor that the landlord’s response accepts notice. Both emails indicate the tenant is no longer living in the premise and the landlord accepts that if he has already vacated it will market the property if he accepts the costs associated with ending the fixed term tenancy early. After that, there is no clear communications from the tenant that explains why he continues to live in the property and remains in New Zealand. Therefore, until the landlord had confirmation it was required to start advertising the property and the tenant had agreed to pay the early release cost, it did not take any action to re-rent the property. The tenant did not question this or follow up to confirm that he was still intending not to continue renting the premise after the end of the lease.
For all the reasons above, I find that the tenant is liable for the rent until the date the new tenant moved into the premise, being 8 March 2025.
The tenancy ended on 7 March 2025. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy. Reimbursement of filing fee
Because [The applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has wholly succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 5248296 — Rent arrears

At a glance

Tenancy Tribunal case 5248296 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions