What was the outcome of Tenancy Tribunal case 5342861?

The tribunal order states: Mariah-lee Anderson and Garry Benham must pay Daniel Andrew Akkersma

How much money was awarded in case 5342861?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,071.43 awarded to landlord

What type of tenancy dispute was case 5342861?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5342861?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12630183-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5342861?

The tribunal order states: Mariah-lee Anderson and Garry Benham must pay Daniel Andrew Akkersma

How much money was awarded in case 5342861?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,071.43 awarded to landlord

What type of tenancy dispute was case 5342861?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5342861?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12630183-Tenancy_Tribunal_Order.pdf.

7A Lawrence Street, Otane, Otane 4202 Tenancy Tribunal Case 5342861 — Rent arrears

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7A Lawrence Street, Otane, Otane 4202 Tenancy Tribunal Case 5342861 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5342861 — net $1,099.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 29 August to 12 September	$1,071.43	Rent arrears 29 August to 12 September
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,099.43
Total payable by Tenant to Landlord	$1,099.43

Claims and awards for application 5342861 — net $1,099.43 NZD. Verify on MoJ.

Rent arrears 29 August to 12 September

Amount: $1,071.43
Awarded to: Landlord
Reason: Rent arrears 29 August to 12 September

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,099.43

Total payable by Tenant to Landlord

Landlord $1,099.43

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Mariah-lee Anderson and Garry Benham must pay Daniel Andrew Akkersma and Nicola Faith Akkersma $1,099.43 immediately, calculated as shown in table below:

Reasons

Both parties attended the phone hearing.
On the 12 August the parties entered a periodic tenancy that was due to begin on the 29 August 2025.
On the 23 August the tenant sent the landlord a message over facebook messenger saying that she no longer wanted to take up the tenancy. The landlord responded and said that she expected the tenant to give three weeks’ notice to end the tenancy as the parties had a written agreement. The landlord says that she then sent an email to the tenant saying that the tenant would need to give notice, and that the landlord expected that the tenant would be pay three weeks from the 29 August to the 19 September as per the Residential Tenancies Act 1986. The landlord says she offered the tenants possession of the property during this time, but that the tenant never responded to the email, nor picked up the keys.
The tenant says that they changed their minds about the tenancy because the house was not really suitable for them, was too expensive and the move in date did not suit them. They also say that they were concerned about whether the house complied with Healthy Homes Standards.
A signed tenancy agreement is a binding contract. Once the parties have signed the contract they are bound by it. They cannot simply change their minds.
The landlord changed their position in reliance of the signed contract- they could not offer the tenancy to anyone else.
Having heard from both parties I consider that the tenants’ message to the landlord was construed by the landlord as notice to end the tenancy. Tenants may give notice to terminate a tenancy by giving 21 days’ notice.
There is no requirement for the notice to be given after the tenancy starts. Therefore, I have calculated the tenants’ notice to be from the 23 August which means that the tenants would have been released from the tenancy on the 12 September 2025. The tenants are liable for rent from the 29 August to the 12 September 2025.
The landlord accepted that the tenants notice by messenger was notice to end the tenancy. They were able to start advertising the property from that date. The landlord confirmed that they did not get new tenants until the 24 September 2025.
As the landlord has been successful in its claim I award the landlord the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5342861 — net $1,099.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 29 August to 12 September	$1,071.43	Rent arrears 29 August to 12 September
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,099.43
Total payable by Tenant to Landlord	$1,099.43

Claims and awards for application 5342861 — net $1,099.43 NZD. Verify on MoJ.

Rent arrears 29 August to 12 September

Amount: $1,071.43
Awarded to: Landlord
Reason: Rent arrears 29 August to 12 September

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,099.43

Total payable by Tenant to Landlord

Landlord $1,099.43

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Mariah-lee Anderson and Garry Benham must pay Daniel Andrew Akkersma and Nicola Faith Akkersma $1,099.43 immediately, calculated as shown in table below:

Reasons

Both parties attended the phone hearing.
On the 12 August the parties entered a periodic tenancy that was due to begin on the 29 August 2025.
On the 23 August the tenant sent the landlord a message over facebook messenger saying that she no longer wanted to take up the tenancy. The landlord responded and said that she expected the tenant to give three weeks’ notice to end the tenancy as the parties had a written agreement. The landlord says that she then sent an email to the tenant saying that the tenant would need to give notice, and that the landlord expected that the tenant would be pay three weeks from the 29 August to the 19 September as per the Residential Tenancies Act 1986. The landlord says she offered the tenants possession of the property during this time, but that the tenant never responded to the email, nor picked up the keys.
The tenant says that they changed their minds about the tenancy because the house was not really suitable for them, was too expensive and the move in date did not suit them. They also say that they were concerned about whether the house complied with Healthy Homes Standards.
A signed tenancy agreement is a binding contract. Once the parties have signed the contract they are bound by it. They cannot simply change their minds.
The landlord changed their position in reliance of the signed contract- they could not offer the tenancy to anyone else.
Having heard from both parties I consider that the tenants’ message to the landlord was construed by the landlord as notice to end the tenancy. Tenants may give notice to terminate a tenancy by giving 21 days’ notice.
There is no requirement for the notice to be given after the tenancy starts. Therefore, I have calculated the tenants’ notice to be from the 23 August which means that the tenants would have been released from the tenancy on the 12 September 2025. The tenants are liable for rent from the 29 August to the 12 September 2025.
The landlord accepted that the tenants notice by messenger was notice to end the tenancy. They were able to start advertising the property from that date. The landlord confirmed that they did not get new tenants until the 24 September 2025.
As the landlord has been successful in its claim I award the landlord the filing fee.

Tenancy Tribunal case 5342861 — Rent arrears at 7A Lawrence Street, Otane, Otane 4202

At a glance

Tenancy Tribunal case 5342861 — Rent arrears at 7A Lawrence Street, Otane, Otane 4202

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions