What was the outcome of Tenancy Tribunal case 4976890?

The tribunal order states: Siyabonga Hlophe must pay Akshi Kobbekaduwa and Jeevaka Kobbekaduwa

How much money was awarded in case 4976890?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $13,264.83 awarded to landlord; Property Damage: $750.00 awarded to landlord

What type of tenancy dispute was case 4976890?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4976890?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11191253-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4976890?

The tribunal order states: Siyabonga Hlophe must pay Akshi Kobbekaduwa and Jeevaka Kobbekaduwa

How much money was awarded in case 4976890?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $13,264.83 awarded to landlord; Property Damage: $750.00 awarded to landlord

What type of tenancy dispute was case 4976890?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4976890?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11191253-Tenancy_Tribunal_Order.pdf.

4A Turkington Street, Tawa, Wellington 5028 Tenancy Tribunal Case 4976890 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4976890 — net $11,476.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$13,264.83	Rent arrears
Repairs: Wall damage by consent	$750.00	Repairs: Wall damage by consent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,476.83
Total payable by Tenant to Landlord	$11,476.83

Both parties attended the hearing by telephone.

The landlord has applied for rent arrears, compensation, reimbursement of the filing fee and refund of the bond. The Tenant applied to be released from the fixed term tenancy early.

This was a fixed term tenancy that started on 5 December 2023 and was due to end on 4 December 2024. Due to a change in the Tenants personal circumstances, they asked to end the tenancy early and vacated the property on 17 August 2024. The Landlord agreed to end the tenancy early provided they pay the advertising fee and find a Tenant to replace them until the end of the tenancy.

The parties agreed at the hearing for the Tenant to pay the wall damages of $750.00.

How much is owed in rent arrears?

The Landlord claimed rent arrears from the 18 August 2024 to the 2 December 2024 less a few days that they had short stay visitors. This was because it was a fixed term tenancy and a condition of the tenancy to end the term early, was for the Tenant to find someone to move in for the duration of the tenancy. The Tenant had referred some prospective Tenants in July 2024. The Tenant stated that the Landlord did not accept them because they would not agree to a six- month tenancy however the Tenant stated they only needed to fulfil the remaining period of his tenancy.

The Landlord refuted this stating the prospective Tenants he sent were initially keen to move in but then they found another property and changed their minds. This was out of the Landlord’s control however it resulted in the Landlord suffering financial hardship because there were no rent payments going towards her mortgage. The Landlord was able to secure a few days of short stay visitors but sought the balance of the rent arrears from 18 August 2024 to 2 December 2024. The Landlord provided a rent summary to prove the rent arrears.

The Tenant was unable to pay this substantial amount of rent arrears and sought to be released from the tenancy on 17 August 2024. The Tenant did not provide any solid evidence of hardship to support his application for a reduction of the tenancy but relied on the fact that he referred prospective tenants to the Landlord.

In considering the evidence, I find the Landlord's argument convincing that the prospective tenants no longer wished to move into the property and the Landlord did not compel them to stay for six months or longer. The Tribunal noted the friendly relationship between the parties and saw no reason for the Landlord to make it difficult for the Tenant to leave the tenancy. As a result, the Tenant remains liable for rent until 2 December 2024. Utilities

The Landlord appeared to seek compensation for utilities and provided this evidence after the hearing however this was not part of their claims in their application. A party cannot bring a new claim that was not requested in their application on the day of the hearing unless the other party consents.

For this reason, I have not considered the Landlord’s claims for compensation in respect of the utility bills.

As Akshi Kobbekaduwa, Jeevaka Kobbekaduwa has substantially succeeded with the claim the Tenant shall reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4976890 — net $11,476.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$13,264.83	Rent arrears
Repairs: Wall damage by consent	$750.00	Repairs: Wall damage by consent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$11,476.83
Total payable by Tenant to Landlord	$11,476.83

Order

Siyabonga Hlophe must pay Akshi Kobbekaduwa and Jeevaka Kobbekaduwa $11,476.83 immediately, being rent arrears to 2 December 2024.
The Bond Centre is to pay the bond of $2,565.00 (6485646-006) to Akshi Kobbekaduwa and Jeevaka Kobbekaduwa immediately.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied for rent arrears, compensation, reimbursement of the filing fee and refund of the bond. The Tenant applied to be released from the fixed term tenancy early.
This was a fixed term tenancy that started on 5 December 2023 and was due to end on 4 December 2024. Due to a change in the Tenants personal circumstances, they asked to end the tenancy early and vacated the property on 17 August 2024. The Landlord agreed to end the tenancy early provided they pay the advertising fee and find a Tenant to replace them until the end of the tenancy.
The parties agreed at the hearing for the Tenant to pay the wall damages of $750.00.

How much is owed in rent arrears?

The Landlord claimed rent arrears from the 18 August 2024 to the 2 December 2024 less a few days that they had short stay visitors. This was because it was a fixed term tenancy and a condition of the tenancy to end the term early, was for the Tenant to find someone to move in for the duration of the tenancy. The Tenant had referred some prospective Tenants in July 2024. The Tenant stated that the Landlord did not accept them because they would not agree to a six- month tenancy however the Tenant stated they only needed to fulfil the remaining period of his tenancy.
The Landlord refuted this stating the prospective Tenants he sent were initially keen to move in but then they found another property and changed their minds. This was out of the Landlord’s control however it resulted in the Landlord suffering financial hardship because there were no rent payments going towards her mortgage. The Landlord was able to secure a few days of short stay visitors but sought the balance of the rent arrears from 18 August 2024 to 2 December 2024. The Landlord provided a rent summary to prove the rent arrears.
The Tenant was unable to pay this substantial amount of rent arrears and sought to be released from the tenancy on 17 August 2024. The Tenant did not provide any solid evidence of hardship to support his application for a reduction of the tenancy but relied on the fact that he referred prospective tenants to the Landlord.
In considering the evidence, I find the Landlord's argument convincing that the prospective tenants no longer wished to move into the property and the Landlord did not compel them to stay for six months or longer. The Tribunal noted the friendly relationship between the parties and saw no reason for the Landlord to make it difficult for the Tenant to leave the tenancy. As a result, the Tenant remains liable for rent until 2 December 2024. Utilities
The Landlord appeared to seek compensation for utilities and provided this evidence after the hearing however this was not part of their claims in their application. A party cannot bring a new claim that was not requested in their application on the day of the hearing unless the other party consents.
For this reason, I have not considered the Landlord’s claims for compensation in respect of the utility bills.
As Akshi Kobbekaduwa, Jeevaka Kobbekaduwa has substantially succeeded with the claim the Tenant shall reimburse the filing fee.

Tenancy Tribunal case 4976890 — Rent arrears at 4A Turkington Street, Tawa, Wellington 5028

At a glance

Tenancy Tribunal case 4976890 — Rent arrears at 4A Turkington Street, Tawa, Wellington 5028

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed in rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed in rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions