What was the outcome of Tenancy Tribunal case 4900834?

The tribunal order states: Ashnil Ashish Kumar and Neerupa Devi must pay Real Property Management

How much money was awarded in case 4900834?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,457.14 awarded to landlord

What type of tenancy dispute was case 4900834?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4900834?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10782651-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4900834?

The tribunal order states: Ashnil Ashish Kumar and Neerupa Devi must pay Real Property Management

How much money was awarded in case 4900834?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,457.14 awarded to landlord

What type of tenancy dispute was case 4900834?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4900834?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10782651-Tenancy_Tribunal_Order.pdf.

161 Stanmore Road, Linwood, Christchurch 8011 Tenancy Tribunal Case 4900834 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4900834 — net $1,277.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 July 2024	$2,457.14	Rent arrears to 14 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,277.58
Total payable by Tenant to Landlord	$1,277.58

Ashnil Ashish Kumar and Neerupa Devi must pay Real Property Management Limited as Agent for McIntyre Family Trust $1,277.58 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,200.00 to Real Property Management Limited as Agent for McItnyre Family Trust immediately.

The landlord’s claim for exemplary damages for abandonment is dismissed.

The tenant’s application is dismissed.

Reasons

Both parties attended the hearing. Background and Landlord’s Application

The tenancy was for a fixed term expiring on 27 August 2024.

The landlord served a valid termination notice expiring on 27 August.

The tenants vacated the premises in May, and they claim that the landlord released them from the tenancy at the end of May. They paid rent to 4 June.

The landlord says that the tenants were not released and that they remained liable under the tenancy until the landlord decided, in July, to take back possession of the premises. The landlord claims rent arrears to 14 July in the sum of $2,457.14.

The tenants rely on an email they sent to the agents on 17 May stating, “Could you please give us a reference. And we want to move in the end of this month.” They also say that the landlord indicated earlier that they could vacate the premises when they chose to do so.

The agents responded to the tenant’s email by saying, “Yes, I can provide a reference. Can you please get them to ring me.”

The tenants say that it was reasonable for them to take that as meaning that the landlord was willing to release them from the tenancy from the end of May.

The agents say that their response merely confirmed that they would provide a reference, not that the tenants would be released from the tenancy at the end of May. I agree with the agents. It was not reasonable for the tenants to believe or rely on the agents’ response as confirmation that they would be released. The tenants were not asking to be released and the agents did not agree to a release.

The agents also referred to subsequent telephone conversations with Ms Devi in which they made it clear that there needed to be mutual agreement for a release and that the landlord had to make that decision. That is what I would expect an agent to do in these circumstances and I accept the agents’ evidence.

The agents played a recorded telephone conversation between their receptionist and Ms Devi on 21 May in which the receptionist told Ms Devi (wrongly in this case) that she would need to give 28 days notice of termination. Also, that she (Ms Devi) would need to speak to the property manager about being released from the tenancy.

The tenants’ evidence that they were told by the agents that they could end the tenancy at any time was not corroborated by other evidence and it is inherently unlikely. I cannot accept it. This was a formal written fixed term tenancy agreement, and I would expect a release to be dealt with clearly and formally.

It follows that the tenants remained liable to pay rent until they were released after 14 July. I have therefore awarded rent arrears to that date.

The landlord claims exemplary damages for abandonment. Technically this was an abandonment. The tenants left the premises not intending to return. But the circumstances do not warrant an award of exemplary damages. They told the landlord what they intended doing and I accept that they believed they were entitled to do it. I have found against on them on that, but it does not follow that their actions were intentionally to abandon the premises. I therefore dismiss the landlord’s claim for exemplary damages. Tenants’ Application

The tenants’ application seeks release from the fixed term tenancy. It follows from my findings that the application must be dismissed. Filing Fee

The landlord has largely succeeded and so I have awarded the filing fee. Bond

The bond will be paid to the landlord and the tenants must pay the remaining liability. Payment

Payment is due immediately, but I hope that the parties can agree terms as to payment.

Claims and awards in Tenancy Tribunal application 4900834 — net $1,277.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 July 2024	$2,457.14	Rent arrears to 14 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,277.58
Total payable by Tenant to Landlord	$1,277.58

Order

Ashnil Ashish Kumar and Neerupa Devi must pay Real Property Management Limited as Agent for McIntyre Family Trust $1,277.58 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,200.00 to Real Property Management Limited as Agent for McItnyre Family Trust immediately.
The landlord’s claim for exemplary damages for abandonment is dismissed.
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing. Background and Landlord’s Application
The tenancy was for a fixed term expiring on 27 August 2024.
The landlord served a valid termination notice expiring on 27 August.
The tenants vacated the premises in May, and they claim that the landlord released them from the tenancy at the end of May. They paid rent to 4 June.
The landlord says that the tenants were not released and that they remained liable under the tenancy until the landlord decided, in July, to take back possession of the premises. The landlord claims rent arrears to 14 July in the sum of $2,457.14.
The tenants rely on an email they sent to the agents on 17 May stating, “Could you please give us a reference. And we want to move in the end of this month.” They also say that the landlord indicated earlier that they could vacate the premises when they chose to do so.
The agents responded to the tenant’s email by saying, “Yes, I can provide a reference. Can you please get them to ring me.”
The tenants say that it was reasonable for them to take that as meaning that the landlord was willing to release them from the tenancy from the end of May.
The agents say that their response merely confirmed that they would provide a reference, not that the tenants would be released from the tenancy at the end of May. I agree with the agents. It was not reasonable for the tenants to believe or rely on the agents’ response as confirmation that they would be released. The tenants were not asking to be released and the agents did not agree to a release.
The agents also referred to subsequent telephone conversations with Ms Devi in which they made it clear that there needed to be mutual agreement for a release and that the landlord had to make that decision. That is what I would expect an agent to do in these circumstances and I accept the agents’ evidence.
The agents played a recorded telephone conversation between their receptionist and Ms Devi on 21 May in which the receptionist told Ms Devi (wrongly in this case) that she would need to give 28 days notice of termination. Also, that she (Ms Devi) would need to speak to the property manager about being released from the tenancy.
The tenants’ evidence that they were told by the agents that they could end the tenancy at any time was not corroborated by other evidence and it is inherently unlikely. I cannot accept it. This was a formal written fixed term tenancy agreement, and I would expect a release to be dealt with clearly and formally.
It follows that the tenants remained liable to pay rent until they were released after 14 July. I have therefore awarded rent arrears to that date.
The landlord claims exemplary damages for abandonment. Technically this was an abandonment. The tenants left the premises not intending to return. But the circumstances do not warrant an award of exemplary damages. They told the landlord what they intended doing and I accept that they believed they were entitled to do it. I have found against on them on that, but it does not follow that their actions were intentionally to abandon the premises. I therefore dismiss the landlord’s claim for exemplary damages. Tenants’ Application
The tenants’ application seeks release from the fixed term tenancy. It follows from my findings that the application must be dismissed. Filing Fee
The landlord has largely succeeded and so I have awarded the filing fee. Bond
The bond will be paid to the landlord and the tenants must pay the remaining liability. Payment
Payment is due immediately, but I hope that the parties can agree terms as to payment.

Tenancy Tribunal case 4900834 — Rent arrears at 161 Stanmore Road, Linwood, Christchurch 8011

At a glance

Tenancy Tribunal case 4900834 — Rent arrears at 161 Stanmore Road, Linwood, Christchurch 8011

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions