What was the outcome of Tenancy Tribunal case 5280036?

The tribunal order states: The Bond Centre is directed to release the bond of $2,933.65 (Bond No.

How much money was awarded in case 5280036?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5280036?

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

Where can I read the official tribunal order for case 5280036?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12294450-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5280036?

The tribunal order states: The Bond Centre is directed to release the bond of $2,933.65 (Bond No.

How much money was awarded in case 5280036?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5280036?

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

Where can I read the official tribunal order for case 5280036?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12294450-Tenancy_Tribunal_Order.pdf.

18 Culver Terrace, Howick, Auckland 2014 Tenancy Tribunal Case 5280036 — Rent arrears

Order

The Bond Centre is directed to release the bond of $2,933.65 (Bond No. 3579851-007) to Sunrise Property Management and Services Limited as Agent for W. Xue and L. Sun, upon receipt of the required documentation to be submitted by the landlord, including a copy of this order.
Garrett Nicholas Peter Davidson is ordered to pay $5,952.82 (“the debt amount”) to Sunrise Property Management and Services Limited as Agent for W. Xue and L. Sun, calculated as follows:

Reasons

Both parties attended the hearing.
The landlord sought orders for rent arrears, compensation for lost keys and water usage charges, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant accepted liability for all items except the claimed rent arrears.
The bond is released in full to the landlord by consent and is appropriate considering the tenant’s outstanding debt

How much is owed for rent and water?

The tenant did not dispute the landlord’s claim for water charges. However, I have only ordered $275.07 as payable, reflecting the last supported record up to 6 June 2025. A higher figure of $335 was referenced in the landlord’s emails up to 14 July, but no additional invoices or meter readings were provided to substantiate this amount.
The landlord submitted rent records. Determination of rent arrears depends on establishing the tenancy termination date.

When did the tenancy terminate?

The landlord issued a 90-day termination notice on 13 June 2025. The tenant claims to have notified the landlord by phone on the same day of his intention to vacate by 30 June 2025. The landlord denies receiving such notice and argues that all termination communications must be in writing. He states that he only became aware of the vacancy during a routine inspection on 14 July.
The Tribunal finds that the tenancy terminated on 1 August 2025, for the following reasons: a. Under section 51 of the Residential Tenancies Act 1986, a tenant must provide at least 21 days’ written notice if vacating earlier than a landlord’s 90-day notice period, unless the landlord agrees in writing to a shorter timeframe. b. The landlord’s termination notice clearly informed the tenant of the need to give 21 days’ notice to leave early. Although the original agreement was fixed-term, the statutory notice obligation still applies. c. If a phone call did occur, I accept the landlord’s evidence that the standard practice would have been to advise the requirement for written notice. The absence of a record of the phone call supports the conclusion that the landlord had not received or understood notice to have been given. d. Rent ceased being paid from 23 May 2025. By 13 June, the rent was more than 21 days in arrears. By notice emailed on 10 July, the landlord advised routine inspection of the property on 14 July and upon inspection then concluded it had been vacated. However, the tenant confirmed departure in an email on 11 July after receipt of notice of the inspection. e. Despite awareness of the vacancy, the landlord did not re-rent the property due to ongoing renovations, which only began up to a week before19 August 2025. f. While the landlord seeks an additional 21 days’ rent from 14 July, I decline to award this. Instead, I accept the premises were abandoned, which was known or ought to have been known by the landlord as of 11 July, and under section 61, the tenant is liable to three weeks’ notice until 1 August 2025.

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

Under section 40(1)(e)(iv) of the Act, tenants must return all keys and security devices at the end of the tenancy.
The tenant failed to return the keys, stating they were lost during the move-in and that he used the digital lock instead. He argued that he posed no security risk. However, landlords are entitled to change locks in such circumstances, regardless of perceived risk.
Although no invoice was provided, the tenant did not dispute the $350.75 amount. I accept the landlord’s verbal evidence and award the claimed amount.

Should I order that the debt is paid in instalments?

The tenant proposed to pay the debt amount to be ordered at $80 per week, which would take over 74 weeks to repay. As this offer was made without knowledge of the final amount, it is more appropriate that repayment terms be negotiated between the parties. Failing agreement, the landlord may seek enforcement, as necessary. Reimbursement of the filing fee
As Sunrise Property Management and Services Limited as Agent for W. Xue and L. Sun has substantially succeeded in its claim, the filing fee is reimbursed.

Order

The Bond Centre is directed to release the bond of $2,933.65 (Bond No. 3579851-007) to Sunrise Property Management and Services Limited as Agent for W. Xue and L. Sun, upon receipt of the required documentation to be submitted by the landlord, including a copy of this order.
Garrett Nicholas Peter Davidson is ordered to pay $5,952.82 (“the debt amount”) to Sunrise Property Management and Services Limited as Agent for W. Xue and L. Sun, calculated as follows:

Reasons

Both parties attended the hearing.
The landlord sought orders for rent arrears, compensation for lost keys and water usage charges, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant accepted liability for all items except the claimed rent arrears.
The bond is released in full to the landlord by consent and is appropriate considering the tenant’s outstanding debt

How much is owed for rent and water?

The tenant did not dispute the landlord’s claim for water charges. However, I have only ordered $275.07 as payable, reflecting the last supported record up to 6 June 2025. A higher figure of $335 was referenced in the landlord’s emails up to 14 July, but no additional invoices or meter readings were provided to substantiate this amount.
The landlord submitted rent records. Determination of rent arrears depends on establishing the tenancy termination date.

When did the tenancy terminate?

The landlord issued a 90-day termination notice on 13 June 2025. The tenant claims to have notified the landlord by phone on the same day of his intention to vacate by 30 June 2025. The landlord denies receiving such notice and argues that all termination communications must be in writing. He states that he only became aware of the vacancy during a routine inspection on 14 July.
The Tribunal finds that the tenancy terminated on 1 August 2025, for the following reasons: a. Under section 51 of the Residential Tenancies Act 1986, a tenant must provide at least 21 days’ written notice if vacating earlier than a landlord’s 90-day notice period, unless the landlord agrees in writing to a shorter timeframe. b. The landlord’s termination notice clearly informed the tenant of the need to give 21 days’ notice to leave early. Although the original agreement was fixed-term, the statutory notice obligation still applies. c. If a phone call did occur, I accept the landlord’s evidence that the standard practice would have been to advise the requirement for written notice. The absence of a record of the phone call supports the conclusion that the landlord had not received or understood notice to have been given. d. Rent ceased being paid from 23 May 2025. By 13 June, the rent was more than 21 days in arrears. By notice emailed on 10 July, the landlord advised routine inspection of the property on 14 July and upon inspection then concluded it had been vacated. However, the tenant confirmed departure in an email on 11 July after receipt of notice of the inspection. e. Despite awareness of the vacancy, the landlord did not re-rent the property due to ongoing renovations, which only began up to a week before19 August 2025. f. While the landlord seeks an additional 21 days’ rent from 14 July, I decline to award this. Instead, I accept the premises were abandoned, which was known or ought to have been known by the landlord as of 11 July, and under section 61, the tenant is liable to three weeks’ notice until 1 August 2025.

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

Under section 40(1)(e)(iv) of the Act, tenants must return all keys and security devices at the end of the tenancy.
The tenant failed to return the keys, stating they were lost during the move-in and that he used the digital lock instead. He argued that he posed no security risk. However, landlords are entitled to change locks in such circumstances, regardless of perceived risk.
Although no invoice was provided, the tenant did not dispute the $350.75 amount. I accept the landlord’s verbal evidence and award the claimed amount.

Should I order that the debt is paid in instalments?

The tenant proposed to pay the debt amount to be ordered at $80 per week, which would take over 74 weeks to repay. As this offer was made without knowledge of the final amount, it is more appropriate that repayment terms be negotiated between the parties. Failing agreement, the landlord may seek enforcement, as necessary. Reimbursement of the filing fee
As Sunrise Property Management and Services Limited as Agent for W. Xue and L. Sun has substantially succeeded in its claim, the filing fee is reimbursed.

Tenancy Tribunal case 5280036 — Rent arrears at 18 Culver Terrace, Howick, Auckland 2014

Tenancy Tribunal case 5280036 — Rent arrears at 18 Culver Terrace, Howick, Auckland 2014

Order

Reasons

How much is owed for rent and water?

When did the tenancy terminate?

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

Should I order that the debt is paid in instalments?

Property management

Order

Reasons

How much is owed for rent and water?

When did the tenancy terminate?

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

Should I order that the debt is paid in instalments?

Property management