What was the outcome of Tenancy Tribunal case 4793976?

The tribunal order states: The Bond Centre is to pay the bond of $3,080.00 (6449864-006) to Harcourts

How much money was awarded in case 4793976?

Break Lease Fee: $989.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,520.00 awarded to landlord

What type of tenancy dispute was case 4793976?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4793976?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10755800-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4793976?

The tribunal order states: The Bond Centre is to pay the bond of $3,080.00 (6449864-006) to Harcourts

How much money was awarded in case 4793976?

Break Lease Fee: $989.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,520.00 awarded to landlord

What type of tenancy dispute was case 4793976?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4793976?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10755800-Tribunal_Order.pdf.

680 Coatesville-Riverhead Highway, Coatesville, Tenancy Tribunal Case 4793976 — Rent arrears

Claims and awards in Tenancy Tribunal application 4793976 — net $449.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/02/2024	$2,520.00	Rent arrears to 16/02/2024
Break lease fee	$989.00	Break lease fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$449.44
Total payable by Tenant to Landlord	$449.44

Order

The Bond Centre is to pay the bond of $3,080.00 (6449864-006) to Harcourts Cooper And Co Ltd As Agent For Purepower Ltd immediately.
Tatiana Ip and Kyle Simpson must pay Harcourts Cooper And Co Ltd As Agent For Purepower Ltd $449.44 immediately, calculated as shown in table below.

Reasons

The landlord and both tenants attended the hearing on 23 rd August 2024.
The landlord applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. 4793976, 48141382
Tatiana Ip disputed the landlord’s application and cross-applied for refund of the bond, compensation for lost holiday time, compensation for lost work hours, and exemplary damages for breach of quiet enjoyment, and unlawful discrimination.
At the end of the hearing, the decision was reserved for the voluminous material submitted by Ms Ip to be thoroughly considered. Background
The tenants Ms Ip and Kyle Simpson signed a tenancy agreement with the landlord for a fixed term beginning on 18 th July 2024 and ending on 17 th July 2024.
The tenants had a falling out and on 15 th December 2023, Ms Ip asked the landlord to remove Mr Simpson from the tenancy agreement.
Ms Ip raised various allegations against Mr Simpson. None of them legally met the threshold for early release from a fixed-term tenancy. There was no suggestion of any violence from Mr Simpson that would have warranted an earlier release from the tenancy.
The landlord replied to Ms Ip saying that the landlord did not agree to remove one name off the tenancy and have the other remain. The landlord suggested Ms Ip to break the lease and for both tenants to move out. The landlord provided a breakdown of the break lease fee if that was to happen.
Ms Ip and Mr Simpson discussed their situation. Initially Mr Simpson said that he would move out, but then he changed his mind and decided to stay.
Therefore, on 17 th December 2023, Ms Ip gave Mr Simpson a “4-weeks’ notice” informing him that she will move out by 13 th January 2024.
On 5 th January 2024, Ms Ip confirmed this in a handwritten termination notice. She said that she will pay her portion of the rent up to 13 th January 2024 and asked for her bond of $2,080.00 to be returned to her immediately. She also left the house key to Ms Simpson and moved out.
On 24 th January 2024, Mr Simpson gave the landlord a formal notice to terminate the fixed-term tenancy.
The landlord started the process of finding new tenants for the premises.
The landlord found new tenants to start their tenancy at the address from 17 th February 2024.
Accordingly, Ms Ip and Mr Simpson was charged for rent to 16 th February 2024.
As indicated earlier, the landlord also charged the tenants $989.00 for the break lease fee. This was made up of Trademe advertising, viewings, application processing and credit checks, final inspection and administration fees. 4793976, 48141383 The landlord’s application
The landlord never agreed to remove either of the tenants from the tenancy agreement. As such, both Ms Ip and Mr Simpson are jointly and severally liable for rent. This means both tenants share responsibility for the tenancy irrespective of which tenant did not pay for rent.
Ms Ip should have applied to the Tenancy Tribunal to be released from the fixed-term tenancy earlier if she wished to be formally removed. In Ms Ip’s own statement, she noted at point 18 that she was advised by her property manager friend and Zoe Garner of Harcourts Cooper & Co Limited about options available for tenants of a fixed-term tenancy. However, Ms Ip did not exercise her options at the time.
The landlord provided rent records to prove the amount of rent owing at the end of the tenancy.
As both tenants are still jointly and severally liable for the rent arrears, I order the tenants to pay the landlord $2,520.00 for rent arrears to 16 th February 2024.
The landlord is entitled to charge a break lease fee for ending the fixed-term tenancy early.
Having seen the breakdown of the break lease fee, I accept that they are actual and reasonable.
I order the tenants to pay the landlord $989.00 for the break lease fee. The tenant’s cross-application
Ms Ip’s cross-application was based on her assertion that she should have either been released from the fixed-term tenancy or that Mr Simpson should have been removed from the fixed-term tenancy.
Ms Ip says that it was unsafe for her to continue to live with Mr Simpson due to his anti-social behaviour and the landlord refusing her request was discriminatory against her.
Ms Ip also claimed that keeping her as a tenant together with Mr Simpson was the landlord permitting the interference with her reasonable peace, comfort, or her privacy in the use of the premises.
Ms Ip also claimed that the landlord was unprofessional and unethical.
The landlord must ensure other neighbouring tenants do not disturb other tenants nearby, but the landlord has no obligation to ensure that jointly named tenants get along with each other within the same house. Only time that the landlord must ensure that tenants within the same house do not disturb each 4793976, 48141384 other is within a boarding house situation where each tenant has separate tenancy agreements with the landlord.
Section 21 of the Human Rights Act 1993 specifies the prohibited grounds of discrimination, which include sex, marital status, religious or ethical belief, race or ethnicity, disability, age, political opinion, employment status, family status, and sexual orientation.
However, there was no evidence that the landlord discriminated against Ms Ip at all.
Ms Ip’s compensation claims for lost holiday and lost work hours and other expenses are dismissed as being baseless. Filing fee reimbursement
Because Harcourts Cooper And Co Ltd As Agent For Purepower Ltd has wholly succeeded with the claim, the tenants must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4793976 — net $449.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/02/2024	$2,520.00	Rent arrears to 16/02/2024
Break lease fee	$989.00	Break lease fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$449.44
Total payable by Tenant to Landlord	$449.44

Order

The Bond Centre is to pay the bond of $3,080.00 (6449864-006) to Harcourts Cooper And Co Ltd As Agent For Purepower Ltd immediately.
Tatiana Ip and Kyle Simpson must pay Harcourts Cooper And Co Ltd As Agent For Purepower Ltd $449.44 immediately, calculated as shown in table below.

Reasons

The landlord and both tenants attended the hearing on 23 rd August 2024.
The landlord applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. 4793976, 48141382
Tatiana Ip disputed the landlord’s application and cross-applied for refund of the bond, compensation for lost holiday time, compensation for lost work hours, and exemplary damages for breach of quiet enjoyment, and unlawful discrimination.
At the end of the hearing, the decision was reserved for the voluminous material submitted by Ms Ip to be thoroughly considered. Background
The tenants Ms Ip and Kyle Simpson signed a tenancy agreement with the landlord for a fixed term beginning on 18 th July 2024 and ending on 17 th July 2024.
The tenants had a falling out and on 15 th December 2023, Ms Ip asked the landlord to remove Mr Simpson from the tenancy agreement.
Ms Ip raised various allegations against Mr Simpson. None of them legally met the threshold for early release from a fixed-term tenancy. There was no suggestion of any violence from Mr Simpson that would have warranted an earlier release from the tenancy.
The landlord replied to Ms Ip saying that the landlord did not agree to remove one name off the tenancy and have the other remain. The landlord suggested Ms Ip to break the lease and for both tenants to move out. The landlord provided a breakdown of the break lease fee if that was to happen.
Ms Ip and Mr Simpson discussed their situation. Initially Mr Simpson said that he would move out, but then he changed his mind and decided to stay.
Therefore, on 17 th December 2023, Ms Ip gave Mr Simpson a “4-weeks’ notice” informing him that she will move out by 13 th January 2024.
On 5 th January 2024, Ms Ip confirmed this in a handwritten termination notice. She said that she will pay her portion of the rent up to 13 th January 2024 and asked for her bond of $2,080.00 to be returned to her immediately. She also left the house key to Ms Simpson and moved out.
On 24 th January 2024, Mr Simpson gave the landlord a formal notice to terminate the fixed-term tenancy.
The landlord started the process of finding new tenants for the premises.
The landlord found new tenants to start their tenancy at the address from 17 th February 2024.
Accordingly, Ms Ip and Mr Simpson was charged for rent to 16 th February 2024.
As indicated earlier, the landlord also charged the tenants $989.00 for the break lease fee. This was made up of Trademe advertising, viewings, application processing and credit checks, final inspection and administration fees. 4793976, 48141383 The landlord’s application
The landlord never agreed to remove either of the tenants from the tenancy agreement. As such, both Ms Ip and Mr Simpson are jointly and severally liable for rent. This means both tenants share responsibility for the tenancy irrespective of which tenant did not pay for rent.
Ms Ip should have applied to the Tenancy Tribunal to be released from the fixed-term tenancy earlier if she wished to be formally removed. In Ms Ip’s own statement, she noted at point 18 that she was advised by her property manager friend and Zoe Garner of Harcourts Cooper & Co Limited about options available for tenants of a fixed-term tenancy. However, Ms Ip did not exercise her options at the time.
The landlord provided rent records to prove the amount of rent owing at the end of the tenancy.
As both tenants are still jointly and severally liable for the rent arrears, I order the tenants to pay the landlord $2,520.00 for rent arrears to 16 th February 2024.
The landlord is entitled to charge a break lease fee for ending the fixed-term tenancy early.
Having seen the breakdown of the break lease fee, I accept that they are actual and reasonable.
I order the tenants to pay the landlord $989.00 for the break lease fee. The tenant’s cross-application
Ms Ip’s cross-application was based on her assertion that she should have either been released from the fixed-term tenancy or that Mr Simpson should have been removed from the fixed-term tenancy.
Ms Ip says that it was unsafe for her to continue to live with Mr Simpson due to his anti-social behaviour and the landlord refusing her request was discriminatory against her.
Ms Ip also claimed that keeping her as a tenant together with Mr Simpson was the landlord permitting the interference with her reasonable peace, comfort, or her privacy in the use of the premises.
Ms Ip also claimed that the landlord was unprofessional and unethical.
The landlord must ensure other neighbouring tenants do not disturb other tenants nearby, but the landlord has no obligation to ensure that jointly named tenants get along with each other within the same house. Only time that the landlord must ensure that tenants within the same house do not disturb each 4793976, 48141384 other is within a boarding house situation where each tenant has separate tenancy agreements with the landlord.
Section 21 of the Human Rights Act 1993 specifies the prohibited grounds of discrimination, which include sex, marital status, religious or ethical belief, race or ethnicity, disability, age, political opinion, employment status, family status, and sexual orientation.
However, there was no evidence that the landlord discriminated against Ms Ip at all.
Ms Ip’s compensation claims for lost holiday and lost work hours and other expenses are dismissed as being baseless. Filing fee reimbursement
Because Harcourts Cooper And Co Ltd As Agent For Purepower Ltd has wholly succeeded with the claim, the tenants must reimburse the filing fee.

Tenancy Tribunal case 4793976 — Rent arrears at 680 Coatesville-Riverhead Highway, Coatesville,

At a glance

Tenancy Tribunal case 4793976 — Rent arrears at 680 Coatesville-Riverhead Highway, Coatesville,

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