What was the outcome of Tenancy Tribunal case 4774751?

The tribunal order states: Sunshine Property Group Limited must pay Robert John Barker $974.94

How much money was awarded in case 4774751?

Compensation: $954.50 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4774751?

The dispute type was not classified.

Where can I read the official tribunal order for case 4774751?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10157215-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4774751?

The tribunal order states: Sunshine Property Group Limited must pay Robert John Barker $974.94

How much money was awarded in case 4774751?

Compensation: $954.50 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4774751?

The dispute type was not classified.

Where can I read the official tribunal order for case 4774751?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10157215-Tenancy_Tribunal_Order.pdf.

12 Raleigh Road, Northcote, Auckland 0627 Tenancy Tribunal Case 4774751 — Tenancy dispute

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12 Raleigh Road, Northcote, Auckland 0627 Tenancy Tribunal Case 4774751 — Tenancy dispute | 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 4774751 — net $974.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation – refund of assignment fee charged by LL	$954.50	Compensation – refund of assignment fee charged by LL
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$974.94
Total payable by Landlord to Tenant	$974.94

Claims and awards for application 4774751 — net $974.94 NZD. Verify on MoJ.

Compensation – refund of assignment fee charged by LL

Amount: $954.50
Awarded to: Tenant
Reason: Compensation – refund of assignment fee charged by LL

Filing fee reimbursement

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

Net award

Tenant $974.94

Total payable by Landlord to Tenant

Tenant $974.94

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

Sunshine Property Group Limited must pay Robert John Barker $974.94 immediately, being a refund of the assignment fee charged by the landlord unlawfully as set out below:

Reasons

Both parties attended the hearing. The landlord was assisted by the court appointed Mandarin interpreter.
This application is in respect of recovery of expenses incurred by the landlord.
Robert John Barker claims the landlord has attempted to recover expenses incurred in respect of an assignment without providing an itemised account.
A landlord must provide an itemised account to the tenant of any expenses incurred in respect to an assignment. See section 44A(2) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 44A(3) and Schedule 1A Residential Tenancies Act 1986.
The tenant signed a new Tenancy Agreement on 27 March 2023 which was to be effective from 23 May 2023. This made him the head tenant. There were also three flatmates living with him to help pay the rent.
The tenancy was fixed from 23 May 2023 to 20 May 2024. The tenant then had to vacate due to personal reasons on or about 8 August 2023.
The tenant says that he made a request to the landlord to assign the tenancy. The tenancy was assigned to one of the flatmates.
The tenant says that the request for a reassignment fee is in breach of the RTA. It is not itemised and is also excessive. When this tenant vacated the flatmate took over the tenancy. The remaining flatmates also stayed. There was no loss of rental income resulting from this changeover.
The landlord says that the amount charged is a credit check of the new tenant. The landlord also confirmed that he did not provide a breakdown of this amount to the tenant. He says the amount also includes one weeks’ rent as an inspection fee and background check.
The tenant says that he paid the amount of $954.50. The landlord confirmed that this was paid by the tenant in early July 2023.
The landlord has charged with tenant an assignment fee without providing the tenant with an itemised account. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The tenant is not seeking exemplary damages.
I find the tenant’s claim proven.
Because Robert John Barker has wholly succeeded with the claim I must reimburse 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 4774751 — net $974.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation – refund of assignment fee charged by LL	$954.50	Compensation – refund of assignment fee charged by LL
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$974.94
Total payable by Landlord to Tenant	$974.94

Claims and awards for application 4774751 — net $974.94 NZD. Verify on MoJ.

Compensation – refund of assignment fee charged by LL

Amount: $954.50
Awarded to: Tenant
Reason: Compensation – refund of assignment fee charged by LL

Filing fee reimbursement

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

Net award

Tenant $974.94

Total payable by Landlord to Tenant

Tenant $974.94

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

Sunshine Property Group Limited must pay Robert John Barker $974.94 immediately, being a refund of the assignment fee charged by the landlord unlawfully as set out below:

Reasons

Both parties attended the hearing. The landlord was assisted by the court appointed Mandarin interpreter.
This application is in respect of recovery of expenses incurred by the landlord.
Robert John Barker claims the landlord has attempted to recover expenses incurred in respect of an assignment without providing an itemised account.
A landlord must provide an itemised account to the tenant of any expenses incurred in respect to an assignment. See section 44A(2) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 44A(3) and Schedule 1A Residential Tenancies Act 1986.
The tenant signed a new Tenancy Agreement on 27 March 2023 which was to be effective from 23 May 2023. This made him the head tenant. There were also three flatmates living with him to help pay the rent.
The tenancy was fixed from 23 May 2023 to 20 May 2024. The tenant then had to vacate due to personal reasons on or about 8 August 2023.
The tenant says that he made a request to the landlord to assign the tenancy. The tenancy was assigned to one of the flatmates.
The tenant says that the request for a reassignment fee is in breach of the RTA. It is not itemised and is also excessive. When this tenant vacated the flatmate took over the tenancy. The remaining flatmates also stayed. There was no loss of rental income resulting from this changeover.
The landlord says that the amount charged is a credit check of the new tenant. The landlord also confirmed that he did not provide a breakdown of this amount to the tenant. He says the amount also includes one weeks’ rent as an inspection fee and background check.
The tenant says that he paid the amount of $954.50. The landlord confirmed that this was paid by the tenant in early July 2023.
The landlord has charged with tenant an assignment fee without providing the tenant with an itemised account. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The tenant is not seeking exemplary damages.
I find the tenant’s claim proven.
Because Robert John Barker has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4774751 — Tenancy dispute at 12 Raleigh Road, Northcote, Auckland 0627

At a glance

Tenancy Tribunal case 4774751 — Tenancy dispute at 12 Raleigh Road, Northcote, Auckland 0627

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions