What was the outcome of Tenancy Tribunal case 4998168?

The tribunal order states: The Bond Centre is to pay the bond of $6,800.00 (6527288-001) to Climber

How much money was awarded in case 4998168?

Property Damage: $385.25 awarded to landlord; Rent Arrears: $7,285.71 awarded to landlord; Wardrobe Handle And Paint Work: $300.00 awarded to landlord

What type of tenancy dispute was case 4998168?

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

Where can I read the official tribunal order for case 4998168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11167453-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4998168?

The tribunal order states: The Bond Centre is to pay the bond of $6,800.00 (6527288-001) to Climber

How much money was awarded in case 4998168?

Property Damage: $385.25 awarded to landlord; Rent Arrears: $7,285.71 awarded to landlord; Wardrobe Handle And Paint Work: $300.00 awarded to landlord

What type of tenancy dispute was case 4998168?

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

Where can I read the official tribunal order for case 4998168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11167453-Tenancy_Tribunal_Order.pdf.

38 Aldred Road, Remuera, Auckland 1050 Tenancy Tribunal Case 4998168 — Rent arrears

Claims and awards in Tenancy Tribunal application 4998168 — net $1,170.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 Sep 2024	$7,285.71	Rent arrears to 27 Sep 2024
Repairs: Wardrobe handle and paint work	$300.00	Repairs: Wardrobe handle and paint work
Lock/key replacement	$385.25	Lock/key replacement
Net award	$1,170.96
Total payable by Tenant to Landlord	$1,170.96

Claims and awards in Tenancy Tribunal application 4998168 — net $1,170.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 Sep 2024	$7,285.71	Rent arrears to 27 Sep 2024
Repairs: Wardrobe handle and paint work	$300.00	Repairs: Wardrobe handle and paint work
Lock/key replacement	$385.25	Lock/key replacement
Net award	$1,170.96
Total payable by Tenant to Landlord	$1,170.96

Order

The Bond Centre is to pay the bond of $6,800.00 (6527288-001) to Climber Property Limited As Agent For Chunhui Lu Prashant Jett immediately.
Birgette McCarthy must pay Climber Property Limited As Agent For Chunhui Lu Prashant Jett $1,170.96 immediately, calculated as per the table below:

Reasons

Both parties attended the hearing.
The tenant has applied for refund of the bond and name suppression. The tenant submits she gave valid notice to end the fixed-term tenancy early following family violence under s56B of the Residential Tenancies Act 1986 (RTA).
The landlord does not accept that valid notice was given under s56B, and instead, says the parties agreed the fixed-term tenancy could come to an end on the condition the tenant met the costs of breaking the fixed term tenancy early. The landlord has cross-applied for rent arrears, compensation for cleaning, refund of the bond, and reimbursement of the filing fee. The tenancy
A fixed term tenancy agreement was signed on 18 March 2024. The fixed term of the tenancy was from 17 March 2024 to 31 March 2025.
It was not in dispute that the tenant moved out of the premises by 3 September 2024. However, the date that the tenancy came to an end was disputed, and therefore, the period for which the tenant was liable to pay rent.
The tenant submitted the tenancy came to an end on 29 August 2024, being 48 hours after she gave notice of withdrawal following family violence.
The landlord submits the tenancy came to an end on 27 September 2024. The landlord did not accept valid notice was given under s56B of the RTA and says the parties agreed on 31 July 2024 that the fixed-term tenancy would end once a new tenant was found. The new tenant’s tenancy commenced on 28 September 2024.

Did the tenant give notice to withdraw from the tenancy following family violence?

Section 56B of the RTA sets out the basis the tenant may withdraw from a tenancy. It states: 56B Withdrawal from tenancy following family violence (1) A tenant under a fixed-term or periodic tenancy may withdraw from the tenancy by giving at least 2 days’ notice to the landlord if— (a) the notice is accompanied by qualifying evidence that the tenant has been a victim of family violence while a tenant of the premises; and (b) the notice is in the approved form and includes the prescribed information. (2) If there are no other tenants under the tenancy at the time of the withdrawal, the tenancy terminates. (3) If there are other tenants (remaining tenants) under the tenancy at the time of the withdrawal,— (a) the tenant withdrawing from the tenancy (the withdrawing tenant) ceases to be responsible to the landlord for obligations under the tenancy agreement and this Act, except in respect of any liability for anything done or omitted to be done before the withdrawal; and (b) the tenancy continues in relation to the remaining tenants only; and (c) the withdrawing tenant must give each remaining tenant notice of the withdrawal no later than the close of the day that is 2 days after the date of the withdrawal; and (d) the amount of rent for which the remaining tenants are liable is reduced as set out in subsection (5) (unless subsection (6) applies).
Section (8) defines family violence as having the meaning given to it by section 9 of the Family Violence Act 2018. The definition includes physical, sexual or psychological abuse. 1 Family violence means violence inflicted against a person by any other person with whom that person is, or has been, in a family relationship.
The Residential Tenancies (Termination for Physical Assault by Tenant and Withdrawal Following Family Violence) Regulations 2022 (the Regulations) set out what must be included in the notice given under s56B of the RTA: 7Information to be included in withdrawal notice following family violence The information to be included in a notice under section 56B(1)(b) of the Act s— (a)the name of the withdrawing tenant; and (b)the address of the premises to which the notice relates; and (c)the date when the withdrawal will take effect.
The Regulations also state the types of qualifying evidence required to accompany the notice given under s56B of the RTA: 8Persons whose declarations are qualifying evidence The persons whose declarations may be qualifying evidence for the purposes of paragraph (a) of the definition of that term in section 56B(8) of the Act are as follows: [...] (h)a social worker registered with the Social Workers Registration Board: 9Types of qualifying evidence The types of qualifying evidence for the purposes of paragraph (b) of the definition of that term in section 56B(8) of the Act are all or any of the following: (a)a written statement from a person referred to in any of paragraphs (b) to (u) of regulation 8 stating that they have reasonable grounds to believe that the tenant is or was a victim of family violence while a tenant of the premises:
In this case, the tenant did not provide notice in the approved form and including the prescribed information. In addition, the notice that was given was 1 Section 9 of the Family Violence Act 2018. not accompanied by qualifying evidence. I find this in respect of the tenant’s emails sent 27 August 2024 and 4 September 2024.
On Tuesday 27 August 2024, the tenant emailed the landlord stating, “we will be moving Friday morning.” The tenant stated that there were safety concerns regarding the children in her care who were living at the property. The tenant stated the house would be empty from Saturday 31 August 2024.
Attached to the tenant’s email was a letter from a social worker employed by Oranga Tamariki, dated 10 May 2024. The letter stated the names of the children in the tenant’s care. The letter did not refer to any family violence or safety concerns. That is unsurprising, given the letter was dated some three months prior. The author of the letter is not registered as a social worker on the Social Workers Registration Board. 2
For these reasons, I find the tenant’s email on 27 August 2024 was not notice given in the approved form and was not accompanied by qualifying evidence.
After receiving the tenant’s email of 27 August 2024, on the same day, the landlord says he spoke to the tenant. He says he asked her to provide further evidence, such as a Police report. Essentially, he did not accept that notice had been validly given under s56B.
On 4 September 2024, the tenant sent the landlord a further email, 3 attaching another letter from the same Oranga Tamariki social worker. The tenant’s email had no content. The social worker’s letter stated a family member had “put the kids in danger by making threats of violence that have put the kids’ safety at risk,” and “also naming the property the children reside in.” The social worker’s letter did not include a statement that the social worker had reasonable grounds to believe that the tenant was a victim of family violence while a tenant of the premises.
I find the tenant did not give notice under s56B on 4 September 2024. Given the email sent to the landlord on that date was blank, the information required under reg 7 of the Regulations was not provided. I also find the email was not accompanied by qualifying evidence as the social worker was not registered as a social worker on the Social Workers Registration Board. 4 2 Pursuant to a search conducted on the Social Workers Registration Board, https://swrb.govt.nz on 6 December 2024. 3 The landlord claimed not to receive the email of 4 September 2024.The tenant stated she had received communication from the landlord using that email address on other occasions and produced an email from the landlord sent to her on 25 September 2024. That email has the landlord’s name and photo in the email signature. I am satisfied the tenant has provided evidence it was an email address the landlord has used to communicate with the tenant on other occasions. 4 Pursuant to a search conducted on the Social Workers Registration Board, https://swrb.govt.nz on 6 December 2024.
I find the tenant did not give notice under s56B of the RTA on either 27 August or 4 September 2024.
I note that in this case, the issue was the form of the notice given and the validity of the qualifying evidence. Tenants who seek the assistance of Oranga Tamariki in circumstances such as this should be able to rely on the agency providing the appropriate qualifying evidence by a qualified person, as well as guidance to the tenant to ensure the correct notice is given. A template notice in the approved form is available for download on the Tenancy Tribunal website.
I further note that the Tenancy Tribunal will not look behind, that is question the evidential basis for, a withdrawal from a tenancy based on family violence so long as it is given in the prescribed form and with qualifying evidence. In this case, all that would have been required was a statement from a registered social worker stating they had reasonable grounds to believe that the tenant is or was a victim of family violence while a tenant of the premises.
As the Tribunal has no grounds to question the evidential basis for such a statement, it follows that a landlord has no grounds to question the evidential basis of a declaration made by someone under reg 8 of the Regulations.

When did the tenancy come to an end?

The tenant accepted that, had it not been for the safety concerns that arose on 27 August 2024, the tenancy was to come to an agreed end once new tenants had been found for the property.
It was not in dispute that on 31 July 2024 the tenant had contacted the landlord and requested the fixed term tenancy come to an early end. Her reasons at that time related to financial hardship. It was also not in dispute that, on 31 July 2024, the landlord agreed to the tenancy coming to an end on the condition that the tenant would be liable to pay rent up until a new tenancy commenced. 5
The landlord provided rent records which prove the amount owing to 27 September 2024. Accordingly, I make an order for rent arrears to that date.

Did the tenant agree to paying the costs of breaking the fixed term tenancy?

The landlord stated that on 31 July 2024, following the tenant’s request to end the tenancy early, he emailed the tenant a copy of the Early Termination Agreement which set out an estimation of the costs of re-tenanting the property. He says it was made clear to the tenant that she would be liable for those costs, as well as rent up until a new tenancy commenced. He says the early termination costs were capped at $1,700, being one week’s rent. 5 The landlord says there were further conditions, which I discuss at [25] onwards.
Clause 51 of the tenancy agreement states that if the tenant wishes to vacate the fixed term tenancy early, they must submit a request in writing seeking the landlord’s consent. It further states the landlord reserves the right to grant or decline the request and that, if the landlord consents to ending the fixed term early, the landlord may place conditions on their consent. It states that, under s44A of the RTA, the landlord will provide an itemised breakdown of these reasonable costs. It then says the landlord and tenant will enter into an agreement and that the tenant will be liable for the rent and other matters contained in the agreement.
The landlord did not produce a copy of the email he submits he sent to the tenant on 31 July 2024 and which he stated attached a copy of the Early Termination Agreement. The landlord did produce an unsigned copy of the Early Termination Agreement but confirmed that the agreement was not signed by the tenant.
The landlord produced an invoice for $1,700 for “breaking fixed term agreement cost” which is addressed to the tenant and dated 18 October 2024. The landlord stated the invoice was never sent to the tenant. He stated he did not send it because by that point the Tenancy Tribunal proceedings had been commenced.
The tenant says she recalls a conversation in which the landlord said she would be liable for the cost of holding viewings, but says she wanted to check if that was something she should agree to. She says she did not receive an estimate of what the cost of the viewings would be and says she did not receive the Early Termination Agreement. The tenant says, had she received it, she would have disputed the total cost sought by the landlord.
I am not satisfied that it is more likely than not that the tenant agreed to the early termination costs as sought by the landlord. The landlord has not produced evidence the tenant received a copy of the Early Termination Agreement, nor that she agreed to be bound by the terms of that agreement. I also find the landlord did not provide an itemised breakdown of the reasonable costs to the tenant pursuant to s44A(2) of the RTA.
I dismiss the landlord’s claim for compensation for early termination costs.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant accepts she is liable for the cost of replacing a wardrobe door handle (the handle fitting was returned by the tenant, but the landlord had to re- install it) and accepts she is liable for the cost of some paint touch-ups where she had used the wrong colour paint. The tenant submitted $300 would be reasonable compensation for those items.
I am satisfied $300 is reasonable compensation for the cost of re-installing the wardrobe door and re-painting some sections of the walls. I make an order accordingly.
The tenant also accepted a garage door remote was not returned. The tenant accepted the landlord was entitled to the compensation sought for that, being $385.25. I make an order accordingly.
The landlord seeks compensation of $960.25 for cleaning and repair work. The invoice dated 9 September 2024 refers to cleaning various parts of the house, and notes that the wardrobe door handle is missing, but does not itemise any repair work. Despite this, the landlord states the invoice was for cleaning and work done including the paint touch-ups and re-installing the wardrobe door handle.
A tenant is not required to leave a property in an immaculate standard of cleanliness. The standard is what an average, reasonable bystander would consider “reasonably tidy.
I am not satisfied that the photos taken during the outgoing inspection on 31 August 2024 show the tenant did not leave the premises reasonably clean and tidy. I accept there was some sanding dust on the fireplace as a result of the tenant’s repairs to the walls, and that the kitchen bench had a few crumbs, but I do not consider those minor imperfections meant the premises were not “reasonably clean and reasonably tidy.”
Most of the areas circled by the landlord in the final inspection photos relate to patches on the wall which required re-painting. The tenant has accepted liability for those touch-ups, and I have made an order accordingly.
I dismiss the landlord’s claim for compensation for cleaning.

Should the landlord receive reimbursement of the filing fee?

Both parties filed claims in the Tenancy Tribunal. I consider it appropriate that each party cover the cost of their filing fee and do not award reimbursement to either party.

Should the Tribunal issue an order for name suppression?

The tenant sought suppression of her name. However, the tenant was not wholly or substantially successful.
I have considered whether I should grant a name suppression order for the tenant having regard to the interests of the parties and public interest under Section 95A(4) RTA.
I am mindful that open justice is a fundamental principle in our legal system. The issue here I need to consider is whether suppressing the tenant’s name and identifying details outweigh the interest of the open justice reporting principle. In considering this, I note that the tenant no longer lives at the address, therefore I am not satisfied any safety concerns arise for the tenant.
The application for name suppression and identifying details is declined for the following reasons: a. It is common for parties appearing before the Tribunal to seek suppression orders. But that is not of itself a sufficient reason to make the order. b. The disputes before me are not unusual or other than the ordinary business of the Tribunal. c. The open justice principle requires the outcome of adjudication to be available to the public; and d. Weighing up the interests of the tenant and the public interest, the public interest outweighs the tenant’s interests.
Accordingly, no order is made for suppression of the tenant’s name and identifying details.

Tenancy Tribunal case 4998168 — Rent arrears at 38 Aldred Road, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 4998168 — Rent arrears at 38 Aldred Road, Remuera, Auckland 1050

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant give notice to withdraw from the tenancy following family violence?

When did the tenancy come to an end?

Did the tenant agree to paying the costs of breaking the fixed term tenancy?

Did the tenant comply with their obligations at the end of the tenancy?

Should the landlord receive reimbursement of the filing fee?

Should the Tribunal issue an order for name suppression?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant give notice to withdraw from the tenancy following family violence?

When did the tenancy come to an end?

Did the tenant agree to paying the costs of breaking the fixed term tenancy?

Did the tenant comply with their obligations at the end of the tenancy?

Should the landlord receive reimbursement of the filing fee?

Should the Tribunal issue an order for name suppression?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions