What was the outcome of Tenancy Tribunal case 5116993?

The tribunal order states: George Chute and Roberta Osborne must pay Barfoot & Thompson Limited As

How much money was awarded in case 5116993?

Cleaning: $415.73 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lost Rent: $2,000.00 awarded to landlord; Previous Order Application 4995566 D…: $827.00 awarded to landlord; Property Damage: $251.30 awarded to landlord; Water Rates: $106.53 awarded to landlord

What type of tenancy dispute was case 5116993?

The primary dispute was Lost Rent. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5116993?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11376030-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5116993?

The tribunal order states: George Chute and Roberta Osborne must pay Barfoot & Thompson Limited As

How much money was awarded in case 5116993?

Cleaning: $415.73 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lost Rent: $2,000.00 awarded to landlord; Previous Order Application 4995566 D…: $827.00 awarded to landlord; Property Damage: $251.30 awarded to landlord; Water Rates: $106.53 awarded to landlord

What type of tenancy dispute was case 5116993?

The primary dispute was Lost Rent. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5116993?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11376030-Tenancy_Tribunal_Order.pdf.

Unit 2, 8 Jack Browne Place, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5116993 — Lost Rent

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Unit 2, 8 Jack Browne Place, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5116993 — Lost Rent | 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 5116993 — net $3,627.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lost rent to 6/11/2024	$2,000.00	Lost rent to 6/11/2024
Previous order application 4995566 dated 02/10/2024	$827.00	Previous order application 4995566 dated 02/10/2024
Water rates	$106.53	Water rates
Cleaning	$415.73	Cleaning
Repairs	$251.30	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,627.56
Total payable by Tenant to Landlord	$3,627.56

Claims and awards for application 5116993 — net $3,627.56 NZD. Verify on MoJ.

Lost rent to 6/11/2024

Amount: $2,000.00
Awarded to: Landlord
Reason: Lost rent to 6/11/2024

Previous order application 4995566 dated 02/10/2024

Amount: $827.00
Awarded to: Landlord
Reason: Previous order application 4995566 dated 02/10/2024

Water rates

Amount: $106.53
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $415.73
Awarded to: Landlord
Reason: Cleaning

Repairs

Amount: $251.30
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lost Rent Property damage Water Rates

Order

George Chute and Roberta Osborne must pay Barfoot & Thompson Limited As Agent For Kapadia, Kamlesh (Otahuhu Limited) $3,627.56, calculated as shown in the table below.
The tenants must pay the debt in order 1 at the rate of $150.00 per week.
The first payment must be made on Thursday 13 February 2025 and payments must continue every Thursday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
This order incorporates the Tribunal order made on 2 October 2024 under application 4995566.

Reasons

All parties attended the hearing (held by video/telephone).
This was a fixed term tenancy. A fixed term tenancy is a binding contract that the tenants will pay rent until the end date of the term and the landlord will provide the premises for that same time.
Not every tenancy is for a fixed term. Some tenancies do not have a binding fixed term and are called “periodic” tenancies. A tenant is legally able to end a periodic tenancy by giving a landlord no less than 21 days written notice.
The tenants decided they wanted to move from this unit and had told the landlord they were thinking this. On 19 August 2024, they sent written notice that they were moving out on 24 August 2024.
The landlord emailed them that day to explain that they would need to pay rent until new tenants were found because it was a fixed term contract.
The tenants did not return the keys until 5 September 2024 and the landlord did not have a set of keys.
After hearing from everyone, my decision is that it is fair that the tenants compensate the landlord for the lost rent up until the end of the fixed term but that they do not have to pay any “break costs”. My reasons are:- a. Returning the keys late meant the landlord was delayed in finding new tenants. The landlord has lost rent because the unit was empty until 15 November 2024. I award the rent up to the end of the fixed term contract (6 November 2024). b. The landlord has not incurred any additional expenses because the tenancy ended early. A landlord cannot charge a “fee” to break a fixed term contract but can only claim expenses it has spent. It cannot ask tenants to pay any amount up front and must provide an itemised invoice. See s44A Residential Tenancies Act 1986 (RTA).
I think this was a genuine misunderstanding about the legal obligations of a fixed term contract and all parties did the best they could in the circumstances going on at the time.
The tenants accept there is a small amount owing for water bills and cleaning costs. There was minor damage to a wall where a TV bracket or other item was removed, and they agree with the cost to repair this.
I award the filing fee.
The bond has already been refunded to the landlord.
This order is the total amount owing by the tenants including the previous order.
The parties agreed on a repayment plan. If the tenants miss any payments, the landlord can choose to enforce the debt through the court or a debt collection company.
No suppression orders were sought or apply.

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 5116993 — net $3,627.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lost rent to 6/11/2024	$2,000.00	Lost rent to 6/11/2024
Previous order application 4995566 dated 02/10/2024	$827.00	Previous order application 4995566 dated 02/10/2024
Water rates	$106.53	Water rates
Cleaning	$415.73	Cleaning
Repairs	$251.30	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,627.56
Total payable by Tenant to Landlord	$3,627.56

Claims and awards for application 5116993 — net $3,627.56 NZD. Verify on MoJ.

Lost rent to 6/11/2024

Amount: $2,000.00
Awarded to: Landlord
Reason: Lost rent to 6/11/2024

Previous order application 4995566 dated 02/10/2024

Amount: $827.00
Awarded to: Landlord
Reason: Previous order application 4995566 dated 02/10/2024

Water rates

Amount: $106.53
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $415.73
Awarded to: Landlord
Reason: Cleaning

Repairs

Amount: $251.30
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lost Rent Property damage Water Rates

Order

George Chute and Roberta Osborne must pay Barfoot & Thompson Limited As Agent For Kapadia, Kamlesh (Otahuhu Limited) $3,627.56, calculated as shown in the table below.
The tenants must pay the debt in order 1 at the rate of $150.00 per week.
The first payment must be made on Thursday 13 February 2025 and payments must continue every Thursday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
This order incorporates the Tribunal order made on 2 October 2024 under application 4995566.

Reasons

All parties attended the hearing (held by video/telephone).
This was a fixed term tenancy. A fixed term tenancy is a binding contract that the tenants will pay rent until the end date of the term and the landlord will provide the premises for that same time.
Not every tenancy is for a fixed term. Some tenancies do not have a binding fixed term and are called “periodic” tenancies. A tenant is legally able to end a periodic tenancy by giving a landlord no less than 21 days written notice.
The tenants decided they wanted to move from this unit and had told the landlord they were thinking this. On 19 August 2024, they sent written notice that they were moving out on 24 August 2024.
The landlord emailed them that day to explain that they would need to pay rent until new tenants were found because it was a fixed term contract.
The tenants did not return the keys until 5 September 2024 and the landlord did not have a set of keys.
After hearing from everyone, my decision is that it is fair that the tenants compensate the landlord for the lost rent up until the end of the fixed term but that they do not have to pay any “break costs”. My reasons are:- a. Returning the keys late meant the landlord was delayed in finding new tenants. The landlord has lost rent because the unit was empty until 15 November 2024. I award the rent up to the end of the fixed term contract (6 November 2024). b. The landlord has not incurred any additional expenses because the tenancy ended early. A landlord cannot charge a “fee” to break a fixed term contract but can only claim expenses it has spent. It cannot ask tenants to pay any amount up front and must provide an itemised invoice. See s44A Residential Tenancies Act 1986 (RTA).
I think this was a genuine misunderstanding about the legal obligations of a fixed term contract and all parties did the best they could in the circumstances going on at the time.
The tenants accept there is a small amount owing for water bills and cleaning costs. There was minor damage to a wall where a TV bracket or other item was removed, and they agree with the cost to repair this.
I award the filing fee.
The bond has already been refunded to the landlord.
This order is the total amount owing by the tenants including the previous order.
The parties agreed on a repayment plan. If the tenants miss any payments, the landlord can choose to enforce the debt through the court or a debt collection company.
No suppression orders were sought or apply.

Tenancy Tribunal case 5116993 — Lost Rent at Unit 2, 8 Jack Browne Place, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5116993 — Lost Rent at Unit 2, 8 Jack Browne Place, Otahuhu, Auckland 1062

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