What was the outcome of Tenancy Tribunal case 4656449?

The tribunal order states: Brandon Clayton must pay Barfoot & Thompson Limited As Agent For Atlantis

How much money was awarded in case 4656449?

Break Lease Costs: $425.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $777.86 awarded to landlord

What type of tenancy dispute was case 4656449?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4656449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9586154-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4656449?

The tribunal order states: Brandon Clayton must pay Barfoot & Thompson Limited As Agent For Atlantis

How much money was awarded in case 4656449?

Break Lease Costs: $425.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $777.86 awarded to landlord

What type of tenancy dispute was case 4656449?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4656449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9586154-Tenancy_Tribunal_Order.pdf.

Unit/Flat AO, 18 Federal St, Auckland CBD, Auckland 1010 Tenancy Tribunal Case 4656449 — Rent arrears

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Unit/Flat AO, 18 Federal St, Auckland CBD, Auckland 1010 Tenancy Tribunal Case 4656449 — 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 4656449 — net $1,223.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 August 2023	$777.86	Rent arrears to 14 August 2023
Break Lease costs	$425.00	Break Lease costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,223.30
Total payable by Tenant to Landlord	$1,223.30

Claims and awards for application 4656449 — net $1,223.30 NZD. Verify on MoJ.

Rent arrears to 14 August 2023

Amount: $777.86
Awarded to: Landlord
Reason: Rent arrears to 14 August 2023

Break Lease costs

Amount: $425.00
Awarded to: Landlord
Reason: Break Lease costs

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,223.30

Total payable by Tenant to Landlord

Landlord $1,223.30

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Brandon Clayton must pay Barfoot & Thompson Limited As Agent For Atlantis Investments Ltd $1,223.30 immediately, calculated as shown in table below.

Reasons

This matter was heard by me today by telephone. Mr Lawrence attended for the landlord. Mr Clayton was rung twice on the cell phone number provided on the application but both times the call went to his voicemail. attended the hearing but the tenant did not.
The landlord has applied for rent arrears, costs of breaking the fixed term tenancy, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond was returned to the landlord with the consent of the tenant, to be used to reduce the rent arrears owing.
The tenant had a fixed term tenancy for one year that was due to end on 5 May 2024. The tenant rang the landlord in around mid July 20923 and advised he was moving out the next day. The landlord agreed to early termination of the fixed term tenancy on the basis that a) the tenant was to pay rent until a new tenancy began and b) the tenant had to pay the costs associated with ending his fixed term early.

How much is owed for rent?

The landlord’s evidence establishes that a new tenancy commenced on 15 August 2023. The landlord provided rent records which prove the amount owing to 14 August 2023. The rent records record the bond ($1,980.00) was used to reduce the rent arrears owing. Is the tenant liable to pay break lease costs of $425.00?
A landlord who agrees to an early termination of a fixed term tenancy is entitled to recover from the outgoing tenants any reasonable expenses incurred by the landlord in respect of the early termination. A landlord who seeks to recover such expenses from a tenant must first provide an itemised account of the expenses to the tenant. (s 44A(1) and (2), RTA).
The landlord states that the break lease costs were disclosed to the tenant. The landlord submits it is claiming less than the costs it incurred to break the lease. I am satisfied from the evidence that at least $369.57 + gst ($425.00) was incurred by the landlord in advertising, reletting, travel and credit checks in ending the tenant’s tenancy early. I consider the sum of $425.00 a reasonable cost.
As the landlord has wholly succeeded with the claim I must reimburse the filing fee.
No application for suppression was made by the landlord or the tenant.

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 4656449 — net $1,223.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 August 2023	$777.86	Rent arrears to 14 August 2023
Break Lease costs	$425.00	Break Lease costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,223.30
Total payable by Tenant to Landlord	$1,223.30

Claims and awards for application 4656449 — net $1,223.30 NZD. Verify on MoJ.

Rent arrears to 14 August 2023

Amount: $777.86
Awarded to: Landlord
Reason: Rent arrears to 14 August 2023

Break Lease costs

Amount: $425.00
Awarded to: Landlord
Reason: Break Lease costs

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,223.30

Total payable by Tenant to Landlord

Landlord $1,223.30

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Brandon Clayton must pay Barfoot & Thompson Limited As Agent For Atlantis Investments Ltd $1,223.30 immediately, calculated as shown in table below.

Reasons

This matter was heard by me today by telephone. Mr Lawrence attended for the landlord. Mr Clayton was rung twice on the cell phone number provided on the application but both times the call went to his voicemail. attended the hearing but the tenant did not.
The landlord has applied for rent arrears, costs of breaking the fixed term tenancy, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond was returned to the landlord with the consent of the tenant, to be used to reduce the rent arrears owing.
The tenant had a fixed term tenancy for one year that was due to end on 5 May 2024. The tenant rang the landlord in around mid July 20923 and advised he was moving out the next day. The landlord agreed to early termination of the fixed term tenancy on the basis that a) the tenant was to pay rent until a new tenancy began and b) the tenant had to pay the costs associated with ending his fixed term early.

How much is owed for rent?

The landlord’s evidence establishes that a new tenancy commenced on 15 August 2023. The landlord provided rent records which prove the amount owing to 14 August 2023. The rent records record the bond ($1,980.00) was used to reduce the rent arrears owing. Is the tenant liable to pay break lease costs of $425.00?
A landlord who agrees to an early termination of a fixed term tenancy is entitled to recover from the outgoing tenants any reasonable expenses incurred by the landlord in respect of the early termination. A landlord who seeks to recover such expenses from a tenant must first provide an itemised account of the expenses to the tenant. (s 44A(1) and (2), RTA).
The landlord states that the break lease costs were disclosed to the tenant. The landlord submits it is claiming less than the costs it incurred to break the lease. I am satisfied from the evidence that at least $369.57 + gst ($425.00) was incurred by the landlord in advertising, reletting, travel and credit checks in ending the tenant’s tenancy early. I consider the sum of $425.00 a reasonable cost.
As the landlord has wholly succeeded with the claim I must reimburse the filing fee.
No application for suppression was made by the landlord or the tenant.

Tenancy Tribunal case 4656449 — Rent arrears at Unit/Flat AO, 18 Federal St, Auckland CBD, Auckland 1010

At a glance

Tenancy Tribunal case 4656449 — Rent arrears at Unit/Flat AO, 18 Federal St, Auckland CBD, Auckland 1010

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions