How much money was awarded in case 5428279?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5428279?

The dispute type was not classified.

Where can I read the official tribunal order for case 5428279?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13568158-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5428279?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5428279?

The dispute type was not classified.

Where can I read the official tribunal order for case 5428279?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13568158-Tribunal_Order_Redacted.pdf.

Unit/Flat 914, 20 Park Avenue, Ellerslie, Auckland 1051 Tenancy Tribunal Case 5428279 — Tenancy dispute

Q: What was Tenancy Tribunal case 5428279 about?

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
Twentythree Group Limited As Agents For Ting Wey must pay [The tenant/s] $28.00 immediately, being reimbursement of the filing fee.
The Bond Centre is to pay the bond of $500.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Reasons

Both parties attended the hearing. The Tribunal had the assistance of an interpreter.
There is a dispute about whether the tenant had a fixed term tenancy after 30 January 2025. This is relevant because the tenant gave 21 days notice to end her tenancy, and the landlord wants rent for another week because of her obligations under a fixed term tenancy agreement.
I have been provided with copies of the relevant emails and notices. The original tenancy agreement was for a fixed term from December 2023 to 30 January 2025. The landlord wrote to the tenant on 4 November 2024 and offered a further fixed term until 31 January 2026. The notice said the rent would increase. On 10 January 2025 the tenant replied and said: ...I am writing in response to the renewal of the Tenancy Agreement and the proposed rent increase of $20 per week. I would like to express my appreciation for the relationship maintained during my tenancy, and have greatly enjoyed living here and keen to continue for another year. However, I would like to kindly request if it might be possible to consider maintaining the current rent amount? Due to personal financial reasons, an increase in rent would present a significant strain on my budget. Additionally, I have taken great care to keep the property in excellent condition... I am hopeful that considering efforts to maintain the property and my current financial situation, you might agree to continue our tenancy under existing terms. I am open to discussing this further with you and am confident we can reach an agreement...
Neither party provided me with a copy of the response to the tenant’s email. The property manager who received the email no longer works for the landlord. There is no response recorded in the landlord’s system. All the landlord currently knows for sure is that the tenancy continued and there was no rent increase.
While the landlord has not filed an application this is essentially a claim for a week of rent. The landlord submitted that the tenant’s email set out above records the tenant’s acceptance of a second fixed term to 31 January 2026. The tenant’s submission is the email is a question about the rent increase only.
I am more persuaded by the tenant’s submission. I do not find any acceptance of a fixed term tenancy to 31 January 2026. The landlord should have followed up in writing to confirm the rent and the fixed term end date. I find there was a periodic tenancy from 31 January 2025 and the tenant was allowed to give 21 days notice to end the tenancy. The remaining $500 bond should be refunded to the tenant. Other orders
A request has been sent to the Bond Centre.
Because the tenant has substantially succeeded with the claim I have reimbursed the filing fee.
There is an application for suppression. Section 95A of the Residential Tenancies Act 1986 provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest.
The tenant’s application for suppression is allowed because the tenant is the most successful party. The landlord’s name will be published because there is public interest when there is a dispute about a bond.

Order

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

Twentythree Group Limited As Agents For Ting Wey must pay [The tenant/s] $28.00 immediately, being reimbursement of the filing fee.

The Bond Centre is to pay the bond of $500.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Reasons

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

There is a dispute about whether the tenant had a fixed term tenancy after 30 January 2025. This is relevant because the tenant gave 21 days notice to end her tenancy, and the landlord wants rent for another week because of her obligations under a fixed term tenancy agreement.

I have been provided with copies of the relevant emails and notices. The original tenancy agreement was for a fixed term from December 2023 to 30 January 2025. The landlord wrote to the tenant on 4 November 2024 and offered a further fixed term until 31 January 2026. The notice said the rent would increase. On 10 January 2025 the tenant replied and said: ...I am writing in response to the renewal of the Tenancy Agreement and the proposed rent increase of $20 per week. I would like to express my appreciation for the relationship maintained during my tenancy, and have greatly enjoyed living here and keen to continue for another year. However, I would like to kindly request if it might be possible to consider maintaining the current rent amount? Due to personal financial reasons, an increase in rent would present a significant strain on my budget. Additionally, I have taken great care to keep the property in excellent condition... I am hopeful that considering efforts to maintain the property and my current financial situation, you might agree to continue our tenancy under existing terms. I am open to discussing this further with you and am confident we can reach an agreement...

Neither party provided me with a copy of the response to the tenant’s email. The property manager who received the email no longer works for the landlord. There is no response recorded in the landlord’s system. All the landlord currently knows for sure is that the tenancy continued and there was no rent increase.

While the landlord has not filed an application this is essentially a claim for a week of rent. The landlord submitted that the tenant’s email set out above records the tenant’s acceptance of a second fixed term to 31 January 2026. The tenant’s submission is the email is a question about the rent increase only.

I am more persuaded by the tenant’s submission. I do not find any acceptance of a fixed term tenancy to 31 January 2026. The landlord should have followed up in writing to confirm the rent and the fixed term end date. I find there was a periodic tenancy from 31 January 2025 and the tenant was allowed to give 21 days notice to end the tenancy. The remaining $500 bond should be refunded to the tenant. Other orders

A request has been sent to the Bond Centre.

Because the tenant has substantially succeeded with the claim I have reimbursed the filing fee.

There is an application for suppression. Section 95A of the Residential Tenancies Act 1986 provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest.

The tenant’s application for suppression is allowed because the tenant is the most successful party. The landlord’s name will be published because there is public interest when there is a dispute about a bond.

Tenancy Tribunal case 5428279 — Tenancy dispute at Unit/Flat 914, 20 Park Avenue, Ellerslie, Auckland 1051

At a glance

Claims & awards

Tenancy Tribunal case 5428279 — Tenancy dispute at Unit/Flat 914, 20 Park Avenue, Ellerslie, Auckland 1051

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions