What was the outcome of Tenancy Tribunal case 4979613?

The tribunal order states: Vision Realty Management Limited As Agent For Lisa Wang is granted

How much money was awarded in case 4979613?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,326.00 awarded to landlord; Storage: $767.05 awarded to landlord

What type of tenancy dispute was case 4979613?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4979613?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10920705-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4979613?

The tribunal order states: Vision Realty Management Limited As Agent For Lisa Wang is granted

How much money was awarded in case 4979613?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,326.00 awarded to landlord; Storage: $767.05 awarded to landlord

What type of tenancy dispute was case 4979613?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4979613?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10920705-Tenancy_Tribunal_Order.pdf.

4 Cyclamen Place, Aidanfield, Christchurch 8025 Tenancy Tribunal Case 4979613 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4979613 — net $80.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,326.00	Rent arrears
Storage	$767.05	Storage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$80.05
Total payable by Tenant to Landlord	$80.05

Vision Realty Management Limited As Agent For Lisa Wang is granted possession of the premises at 4 Cyclamen Place, Aidanfield, Christchurch 8025 at 11.59am on Friday 11 October 2024.

Callum Farrell and Levi Coombs must pay Vision Realty Management Limited As Agent For Lisa Wang $80.05 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $2,040.00 to Vision Realty Management Limited As Agent For Lisa Wang immediately.

All other applications are dismissed.

Reasons

The landlord attended this remote hearing on 3 October 2024.

The tenant Levi Coombs attended the hearing. Telephone calls to the tenant Callum Farrell were not able to be connected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given .

The landlord has applied for possession of the premises following the termination of the tenancy.

This was a fixed term tenancy to end on 3 September 2024. Two months prior to the expiry of the fixed term tenancy, the tenant Callum Farrell gave the landlord notice of his intention not to carry on with either a further fixed or periodic tenancy of the premises.

Tenants under a tenancy agreement are what is called “jointly and severally liable”. This means that each individual tenant is responsible under the terms of the tenancy and the tenants together are also responsible under the terms of the tenancy.

Notice of termination from one tenant is considered to be notice to terminate the tenancy (see Takarangi v Summit Property Management Limited [2023] NZDC and Ritchie v Bannerman[2017] NZTT 4067911- which both relate to periodic tenancies). This is not a request to terminate a fixed term tenancy early, which does require the application to be on behalf of all tenants.

Notice having been given by one tenant that he did not wish the tenancy to continue after the expiry of the fixed term tenancy was effective to end the tenancy. It did not require notice from both tenants. That being the position, the existing tenancy could not be renewed or assigned.

The tenant Coombs said he was not aware for some time that his co-tenant had given notice to the landlord. The landlord extended the period during which the tenant Coombs could stay on for two weeks. This made the final date for the tenancy 17 September 2024.

The landlord showed the premises to prospective new tenants. The new tenants signed a tenancy agreement to commence on 20 September 2024.

The landlord tried to arrange a final inspection of the premises on 17 September 2024.The tenant Coombs said that he had not been given enough notice of the termination of the tenancy and refused to leave. The tenant Coombs remains at the premises as of the date of the hearing.

Having found that the tenancy ended at the end of the fixed term tenancy, no further notice to the tenant Coombs was required. It was no doubt frustrating that his co-tenant had ended the tenancy without informing him, but that is not a matter for the landlord to resolve.

The tenancy ended on 17 September 2024, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

Possession is granted to the landlord at 11.59 am on Friday 11 October 2024.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing on that date will be $1,326.00.

The tenant was obliged to return vacant possession to the landlord on 17 September 2024. The tenant did not do so. The landlord seeks compensation for storage costs that have been incurred by the new tenants and passed onto the landlord of $767.05. It would have been foreseeable to the tenants that staying on at the premises would have resulted in replacement tenants being unable to enter with the resultant costs. The landlord has provided an invoice for the costs in support and the amount claimed is reasonable.

The tenants are jointly and severally liable for the orders made by the Tribunal.

As Vision Realty Management Limited As Agent For Lisa Wang has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4979613 — net $80.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,326.00	Rent arrears
Storage	$767.05	Storage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$80.05
Total payable by Tenant to Landlord	$80.05

Order

Vision Realty Management Limited As Agent For Lisa Wang is granted possession of the premises at 4 Cyclamen Place, Aidanfield, Christchurch 8025 at 11.59am on Friday 11 October 2024.
Callum Farrell and Levi Coombs must pay Vision Realty Management Limited As Agent For Lisa Wang $80.05 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,040.00 to Vision Realty Management Limited As Agent For Lisa Wang immediately.
All other applications are dismissed.

Reasons

The landlord attended this remote hearing on 3 October 2024.
The tenant Levi Coombs attended the hearing. Telephone calls to the tenant Callum Farrell were not able to be connected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given .
The landlord has applied for possession of the premises following the termination of the tenancy.
This was a fixed term tenancy to end on 3 September 2024. Two months prior to the expiry of the fixed term tenancy, the tenant Callum Farrell gave the landlord notice of his intention not to carry on with either a further fixed or periodic tenancy of the premises.
Tenants under a tenancy agreement are what is called “jointly and severally liable”. This means that each individual tenant is responsible under the terms of the tenancy and the tenants together are also responsible under the terms of the tenancy.
Notice of termination from one tenant is considered to be notice to terminate the tenancy (see Takarangi v Summit Property Management Limited [2023] NZDC and Ritchie v Bannerman[2017] NZTT 4067911- which both relate to periodic tenancies). This is not a request to terminate a fixed term tenancy early, which does require the application to be on behalf of all tenants.
Notice having been given by one tenant that he did not wish the tenancy to continue after the expiry of the fixed term tenancy was effective to end the tenancy. It did not require notice from both tenants. That being the position, the existing tenancy could not be renewed or assigned.
The tenant Coombs said he was not aware for some time that his co-tenant had given notice to the landlord. The landlord extended the period during which the tenant Coombs could stay on for two weeks. This made the final date for the tenancy 17 September 2024.
The landlord showed the premises to prospective new tenants. The new tenants signed a tenancy agreement to commence on 20 September 2024.
The landlord tried to arrange a final inspection of the premises on 17 September 2024.The tenant Coombs said that he had not been given enough notice of the termination of the tenancy and refused to leave. The tenant Coombs remains at the premises as of the date of the hearing.
Having found that the tenancy ended at the end of the fixed term tenancy, no further notice to the tenant Coombs was required. It was no doubt frustrating that his co-tenant had ended the tenancy without informing him, but that is not a matter for the landlord to resolve.
The tenancy ended on 17 September 2024, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
Possession is granted to the landlord at 11.59 am on Friday 11 October 2024.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing on that date will be $1,326.00.
The tenant was obliged to return vacant possession to the landlord on 17 September 2024. The tenant did not do so. The landlord seeks compensation for storage costs that have been incurred by the new tenants and passed onto the landlord of $767.05. It would have been foreseeable to the tenants that staying on at the premises would have resulted in replacement tenants being unable to enter with the resultant costs. The landlord has provided an invoice for the costs in support and the amount claimed is reasonable.
The tenants are jointly and severally liable for the orders made by the Tribunal.
As Vision Realty Management Limited As Agent For Lisa Wang has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4979613 — Rent arrears at 4 Cyclamen Place, Aidanfield, Christchurch 8025

At a glance

Tenancy Tribunal case 4979613 — Rent arrears at 4 Cyclamen Place, Aidanfield, Christchurch 8025

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