What was the outcome of Tenancy Tribunal case 5115328?

The tribunal order states: Angelina Tiny King must pay Lodge City Rentals Limited As Agent For Paras

How much money was awarded in case 5115328?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $262.20 awarded to landlord; Rent Arrears: $5,785.71 awarded to landlord; Rubbish Removal: $138.00 awarded to landlord

What type of tenancy dispute was case 5115328?

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

Where can I read the official tribunal order for case 5115328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11494150-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5115328?

The tribunal order states: Angelina Tiny King must pay Lodge City Rentals Limited As Agent For Paras

How much money was awarded in case 5115328?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $262.20 awarded to landlord; Rent Arrears: $5,785.71 awarded to landlord; Rubbish Removal: $138.00 awarded to landlord

What type of tenancy dispute was case 5115328?

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

Where can I read the official tribunal order for case 5115328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11494150-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 58 Primrose Street, Frankton, Hamilton 3204 Tenancy Tribunal Case 5115328 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5115328 — net $4,412.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 February 2025	$5,785.71	Rent arrears to 11 February 2025
Lawns and Garden work	$200.00	Lawns and Garden work
Rubbish removal	$138.00	Rubbish removal
Lock/key replacement	$262.20	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,412.91
Total payable by Tenant to Landlord	$4,412.91

Angelina Tiny King must pay Lodge City Rentals Limited As Agent For Paras Sachdev $4,412.91 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $2,000.00 (3187258-014) to Lodge City Rentals Limited As Agent For Paras Sachdev immediately.

The landlord’s application for compensation for reimbursement of “break fee costs” is dismissed.

Reasons

Both parties attended the hearing.

The landlord has applied for rent to 10 February 2025, compensation for costs associated with the tenant breaking the fixed term and replacement of locks and the filing fee.

Does the tenant owe rent and, if so, how much?

The tenancy is a fixed-term tenancy with an end date of 12 July 2025. In November 2024, the tenant sent an email to the landlord giving notice that she wished to terminate the tenancy with effect from 11 December 2024. The landlord responded advising that it was a fixed term tenancy so it could not be terminated on notice. The landlord went on to say that they would try to find new tenants. The landlord also advised the tenant that she would be responsible for the rent until the earlier of the date the new tenants moved in or the end date of the tenancy and other costs including advertisings, property viewings etc.

The tenant vacated the premises on 11 December 2024.

The tenant says she vacated the premises because there were issues with mould and dampness in the premises which were making her sick. The tenant has not lodged a counter claim for these matters or a claim to the Tribunal to reduce the term of the fixed term tenancy under section 66 of the Residential Tenancies Act 1986 (RTA). During the hearing, the tenant was given the opportunity for the hearing to be adjourned for a period of time to allow her to lodge these claims. However, the tenant said she did not wish to do so.

The landlord said that the premises were advertised in November 2024 and from 22 November 2024 until 05 February 2025 there were around 12 viewings of the premises. The new tenants moved in on 12 February 2025.

The landlord is claiming rent arrears to 11 February 2025.

A fixed-term tenancy is a tenancy for a fixed term which cannot be terminated by notice before the end of the term, except as provided for in the RTA or by agreement between the parties. Under a fixed term tenancy, a tenant is liable for rent for the duration of the fixed term. This is subject to the landlord’s duty to mitigate its losses by finding other tenants. I am satisfied that the landlord took reasonable steps to mitigate its losses in respect of rent.

This claim for rent arrears is proved and rent is awarded to 10 February 2025. Does the tenant owe the landlord other costs associated with the tenant breaking the fixed term?

The landlord is claiming $494.50 (including GST) for a fee to tidy up the garden: lawn mowing, weed spraying, hedges trimming and remove rubbish from bins prior to the new tenants moving in. The landlord has provided an invoice to support this claim.

The tenant says when she vacated the premises in December, the gardens were clean and tidy. The landlord does not dispute this but says the tenant is responsible for these costs because they are related to her breaking the fixed term.

I find that there were costs incurred in maintaining the garden which are directly related to the tenant breaking the fixed term. However, I am not satisfied that these costs were reasonable. Section 49 of the RTA provides that where a party breaches a provision of the tenancy agreement or the RTA, the other party “shall take all reasonable steps to limit the damage or loss arising from that breach ...”

I am of the view that the landlord could have mitigated these losses by having maintenance garden work performed on a regular basis. I consider the amount charged to be excessive and award $200 (inclusive of GST).

The landlord has also claimed $250 for costs associated with breaking the fixed tern including advertising, fees charged to conduct viewings etc. As the applicant for this claim, the landlord has the burden of proof. I have not been provided with any proof such as invoices that the landlord incurred these costs (and, for this reason, I dismiss this claim.

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

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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.

The tenant did not remove all rubbish and did not return the keys.

The amounts ordered are proved. Filing fee:

Lodge City Rentals Limited As Agent For Paras Sachdev has substantially succeeded with the claim. For this reason, I have ordered reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5115328 — net $4,412.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 February 2025	$5,785.71	Rent arrears to 11 February 2025
Lawns and Garden work	$200.00	Lawns and Garden work
Rubbish removal	$138.00	Rubbish removal
Lock/key replacement	$262.20	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,412.91
Total payable by Tenant to Landlord	$4,412.91

Order

Angelina Tiny King must pay Lodge City Rentals Limited As Agent For Paras Sachdev $4,412.91 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,000.00 (3187258-014) to Lodge City Rentals Limited As Agent For Paras Sachdev immediately.
The landlord’s application for compensation for reimbursement of “break fee costs” is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent to 10 February 2025, compensation for costs associated with the tenant breaking the fixed term and replacement of locks and the filing fee.

Does the tenant owe rent and, if so, how much?

The tenancy is a fixed-term tenancy with an end date of 12 July 2025. In November 2024, the tenant sent an email to the landlord giving notice that she wished to terminate the tenancy with effect from 11 December 2024. The landlord responded advising that it was a fixed term tenancy so it could not be terminated on notice. The landlord went on to say that they would try to find new tenants. The landlord also advised the tenant that she would be responsible for the rent until the earlier of the date the new tenants moved in or the end date of the tenancy and other costs including advertisings, property viewings etc.
The tenant vacated the premises on 11 December 2024.
The tenant says she vacated the premises because there were issues with mould and dampness in the premises which were making her sick. The tenant has not lodged a counter claim for these matters or a claim to the Tribunal to reduce the term of the fixed term tenancy under section 66 of the Residential Tenancies Act 1986 (RTA). During the hearing, the tenant was given the opportunity for the hearing to be adjourned for a period of time to allow her to lodge these claims. However, the tenant said she did not wish to do so.
The landlord said that the premises were advertised in November 2024 and from 22 November 2024 until 05 February 2025 there were around 12 viewings of the premises. The new tenants moved in on 12 February 2025.
The landlord is claiming rent arrears to 11 February 2025.
A fixed-term tenancy is a tenancy for a fixed term which cannot be terminated by notice before the end of the term, except as provided for in the RTA or by agreement between the parties. Under a fixed term tenancy, a tenant is liable for rent for the duration of the fixed term. This is subject to the landlord’s duty to mitigate its losses by finding other tenants. I am satisfied that the landlord took reasonable steps to mitigate its losses in respect of rent.
This claim for rent arrears is proved and rent is awarded to 10 February 2025. Does the tenant owe the landlord other costs associated with the tenant breaking the fixed term?
The landlord is claiming $494.50 (including GST) for a fee to tidy up the garden: lawn mowing, weed spraying, hedges trimming and remove rubbish from bins prior to the new tenants moving in. The landlord has provided an invoice to support this claim.
The tenant says when she vacated the premises in December, the gardens were clean and tidy. The landlord does not dispute this but says the tenant is responsible for these costs because they are related to her breaking the fixed term.
I find that there were costs incurred in maintaining the garden which are directly related to the tenant breaking the fixed term. However, I am not satisfied that these costs were reasonable. Section 49 of the RTA provides that where a party breaches a provision of the tenancy agreement or the RTA, the other party “shall take all reasonable steps to limit the damage or loss arising from that breach ...”
I am of the view that the landlord could have mitigated these losses by having maintenance garden work performed on a regular basis. I consider the amount charged to be excessive and award $200 (inclusive of GST).
The landlord has also claimed $250 for costs associated with breaking the fixed tern including advertising, fees charged to conduct viewings etc. As the applicant for this claim, the landlord has the burden of proof. I have not been provided with any proof such as invoices that the landlord incurred these costs (and, for this reason, I dismiss this claim.

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

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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.
The tenant did not remove all rubbish and did not return the keys.
The amounts ordered are proved. Filing fee:
Lodge City Rentals Limited As Agent For Paras Sachdev has substantially succeeded with the claim. For this reason, I have ordered reimbursement of the filing fee.

Tenancy Tribunal case 5115328 — Rent arrears at Unit/Flat 2, 58 Primrose Street, Frankton, Hamilton 3204

At a glance

Tenancy Tribunal case 5115328 — Rent arrears at Unit/Flat 2, 58 Primrose Street, Frankton, Hamilton 3204

At a glance

Award balance

Claims & awards

Order

Reasons

Does the tenant owe rent and, if so, how much?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Does the tenant owe rent and, if so, how much?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions