What was the outcome of Tenancy Tribunal case 4896263?

The tribunal order states: The Tribunal declares that the tenancy ended on 28 March 2024 when the

How much money was awarded in case 4896263?

Rent Arrears: $20.44 awarded to landlord

What type of tenancy dispute was case 4896263?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4896263?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10580552-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4896263?

The tribunal order states: The Tribunal declares that the tenancy ended on 28 March 2024 when the

How much money was awarded in case 4896263?

Rent Arrears: $20.44 awarded to landlord

What type of tenancy dispute was case 4896263?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4896263?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10580552-Tenancy_Tribunal_Order.pdf.

9 Kandinsky Close, Rolleston, Rolleston 7614 Tenancy Tribunal Case 4896263 — Rent arrears

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9 Kandinsky Close, Rolleston, Rolleston 7614 Tenancy Tribunal Case 4896263 — 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 4896263. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
remises. 2. The landlord’s application for rent arrears is dismissed. 3. Andrew Mitchell to pay Wayne Arnott and Amanda	$20.44		remises. 2. The landlord’s application for rent arrears is dismissed. 3. Andrew Mitchell to pay Wayne Arnott and Amanda

Claims and awards for application 4896263. Verify on MoJ.

remises. 2. The landlord’s application for rent arrears is dismissed. 3. Andrew Mitchell to pay Wayne Arnott and Amanda

Amount: $20.44
Awarded to: Landlord
Reason: remises. 2. The landlord’s application for rent arrears is dismissed. 3. Andrew Mitchell to pay Wayne Arnott and Amanda

Claim types — money lines allowed on this order

Rent arrears

Order

The Tribunal declares that the tenancy ended on 28 March 2024 when the landlord took possession of the premises.
The landlord’s application for rent arrears is dismissed.
Andrew Mitchell to pay Wayne Arnott and Amanda Arnott $20.44 immediately being the filing fee on their application.

Reasons

Both parties attended the hearing. Mr Arnott represented the tenants. Background
The parties entered a fixed term tenancy agreement for the period 7 April 2023 to 6 June 2024.
Before the tenancy ended, the tenants asked to be released from the tenancy early as they purchased a house.
The landlord considered their request but decided he could not take the financial loss that would arise by releasing the tenants early.
The tenants told the landlord they were vacating the tenancy on 28 March 2024, Easter weekend.
The tenants produced text messages they say prove that the landlord agreed to them leaving the tenancy early.
The landlord says the text messages do not confirm that he agreed to release the tenants from the fixed term tenancy, only that he was seeking clarification about when they were leaving.
I agree with the landlord about what the text messages establish. Landlord takes possession
However, events that followed mean that the landlord took possession of the premises and by so doing brought the tenancy to an end.
First, the landlord took back the keys on 29 March. Then, from that day and over the next month, a friend of the landlord began moving into the premises; he had to give 4 weeks’ notice to end his own tenancy. He paid no rent during April and has paid only $500.00 during May 2024.
By allowing another person to take possession of the premises, even if he took 4 weeks to move in fully, the landlord took back possession of the premises from these tenants and granted possession to the new tenant. That he did not charge rent at first is not determinative.
Had these tenants changed their minds to limit their exposure to rent arrears, they could not have moved back to the premises; someone else was already moving in.
Had the landlord taken no actions after 28 March, I would have found these tenants liable for rent to 6 June 2024, the stated end date of the tenancy. But by taking back the keys and allowing another person to move in, the landlord took back possession of the premises and in doing so ended the tenancy with these tenants.
To find otherwise would mean that these tenants are expected to pay rent for another person residing at the premises as a tenant. Result
The tenancy ended by the landlord taking possession on 28 March 2024 and allowing another person to take possession progressively from 29 March 2024.
The landlord’s claim for rent ends as of 28 March 2024. There were no arrears of rent at that date and no rent is owed from that time on.
The landlord’s application is dismissed.
As the tenants’ application is successful, the landlord must pay their Tribunal filing fee of $20.44.
On my enquiry, neither party sought a name suppression order.

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 4896263. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
remises. 2. The landlord’s application for rent arrears is dismissed. 3. Andrew Mitchell to pay Wayne Arnott and Amanda	$20.44		remises. 2. The landlord’s application for rent arrears is dismissed. 3. Andrew Mitchell to pay Wayne Arnott and Amanda

Claims and awards for application 4896263. Verify on MoJ.

remises. 2. The landlord’s application for rent arrears is dismissed. 3. Andrew Mitchell to pay Wayne Arnott and Amanda

Amount: $20.44
Awarded to: Landlord
Reason: remises. 2. The landlord’s application for rent arrears is dismissed. 3. Andrew Mitchell to pay Wayne Arnott and Amanda

Claim types — money lines allowed on this order

Rent arrears

Order

The Tribunal declares that the tenancy ended on 28 March 2024 when the landlord took possession of the premises.
The landlord’s application for rent arrears is dismissed.
Andrew Mitchell to pay Wayne Arnott and Amanda Arnott $20.44 immediately being the filing fee on their application.

Reasons

Both parties attended the hearing. Mr Arnott represented the tenants. Background
The parties entered a fixed term tenancy agreement for the period 7 April 2023 to 6 June 2024.
Before the tenancy ended, the tenants asked to be released from the tenancy early as they purchased a house.
The landlord considered their request but decided he could not take the financial loss that would arise by releasing the tenants early.
The tenants told the landlord they were vacating the tenancy on 28 March 2024, Easter weekend.
The tenants produced text messages they say prove that the landlord agreed to them leaving the tenancy early.
The landlord says the text messages do not confirm that he agreed to release the tenants from the fixed term tenancy, only that he was seeking clarification about when they were leaving.
I agree with the landlord about what the text messages establish. Landlord takes possession
However, events that followed mean that the landlord took possession of the premises and by so doing brought the tenancy to an end.
First, the landlord took back the keys on 29 March. Then, from that day and over the next month, a friend of the landlord began moving into the premises; he had to give 4 weeks’ notice to end his own tenancy. He paid no rent during April and has paid only $500.00 during May 2024.
By allowing another person to take possession of the premises, even if he took 4 weeks to move in fully, the landlord took back possession of the premises from these tenants and granted possession to the new tenant. That he did not charge rent at first is not determinative.
Had these tenants changed their minds to limit their exposure to rent arrears, they could not have moved back to the premises; someone else was already moving in.
Had the landlord taken no actions after 28 March, I would have found these tenants liable for rent to 6 June 2024, the stated end date of the tenancy. But by taking back the keys and allowing another person to move in, the landlord took back possession of the premises and in doing so ended the tenancy with these tenants.
To find otherwise would mean that these tenants are expected to pay rent for another person residing at the premises as a tenant. Result
The tenancy ended by the landlord taking possession on 28 March 2024 and allowing another person to take possession progressively from 29 March 2024.
The landlord’s claim for rent ends as of 28 March 2024. There were no arrears of rent at that date and no rent is owed from that time on.
The landlord’s application is dismissed.
As the tenants’ application is successful, the landlord must pay their Tribunal filing fee of $20.44.
On my enquiry, neither party sought a name suppression order.

Tenancy Tribunal case 4896263 — Rent arrears at 9 Kandinsky Close, Rolleston, Rolleston 7614

At a glance

Tenancy Tribunal case 4896263 — Rent arrears at 9 Kandinsky Close, Rolleston, Rolleston 7614

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions