How much money was awarded in case 5289119?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,080.00 awarded to landlord

What type of tenancy dispute was case 5289119?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5289119?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12312695-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5289119?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,080.00 awarded to landlord

What type of tenancy dispute was case 5289119?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5289119?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12312695-Tribunal_Order_Redacted.pdf.

Unit/Flat 22, 170 Fraser Avenue, Johnsonville, Wellington Tenancy Tribunal Case 5289119 — Rent arrears

Q: What was Tenancy Tribunal case 5289119 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 5289119 — net $1,387.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 June 2025	$4,080.00	Rent arrears to 8 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,387.00
Total payable by Tenant to Landlord	$1,387.00

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

Mariam Rohini Khan and Prakas Watti Nagaiya must pay [The landlord/s] $1,387.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. The Tribunal had the assistance of an interpreter.

Sadly, one of the tenant’s died three weeks ago. I have left her name on the order intentionally just in case the remaining tenant needs an order that establishes the debt.

The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The verbal application at the hearing for the reasonable costs of finding new tenants was not accepted because it would be unfair to the tenant to add claims without proper notice.

How much is owed for rent?

The parties signed a tenancy agreement for a one year fixed term. There is an email dated 7 June where the landlord agreed to end the tenancy from that date. The landlord is claiming rent to 8 June 2025.

The tenant submitted that the tenancy never actually started. They could not move into the tenancy premises for a number of reasons. This was explained to the letting agent. The tenants tried to email the landlord but the email address for service on the tenancy agreement was incorrect. The keys were returned to the agent on 10 May and the tenant at the hearing submitted this should be the end of her responsibility to pay rent. She also asked for the bond to be refunded to her.

I find that the tenancy started on the commencement date given in the tenancy agreement. The fact the tenants did not move in is not conclusive. The tenants owe rent because they signed a legally binding contract.

I find that return of the keys to the agent was not the end of the tenancy. I note the agent had the keys to show other people through the house and the emails show the tenant knew she was still responsible for rent.

The landlord should have taken greater care to ensure the email address for service on the tenancy agreement was correct. However, the agent was still involved at the time and the correct email was provided to the tenants on 10 May, so I do not find there was a disadvantage to the tenants.

I find the tenancy ended on by agreement on 7 June and the landlord is entitled to rent to the end of that rent period, which was 8 June 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The bond should be refunded to the landlord to cover some of the debt. Other orders

A request has been sent to the Bond Centre.

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenants’ names will be published because there is public interest when tenants owe money. See section 95A Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 5289119 — net $1,387.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 June 2025	$4,080.00	Rent arrears to 8 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,387.00
Total payable by Tenant to Landlord	$1,387.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Mariam Rohini Khan and Prakas Watti Nagaiya must pay [The landlord/s] $1,387.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. The Tribunal had the assistance of an interpreter.
Sadly, one of the tenant’s died three weeks ago. I have left her name on the order intentionally just in case the remaining tenant needs an order that establishes the debt.
The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The verbal application at the hearing for the reasonable costs of finding new tenants was not accepted because it would be unfair to the tenant to add claims without proper notice.

How much is owed for rent?

The parties signed a tenancy agreement for a one year fixed term. There is an email dated 7 June where the landlord agreed to end the tenancy from that date. The landlord is claiming rent to 8 June 2025.
The tenant submitted that the tenancy never actually started. They could not move into the tenancy premises for a number of reasons. This was explained to the letting agent. The tenants tried to email the landlord but the email address for service on the tenancy agreement was incorrect. The keys were returned to the agent on 10 May and the tenant at the hearing submitted this should be the end of her responsibility to pay rent. She also asked for the bond to be refunded to her.
I find that the tenancy started on the commencement date given in the tenancy agreement. The fact the tenants did not move in is not conclusive. The tenants owe rent because they signed a legally binding contract.
I find that return of the keys to the agent was not the end of the tenancy. I note the agent had the keys to show other people through the house and the emails show the tenant knew she was still responsible for rent.
The landlord should have taken greater care to ensure the email address for service on the tenancy agreement was correct. However, the agent was still involved at the time and the correct email was provided to the tenants on 10 May, so I do not find there was a disadvantage to the tenants.
I find the tenancy ended on by agreement on 7 June and the landlord is entitled to rent to the end of that rent period, which was 8 June 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The bond should be refunded to the landlord to cover some of the debt. Other orders
A request has been sent to the Bond Centre.
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenants’ names will be published because there is public interest when tenants owe money. See section 95A Residential Tenancies Act 1986.

Tenancy Tribunal case 5289119 — Rent arrears at Unit/Flat 22, 170 Fraser Avenue, Johnsonville, Wellington

At a glance

Tenancy Tribunal case 5289119 — Rent arrears at Unit/Flat 22, 170 Fraser Avenue, Johnsonville, Wellington

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions