What was the outcome of Tenancy Tribunal case 4909635?

The tribunal order states: Sarah Cummings and Tim Cummings must pay 2Sp Freedom Property Limited

How much money was awarded in case 4909635?

Filing Fee: $20.44 awarded to landlord; Re-Advertising Fee: $199.00 awarded to landlord

What type of tenancy dispute was case 4909635?

The dispute type was not classified.

Where can I read the official tribunal order for case 4909635?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10854740-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4909635?

The tribunal order states: Sarah Cummings and Tim Cummings must pay 2Sp Freedom Property Limited

How much money was awarded in case 4909635?

Filing Fee: $20.44 awarded to landlord; Re-Advertising Fee: $199.00 awarded to landlord

What type of tenancy dispute was case 4909635?

The dispute type was not classified.

Where can I read the official tribunal order for case 4909635?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10854740-Tenancy_Tribunal_Order.pdf.

6 Motueka Street, Nelson South, Nelson 7010 Tenancy Tribunal Case 4909635 — Tenancy dispute

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

6 Motueka Street, Nelson South, Nelson 7010 Tenancy Tribunal Case 4909635 — 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 4909635 — net $219.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Re-advertising fee	$199.00	Re-advertising fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$219.44
Total payable by Tenant to Landlord	$219.44

Claims and awards for application 4909635 — net $219.44 NZD. Verify on MoJ.

Re-advertising fee

Amount: $199.00
Awarded to: Landlord
Reason: Re-advertising fee

Filing fee reimbursement

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

Net award

Landlord $219.44

Total payable by Tenant to Landlord

Landlord $219.44

Claim types — money lines allowed on this order

Filing Fee

Order

Sarah Cummings and Tim Cummings must pay 2Sp Freedom Property Limited $219.44 immediately, calculated as shown in table below:

Reasons

The landlord attended the hearing represented by Mr Pope. There was no appearance for the tenants, and they did not answer the number of calls made to their phone numbers. They had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
The parties formally contracted for a tenancy over this premise on 8 May 2024. The tenancy was to commence on 1 June however on 14 May the tenants advised the landlord they had found an alternative tenancy and would not be continuing with the contracted one.
The landlord immediately commenced re-advertising and was able to secure alternative tenants. They now seek the cost of having to re-advertise.
Although the tenants did not appear, Mr Pope tells me Ms Cummings is of the view they should not have to pay because they sent him other potential tenants he could have chosen from to avoid this fee. He says they did follow up on some of those people however they were inappropriate.
Section 44A of the Residential Tenancies Act 1986 (the RTA) states that a landlord who consents to the termination of a tenancy outside of the usual procedures allowed for in the RTA, is entitled to recover any expenses reasonably incurred within that process. Section 49 of the RTA requires them to mitigate their loss in doing so.
I am satisfied that the landlord did act reasonably. The tenants had signed a contract for a tenancy. When they reneged on that the landlord immediately re-advertised and was successful in that process which mitigated a further claim against these tenants. The landlord would not have incurred the readvertising fee had it not been for these tenants’ actions in failing to complete their contract.
Accordingly, I find it reasonable that the tenants reimburse the landlord for the costs they incurred and as such the order is made as sought.
Because 2Sp Freedom Property Limited 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 4909635 — net $219.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Re-advertising fee	$199.00	Re-advertising fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$219.44
Total payable by Tenant to Landlord	$219.44

Claims and awards for application 4909635 — net $219.44 NZD. Verify on MoJ.

Re-advertising fee

Amount: $199.00
Awarded to: Landlord
Reason: Re-advertising fee

Filing fee reimbursement

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

Net award

Landlord $219.44

Total payable by Tenant to Landlord

Landlord $219.44

Claim types — money lines allowed on this order

Filing Fee

Order

Sarah Cummings and Tim Cummings must pay 2Sp Freedom Property Limited $219.44 immediately, calculated as shown in table below:

Reasons

The landlord attended the hearing represented by Mr Pope. There was no appearance for the tenants, and they did not answer the number of calls made to their phone numbers. They had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
The parties formally contracted for a tenancy over this premise on 8 May 2024. The tenancy was to commence on 1 June however on 14 May the tenants advised the landlord they had found an alternative tenancy and would not be continuing with the contracted one.
The landlord immediately commenced re-advertising and was able to secure alternative tenants. They now seek the cost of having to re-advertise.
Although the tenants did not appear, Mr Pope tells me Ms Cummings is of the view they should not have to pay because they sent him other potential tenants he could have chosen from to avoid this fee. He says they did follow up on some of those people however they were inappropriate.
Section 44A of the Residential Tenancies Act 1986 (the RTA) states that a landlord who consents to the termination of a tenancy outside of the usual procedures allowed for in the RTA, is entitled to recover any expenses reasonably incurred within that process. Section 49 of the RTA requires them to mitigate their loss in doing so.
I am satisfied that the landlord did act reasonably. The tenants had signed a contract for a tenancy. When they reneged on that the landlord immediately re-advertised and was successful in that process which mitigated a further claim against these tenants. The landlord would not have incurred the readvertising fee had it not been for these tenants’ actions in failing to complete their contract.
Accordingly, I find it reasonable that the tenants reimburse the landlord for the costs they incurred and as such the order is made as sought.
Because 2Sp Freedom Property Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4909635 — Tenancy dispute at 6 Motueka Street, Nelson South, Nelson 7010

At a glance

Tenancy Tribunal case 4909635 — Tenancy dispute at 6 Motueka Street, Nelson South, Nelson 7010

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