What was Tenancy Tribunal case 5326524 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5326524?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,154.29 awarded to landlord; Water Rates: $70.94 awarded to landlord

What type of tenancy dispute was case 5326524?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5326524?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12643093-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5326524 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5326524?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,154.29 awarded to landlord; Water Rates: $70.94 awarded to landlord

What type of tenancy dispute was case 5326524?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5326524?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12643093-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5326524 — Rent arrears

Claims and awards in Tenancy Tribunal application 5326524 — net $493.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6/4/25	$3,154.29	Rent arrears to 6/4/25
Water rates: to end of tenancy - by consent	$70.94	Water rates: to end of tenancy - by consent
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$493.23
Total payable by Tenant to Landlord	$493.23

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Fatima Syeda and Safdar Ali Syed must pay [The landlord/s] $493.23 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,760.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the claim is dismissed.

Reasons

Both parties attended the remote hearing.
Safdar Ali Syed appeared on behalf of both tenants.
For ease of reference, I will refer to the tenants in the singular.
The landlord has applied for: a. Rent arrears, b. Water rates, c. Reimbursement of the filing fee, and d. Payment of the bond, following the end of the tenancy.
The landlord had applied for compensation for cleaning; however, this claim was withdrawn at the hearing and is dismissed.
The tenant raised a number of concerns about the tenancy but confirmed he did not intend to file a cross-application.
The parties entered a fixed-term tenancy with a contractual start date of 15 October 2024 and end date of 15 March 2025. The tenant moved out of the premises on 15 March 2025. He seeks that he is liable for rent only to this date. The landlord says the tenant did not give notice and seeks rent arrears to 6 April 2025.
The issue I must determine is whether the tenant is liable for rent until the end of the fixed-term or until the end of the 21-day notice period.

HOW MUCH DOES THE TENANT OWE FOR RENT?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1
The tenancy agreement does not specifically set out how a tenancy will end in the case of a fixed-term or a periodic tenancy. The landlord acknowledged this and relied on the provision in the tenancy agreement which says:
Jurisdiction - The parties hereby agree that the Residential Tenancies Act 1986 shall apply to and affect this agreement and the Tenant agrees to rent the premises at the above stated Property.
Section 60A of the RTA is relevant and provides: 60AFixed-term tenancy becomes periodic unless contrary notice given 1 See section 40 (1)(a) of the RTA. (1)On the expiry of a fixed-term tenancy of more than 90 days, the tenancy continues as a periodic tenancy with the same terms as the terms contained in the expired tenancy so far as those terms are consistent with a periodic tenancy. (2)However, the tenancy does not continue as a periodic tenancy if,— (a) before the expiry, the parties renew or extend the existing tenancy agreement; or (b) before the expiry, the parties agree not to continue with the tenancy; or (c) within the effective period, either party gives to the other party written notice of their intention not to continue with the tenancy; or (d) before the expiry, a party gives notice as specified in any of section 50(1)(a) to (ac) that terminates the tenancy on or before the expiry. (2A) The effective period is the period that starts on the 90th day before the date on which the tenancy expires and ends on the 21st day before that date...
The landlord says the tenant did not give notice that they did not intend to continue with the tenancy and there was no agreement about the tenancy ending on the expiry of the fixed-term.
The tenant says that he told the landlord prior to the tenancy commencing that he only required the premises for the duration of the fixed-term due to repairs being undertaken on his own home. The tenant did not provide any documentary evidence that there was agreement between the parties not to continue with the tenancy. The tenant accepts that he did not give notice to terminate the tenancy within the effective period outlined in section 60A. The RTA requires either evidence of an agreement that the tenancy will end or the tenant giving notice not to continue with the tenancy. The tenant has not proven there was agreement or given notice, accordingly I consider the landlord has properly treated the day they were notified by the tenant that the tenant had vacated as notice of termination of the tenancy and the tenant is liable for rent for 21 days thereafter.
The landlord provided rent records which prove the amount owing to the end of the tenancy is $3,154.29 being rent arrears to 6 April 2025.

HOW MUCH DOES THE TENANT OWE FOR WATER RATES?

The tenant is responsible for water consumption charges. 2 The landlord has provided a water rates invoice and statement in support of the claim. By consent I make an order for water rates of $70.94

WHAT SHOULD HAPPEN WITH THE BOND?

The bond is to be paid to the landlord immediately to offset the rent arrears.

SHOULD THE LANDLORD BE REIMBURSED THE FILING FEE?

Because the landlord has succeeded with the claim I have reimbursed the filing fee. WHAT ORDERS, IF ANY, SHOULD BE MADE WITH RESPECT TO

SUPPRESSION?

Section 95A of the RTA relates to suppression orders. The relevant provisions state: (1)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.... ...(4) The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (5) An order under subsection (4) may be made subject to any conditions that the Tribunal considers appropriate.
The landlord sought suppression and as the application is successful, I have made an order accordingly.
The tenant applied for name suppression, however as they have been largely unsuccessful in the claim, name suppression is declined.

Claims and awards in Tenancy Tribunal application 5326524 — net $493.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6/4/25	$3,154.29	Rent arrears to 6/4/25
Water rates: to end of tenancy - by consent	$70.94	Water rates: to end of tenancy - by consent
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$493.23
Total payable by Tenant to Landlord	$493.23

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Fatima Syeda and Safdar Ali Syed must pay [The landlord/s] $493.23 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,760.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the claim is dismissed.

Reasons

Both parties attended the remote hearing.
Safdar Ali Syed appeared on behalf of both tenants.
For ease of reference, I will refer to the tenants in the singular.
The landlord has applied for: a. Rent arrears, b. Water rates, c. Reimbursement of the filing fee, and d. Payment of the bond, following the end of the tenancy.
The landlord had applied for compensation for cleaning; however, this claim was withdrawn at the hearing and is dismissed.
The tenant raised a number of concerns about the tenancy but confirmed he did not intend to file a cross-application.
The parties entered a fixed-term tenancy with a contractual start date of 15 October 2024 and end date of 15 March 2025. The tenant moved out of the premises on 15 March 2025. He seeks that he is liable for rent only to this date. The landlord says the tenant did not give notice and seeks rent arrears to 6 April 2025.
The issue I must determine is whether the tenant is liable for rent until the end of the fixed-term or until the end of the 21-day notice period.

HOW MUCH DOES THE TENANT OWE FOR RENT?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1
The tenancy agreement does not specifically set out how a tenancy will end in the case of a fixed-term or a periodic tenancy. The landlord acknowledged this and relied on the provision in the tenancy agreement which says:
Jurisdiction - The parties hereby agree that the Residential Tenancies Act 1986 shall apply to and affect this agreement and the Tenant agrees to rent the premises at the above stated Property.
Section 60A of the RTA is relevant and provides: 60AFixed-term tenancy becomes periodic unless contrary notice given 1 See section 40 (1)(a) of the RTA. (1)On the expiry of a fixed-term tenancy of more than 90 days, the tenancy continues as a periodic tenancy with the same terms as the terms contained in the expired tenancy so far as those terms are consistent with a periodic tenancy. (2)However, the tenancy does not continue as a periodic tenancy if,— (a) before the expiry, the parties renew or extend the existing tenancy agreement; or (b) before the expiry, the parties agree not to continue with the tenancy; or (c) within the effective period, either party gives to the other party written notice of their intention not to continue with the tenancy; or (d) before the expiry, a party gives notice as specified in any of section 50(1)(a) to (ac) that terminates the tenancy on or before the expiry. (2A) The effective period is the period that starts on the 90th day before the date on which the tenancy expires and ends on the 21st day before that date...
The landlord says the tenant did not give notice that they did not intend to continue with the tenancy and there was no agreement about the tenancy ending on the expiry of the fixed-term.
The tenant says that he told the landlord prior to the tenancy commencing that he only required the premises for the duration of the fixed-term due to repairs being undertaken on his own home. The tenant did not provide any documentary evidence that there was agreement between the parties not to continue with the tenancy. The tenant accepts that he did not give notice to terminate the tenancy within the effective period outlined in section 60A. The RTA requires either evidence of an agreement that the tenancy will end or the tenant giving notice not to continue with the tenancy. The tenant has not proven there was agreement or given notice, accordingly I consider the landlord has properly treated the day they were notified by the tenant that the tenant had vacated as notice of termination of the tenancy and the tenant is liable for rent for 21 days thereafter.
The landlord provided rent records which prove the amount owing to the end of the tenancy is $3,154.29 being rent arrears to 6 April 2025.

HOW MUCH DOES THE TENANT OWE FOR WATER RATES?

The tenant is responsible for water consumption charges. 2 The landlord has provided a water rates invoice and statement in support of the claim. By consent I make an order for water rates of $70.94

WHAT SHOULD HAPPEN WITH THE BOND?

The bond is to be paid to the landlord immediately to offset the rent arrears.

SHOULD THE LANDLORD BE REIMBURSED THE FILING FEE?

Because the landlord has succeeded with the claim I have reimbursed the filing fee. WHAT ORDERS, IF ANY, SHOULD BE MADE WITH RESPECT TO

SUPPRESSION?

Section 95A of the RTA relates to suppression orders. The relevant provisions state: (1)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.... ...(4) The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (5) An order under subsection (4) may be made subject to any conditions that the Tribunal considers appropriate.
The landlord sought suppression and as the application is successful, I have made an order accordingly.
The tenant applied for name suppression, however as they have been largely unsuccessful in the claim, name suppression is declined.

Tenancy Tribunal case 5326524 — Rent arrears

At a glance

Tenancy Tribunal case 5326524 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

HOW MUCH DOES THE TENANT OWE FOR RENT?

HOW MUCH DOES THE TENANT OWE FOR WATER RATES?

WHAT SHOULD HAPPEN WITH THE BOND?

SHOULD THE LANDLORD BE REIMBURSED THE FILING FEE?

SUPPRESSION?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

HOW MUCH DOES THE TENANT OWE FOR RENT?

HOW MUCH DOES THE TENANT OWE FOR WATER RATES?

WHAT SHOULD HAPPEN WITH THE BOND?

SHOULD THE LANDLORD BE REIMBURSED THE FILING FEE?

SUPPRESSION?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions