How much money was awarded in case 4597129?

Rent Arrears: $628.57 awarded to landlord

What type of tenancy dispute was case 4597129?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4597129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9232710-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4597129?

Rent Arrears: $628.57 awarded to landlord

What type of tenancy dispute was case 4597129?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4597129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9232710-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 40 Norwich Street, Linwood, Christchurch 8062 Tenancy Tribunal Case 4597129 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4597129?

The tribunal order states: No application for suppression has been made in this case and no suppression

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Order

Claims and awards in Tenancy Tribunal application 4597129. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$628.57		Rent arrears

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The Bond Centre is to pay the bond of $1,760.00 (6468720-003) immediately apportioned as follows: Wolfbrook Property Management Limited As Agent For Reetu & Pete Singh: $628.57 Marinus Lambertus Valks and Tyla Jade Love: $1,131.43

The tenant’s claims for reduction of the fixed term tenancy and compensation are dismissed.

Reasons

Both parties attended the hearing.

The tenant had applied for reduction of the fixed term tenancy and for compensation.

The tenancy began on 4 November 2022 and was for a fixed term due to end on 29 January 2024.

The tenants sought to end the tenancy early due to an incident which occurred on 12 May 2023 where they felt threatened and concerned for their safety. They left the premises after the incident and have lived elsewhere ever since.

The landlord agreed to end the tenancy early and found a replacement tenant whose tenancy commenced on 19 June 2023. The landlord also agreed to waive the break lease costs given the circumstances.

The landlord has sought that the tenants pay the rent for the premises up until 18 June 2023, being the day before the new tenancy begins. The bond has not been released as there has been no agreement on this issue.

The tenants consider that they should not be liable for the rent up until 18 June 2023 as they were not living at the premises.

While the tenant’s application before the Tribunal was not for release of the bond the parties agreed at the hearing for this to be considered.

For the following reasons I consider that the landlord is entitled to the rent arrears up to and including 18 June 2023: (a) The tenants had a fixed term tenancy. As a matter of law, they were liable for rent until the expiry date. That is the default position. (b) The landlord can agree to an earlier termination which has happened in this situation. (c) It is standard practice for the tenant to remain liable for the rent until a new tenant is found and the reasonable costs associated with breaking the fixed term agreement, which the landlord is not pursuing in this case. (d) There is no suggestion that the landlord contributed to any delay in securing the new tenancy.

As the landlord agreed to end the tenancy it is not necessary for the Tribunal to make an order to reduce the fixed term tenancy. That claim is dismissed.

The tenant’s application for compensation, being the amount of the rent arrears sought by the landlord is also dismissed for the reasons set out above.

The bond is released to the parties after taking account of the rent arrears owed.

Order

Claims and awards in Tenancy Tribunal application 4597129. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$628.57		Rent arrears