What was the outcome of Tenancy Tribunal case 5123132?

The tribunal order states: CeeCee Li Regnier must pay Street Smart Property Management Limited As

How much money was awarded in case 5123132?

Cleaning: $172.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $517.50 awarded to landlord; Rent Arrears: $5,014.29 awarded to landlord; Rubbish Removal: $172.50 awarded to landlord; Water Rates: $55.75 awarded to landlord

What type of tenancy dispute was case 5123132?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5123132?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11368377-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5123132?

The tribunal order states: CeeCee Li Regnier must pay Street Smart Property Management Limited As

How much money was awarded in case 5123132?

Cleaning: $172.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $517.50 awarded to landlord; Rent Arrears: $5,014.29 awarded to landlord; Rubbish Removal: $172.50 awarded to landlord; Water Rates: $55.75 awarded to landlord

What type of tenancy dispute was case 5123132?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5123132?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11368377-Tenancy_Tribunal_Order.pdf.

38 Cooper Street, Grey Lynn, Auckland 1021 Tenancy Tribunal Case 5123132 — Rent arrears

Claims and awards in Tenancy Tribunal application 5123132 — net $2,359.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 January 2025	$5,014.29	Rent arrears to 31 January 2025
Water rates	$55.75	Water rates
Cleaning	$172.50	Cleaning
Rubbish removal	$172.50	Rubbish removal
Lawns and Garden work	$517.50	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,359.54
Total payable by Tenant to Landlord	$2,359.54

Order

CeeCee Li Regnier must pay Street Smart Property Management Limited As Agent For Lillian Bai $2,359.54 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $3,600.00 (5299652-010) to Street Smart Property Management Limited As Agent For Lillian Bai immediately.
The application for an Order that the tenancy was abandoned is dismissed.

Reasons

Ms Lee, an employee of the landlord’s agent, attended the hearing for the landlord. The tenant did not attend the hearing. Prior to the hearing, the tenant had sent an email to the Tribunal advising that the tenant would not be attending the hearing. The tenant did not apply for an adjournment or to attend the hearing via other means (i.e. video conference or telephone). The hearing proceeded in the tenant’s absence.
The landlord has applied for an order terminating the tenancy for abandonment, rent arrears, water arrears, compensation, refund of the bond and reimbursement of the filing fee.

Did the tenant abandon the premises?

The relevant background facts are as follows: a. The tenancy is a fixed term tenancy starting on 23 July 2024 and ending on 22 January 2026; b. On 23 December 2024, the tenant sent an email to Ms Lee asking saying that they were terminating the tenancy on 31 December 2024, apologising for the short notice, and asking for the bond to be refunded. The tenant explained that the reason why they were terminating the tenancy before the end of the fixed term was because they were returning to the United States because their son’s student visa had not been approved and he could not attend local schools; c. The tenant received an out of office message; d. On 06 January 2025, Ms Lee sent the tenant an email regarding the rent arrears; e. The tenant responded by referring Ms Lee to the email of 23 December 2024.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
As the tenant notified the landlord that the tenant was terminating the tenancy, the tenant cannot be said to have abandoned the tenancy.
The landlord’s application for a declaration that the tenant abandoned the tenancy is dismissed.

Is the tenant liable for rent?

To answer this question, it is necessary to consider if the tenant was entitled to reduce the fixed term and end the tenancy on 31 December 2024.
The usual legal position with fixed term contracts, is that the term of the contract will be applied strictly, and it will only be in limited circumstances, that a decision maker like the Tribunal would interfere with that term. In the case of residential tenancies, one of these circumstances is found in section 66 of the Residential Tenancies Act 1986, which allows for the reduction of fixed term tenancy agreements. This section provides: On application by a party to a fixed-term tenancy, the Tribunal may make an order reducing the term of the tenancy by a period stated in the order, and making such variations in the terms of the tenancy as are necessary because of the reduction of the term, where it is satisfied that, because of an unforeseen change in the applicant’s circumstances, the severe hardship which the applicant would suffer if the term of the tenancy were not reduced would be greater than the hardship which the other party to the tenancy would suffer if the term were reduced.
There is a high threshold that needs to be met before the Tribunal will reduce the term. In particular, the applicant must establish that: a. there has been a change in his or her circumstances; and b. that change was unforeseen; and c. that unforeseen change will result in severe hardship to the applicant if the tenancy is not ended; and d. the severe hardship the applicant would suffer if the term was not reduced exceeds the hardship the other party would suffer if the term was reduced.
Section 66(2) of the RTA confirms that if the Tribunal reduces the term of the tenancy, that the Tribunal can order the tenant pay compensation to the landlord. That section provides: Where the Tribunal makes an order under subsection (1), the Tribunal may order that the applicant pay to the other party an amount determined by the Tribunal by way of reasonable compensation for any loss or damage to the other party which would result from the reduction in the term of the tenancy.
The tenant did not apply to the Tribunal seeking an order reducing the term of the fixed term tenancy agreement. The tenant did not obtain the landlord’s agreement to reduce the fixed term. The tenant was not entitled to unilaterally reduce the fixed term. I find that in doing so, the tenant has breached the tenancy agreement and is liable for rent arrears to the end of the fixed term or earlier if the landlord has relet the premises.
At the hearing, Ms Lee advised that the landlord started marketing the premises in early January 2025. Ms Lee further advised that the landlord has found a tenant from the beginning of February and is seeking rent to 31 January 2025.
At the hearing, Ms Lee provided rent records in the form of a rent ledger showing the rent owing to 31 January 2025. I award rent arrears to 31 January 2025.

Is the tenant liable for water rates?

The landlord provided an invoice showing that the tenant owes $55.75 in unpaid water arrears.
This claim is proved.

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

Section 40(1)(e)(ii)-(v) of the 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. Section 40(1)(ca) of the RTA provides the tenant is required to replace worn out smoke alarm batteries during the tenancy. The tenant must also replace standard light bulbs.
The landlord claims that the tenant did not leave the premises and the garden reasonably tidy and that rubbish was not removed from the premises. The landlord has provided an invoice for this work.
The landlord has provided photographs showing that the stairs and the top floor of the premises (two bedrooms, a bathroom and a toilet) were not left reasonably clean and tidy. The landlord has claimed $250 plus GST for this work. I accept that cleaning was required. However, I consider $250 plus GST to be unreasonable. I award $172.50 (including GST) for this work calculated as follows: 3 hours @ $50 plus GST per hour.
The landlord has provided photographs showing the garden at the start of the tenancy and at the end of the tenancy. The tenant did not leave the garden reasonably tidy. I award $517.50 (including GST) for this claim.
The landlord has provided a photograph showing that at the beginning of the tenancy, the garage was empty apart from two mattresses. The photographs provided by the landlord at the end of the tenancy show that there was rubbish left in the middle of the garage which needed to be removed. I award $172.50 (including GST) for this claim. Filing fee:
Street Smart Property Management Limited As Agent For Lillian Bai has substantially succeeded with the claim. For this reason, I have ordered reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5123132 — net $2,359.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 January 2025	$5,014.29	Rent arrears to 31 January 2025
Water rates	$55.75	Water rates
Cleaning	$172.50	Cleaning
Rubbish removal	$172.50	Rubbish removal
Lawns and Garden work	$517.50	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,359.54
Total payable by Tenant to Landlord	$2,359.54

Order

CeeCee Li Regnier must pay Street Smart Property Management Limited As Agent For Lillian Bai $2,359.54 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $3,600.00 (5299652-010) to Street Smart Property Management Limited As Agent For Lillian Bai immediately.
The application for an Order that the tenancy was abandoned is dismissed.

Reasons

Ms Lee, an employee of the landlord’s agent, attended the hearing for the landlord. The tenant did not attend the hearing. Prior to the hearing, the tenant had sent an email to the Tribunal advising that the tenant would not be attending the hearing. The tenant did not apply for an adjournment or to attend the hearing via other means (i.e. video conference or telephone). The hearing proceeded in the tenant’s absence.
The landlord has applied for an order terminating the tenancy for abandonment, rent arrears, water arrears, compensation, refund of the bond and reimbursement of the filing fee.

Did the tenant abandon the premises?

The relevant background facts are as follows: a. The tenancy is a fixed term tenancy starting on 23 July 2024 and ending on 22 January 2026; b. On 23 December 2024, the tenant sent an email to Ms Lee asking saying that they were terminating the tenancy on 31 December 2024, apologising for the short notice, and asking for the bond to be refunded. The tenant explained that the reason why they were terminating the tenancy before the end of the fixed term was because they were returning to the United States because their son’s student visa had not been approved and he could not attend local schools; c. The tenant received an out of office message; d. On 06 January 2025, Ms Lee sent the tenant an email regarding the rent arrears; e. The tenant responded by referring Ms Lee to the email of 23 December 2024.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
As the tenant notified the landlord that the tenant was terminating the tenancy, the tenant cannot be said to have abandoned the tenancy.
The landlord’s application for a declaration that the tenant abandoned the tenancy is dismissed.

Is the tenant liable for rent?

To answer this question, it is necessary to consider if the tenant was entitled to reduce the fixed term and end the tenancy on 31 December 2024.
The usual legal position with fixed term contracts, is that the term of the contract will be applied strictly, and it will only be in limited circumstances, that a decision maker like the Tribunal would interfere with that term. In the case of residential tenancies, one of these circumstances is found in section 66 of the Residential Tenancies Act 1986, which allows for the reduction of fixed term tenancy agreements. This section provides: On application by a party to a fixed-term tenancy, the Tribunal may make an order reducing the term of the tenancy by a period stated in the order, and making such variations in the terms of the tenancy as are necessary because of the reduction of the term, where it is satisfied that, because of an unforeseen change in the applicant’s circumstances, the severe hardship which the applicant would suffer if the term of the tenancy were not reduced would be greater than the hardship which the other party to the tenancy would suffer if the term were reduced.
There is a high threshold that needs to be met before the Tribunal will reduce the term. In particular, the applicant must establish that: a. there has been a change in his or her circumstances; and b. that change was unforeseen; and c. that unforeseen change will result in severe hardship to the applicant if the tenancy is not ended; and d. the severe hardship the applicant would suffer if the term was not reduced exceeds the hardship the other party would suffer if the term was reduced.
Section 66(2) of the RTA confirms that if the Tribunal reduces the term of the tenancy, that the Tribunal can order the tenant pay compensation to the landlord. That section provides: Where the Tribunal makes an order under subsection (1), the Tribunal may order that the applicant pay to the other party an amount determined by the Tribunal by way of reasonable compensation for any loss or damage to the other party which would result from the reduction in the term of the tenancy.
The tenant did not apply to the Tribunal seeking an order reducing the term of the fixed term tenancy agreement. The tenant did not obtain the landlord’s agreement to reduce the fixed term. The tenant was not entitled to unilaterally reduce the fixed term. I find that in doing so, the tenant has breached the tenancy agreement and is liable for rent arrears to the end of the fixed term or earlier if the landlord has relet the premises.
At the hearing, Ms Lee advised that the landlord started marketing the premises in early January 2025. Ms Lee further advised that the landlord has found a tenant from the beginning of February and is seeking rent to 31 January 2025.
At the hearing, Ms Lee provided rent records in the form of a rent ledger showing the rent owing to 31 January 2025. I award rent arrears to 31 January 2025.

Is the tenant liable for water rates?

The landlord provided an invoice showing that the tenant owes $55.75 in unpaid water arrears.
This claim is proved.

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

Section 40(1)(e)(ii)-(v) of the 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. Section 40(1)(ca) of the RTA provides the tenant is required to replace worn out smoke alarm batteries during the tenancy. The tenant must also replace standard light bulbs.
The landlord claims that the tenant did not leave the premises and the garden reasonably tidy and that rubbish was not removed from the premises. The landlord has provided an invoice for this work.
The landlord has provided photographs showing that the stairs and the top floor of the premises (two bedrooms, a bathroom and a toilet) were not left reasonably clean and tidy. The landlord has claimed $250 plus GST for this work. I accept that cleaning was required. However, I consider $250 plus GST to be unreasonable. I award $172.50 (including GST) for this work calculated as follows: 3 hours @ $50 plus GST per hour.
The landlord has provided photographs showing the garden at the start of the tenancy and at the end of the tenancy. The tenant did not leave the garden reasonably tidy. I award $517.50 (including GST) for this claim.
The landlord has provided a photograph showing that at the beginning of the tenancy, the garage was empty apart from two mattresses. The photographs provided by the landlord at the end of the tenancy show that there was rubbish left in the middle of the garage which needed to be removed. I award $172.50 (including GST) for this claim. Filing fee:
Street Smart Property Management Limited As Agent For Lillian Bai has substantially succeeded with the claim. For this reason, I have ordered reimbursement of the filing fee.

Tenancy Tribunal case 5123132 — Rent arrears at 38 Cooper Street, Grey Lynn, Auckland 1021

At a glance

Tenancy Tribunal case 5123132 — Rent arrears at 38 Cooper Street, Grey Lynn, Auckland 1021

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant abandon the premises?

Is the tenant liable for rent?

Is the tenant liable for water rates?

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

Did the tenant abandon the premises?

Is the tenant liable for rent?

Is the tenant liable for water rates?

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