What was Tenancy Tribunal case 5301221 about?

The tribunal order states: No suppression orders apply to the publication of this decision.

How much money was awarded in case 5301221?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5301221?

The dispute type was not classified.

Where can I read the official tribunal order for case 5301221?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12385527-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5301221 about?

The tribunal order states: No suppression orders apply to the publication of this decision.

How much money was awarded in case 5301221?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5301221?

The dispute type was not classified.

Where can I read the official tribunal order for case 5301221?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12385527-Tenancy_Tribunal_Order.pdf.

20 Victoria Road, New Plymouth, New Plymouth 4310 Tenancy Tribunal Case 5301221 — Tenancy dispute

Order

No suppression orders apply to the publication of this decision.
The Bond Centre is to pay the bond of $2,120.00 (3173256-005) to [The tenant/s] tenant/s] immediately.
The tenant’s claim for compensation for the landlord not agreeing a shorter notice period and conduct around a final inspection after the tenancy had ended is dismissed.

Reasons

Both parties attended the hearing.
The landlord attended by telephone as she lives out of the area and the matters before the Tribunal today are not extensive. Refund of the bond
The tenant has applied for refund of the bond. The landlord has a claim against the bond, but has not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 (RTA) provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim.
Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant. Claim for compensation
The tenant also claims compensation of $1060. The tenant says this is claimed because the landlord did not let him leave his tenancy early and did not allow him early access when it came to a final inspection and there was a lack of a proper final inspection.
There is nothing to suggest this is anything other than a periodic tenancy. Section 51(2A) RTA provides that a tenant may terminate a periodic tenancy in any case by giving at least 21 days’ notice.
The tenant wanted to leave the property and end the tenancy by giving 1 week notice. He gave notice to the landlord in an email dated 22 April advising “My last day here will be the 30 April 2025”. The landlord replied advising that she did not accept this and advised the tenant that she would accept only the required 21 days’ notice. On 27 April 2025 the tenant then sent a new notice setting out that his last day would be Sunday 18 May 2025.
I am not satisfied that in not being willing to accept a tenant’s shorter notice period the landlord has breached any provision of the RTA. A landlord is entitled to at least 21 days notice to terminate a periodic tenancy (unless the parties mutually agree otherwise). This part of the claim is therefore dismissed.
The tenant also says that on 19 May 2025 there was a final inspection with both parties at the property. This was after the tenancy had ended. The tenant says it was not a proper final inspection for example, there was no check list. The tenant was also frustrated he wasn’t allowed in the property before the agreed time.
The tenant was unable to identify a relevant provision within the RTA that would establish such conduct as a breach. I am not satisfied that the tenant has proven a breach of the RTA in respect of this conduct. As explained at the hearing there is no obligation on a landlord to allow a tenant back into a property once a tenancy has ended. A final inspection with both parties present is often prudent but is not obligatory. Filing fee and suppression
I decline to award reimbursement of the filing fee as the tenant has only been successful in relation to part of the claim.
Neither party made an application for suppression of their identifying details so this is not ordered. Had it been requested, neither party has been substantially successful, and I see no other reason to make such an order so I would not have awarded suppression in this case in any event (see section 95A RTA).

Order

No suppression orders apply to the publication of this decision.

The Bond Centre is to pay the bond of $2,120.00 (3173256-005) to [The tenant/s] tenant/s] immediately.

The tenant’s claim for compensation for the landlord not agreeing a shorter notice period and conduct around a final inspection after the tenancy had ended is dismissed.

Reasons

Both parties attended the hearing.

The landlord attended by telephone as she lives out of the area and the matters before the Tribunal today are not extensive. Refund of the bond

The tenant has applied for refund of the bond. The landlord has a claim against the bond, but has not filed a counterclaim with Tenancy Services.

Section 22B(2) Residential Tenancies Act 1986 (RTA) provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim.

Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant. Claim for compensation

The tenant also claims compensation of $1060. The tenant says this is claimed because the landlord did not let him leave his tenancy early and did not allow him early access when it came to a final inspection and there was a lack of a proper final inspection.

There is nothing to suggest this is anything other than a periodic tenancy. Section 51(2A) RTA provides that a tenant may terminate a periodic tenancy in any case by giving at least 21 days’ notice.

The tenant wanted to leave the property and end the tenancy by giving 1 week notice. He gave notice to the landlord in an email dated 22 April advising “My last day here will be the 30 April 2025”. The landlord replied advising that she did not accept this and advised the tenant that she would accept only the required 21 days’ notice. On 27 April 2025 the tenant then sent a new notice setting out that his last day would be Sunday 18 May 2025.

I am not satisfied that in not being willing to accept a tenant’s shorter notice period the landlord has breached any provision of the RTA. A landlord is entitled to at least 21 days notice to terminate a periodic tenancy (unless the parties mutually agree otherwise). This part of the claim is therefore dismissed.

The tenant also says that on 19 May 2025 there was a final inspection with both parties at the property. This was after the tenancy had ended. The tenant says it was not a proper final inspection for example, there was no check list. The tenant was also frustrated he wasn’t allowed in the property before the agreed time.

The tenant was unable to identify a relevant provision within the RTA that would establish such conduct as a breach. I am not satisfied that the tenant has proven a breach of the RTA in respect of this conduct. As explained at the hearing there is no obligation on a landlord to allow a tenant back into a property once a tenancy has ended. A final inspection with both parties present is often prudent but is not obligatory. Filing fee and suppression

I decline to award reimbursement of the filing fee as the tenant has only been successful in relation to part of the claim.

Neither party made an application for suppression of their identifying details so this is not ordered. Had it been requested, neither party has been substantially successful, and I see no other reason to make such an order so I would not have awarded suppression in this case in any event (see section 95A RTA).

Tenancy Tribunal case 5301221 — Tenancy dispute at 20 Victoria Road, New Plymouth, New Plymouth 4310

At a glance

Claims & awards

Tenancy Tribunal case 5301221 — Tenancy dispute at 20 Victoria Road, New Plymouth, New Plymouth 4310

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.