What was the outcome of Tenancy Tribunal case 5153340?

The tribunal order states: The term of the fixed-term tenancy of Alisha Chelsey Figgess at Unit/Flat Unit 5,

How much money was awarded in case 5153340?

2 Weeks Rent In Advance: $990.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5153340?

The dispute type was not classified.

Where can I read the official tribunal order for case 5153340?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11576385-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5153340?

The tribunal order states: The term of the fixed-term tenancy of Alisha Chelsey Figgess at Unit/Flat Unit 5,

How much money was awarded in case 5153340?

2 Weeks Rent In Advance: $990.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5153340?

The dispute type was not classified.

Where can I read the official tribunal order for case 5153340?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11576385-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 5, 5A Waerenga Road, Otaki, Otaki 5512 Tenancy Tribunal Case 5153340 — Tenancy dispute

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Unit/Flat Unit 5, 5A Waerenga Road, Otaki, Otaki 5512 Tenancy Tribunal Case 5153340 — Tenancy dispute | 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 5153340 — net $2,997.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
2 weeks rent in advance	$990.00	2 weeks rent in advance
Filing fee reimbursement	$27.00	Filing fee reimbursement
Bond (not lodged	$1,980.00	Bond (not lodged
Net award	$2,997.00
Total payable by Landlord to Tenant	$2,997.00

Claims and awards for application 5153340 — net $2,997.00 NZD. Verify on MoJ.

2 weeks rent in advance

Amount: $990.00
Awarded to: Tenant
Reason: 2 weeks rent in advance

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Bond (not lodged

Amount: $1,980.00
Awarded to: Tenant
Reason: Bond (not lodged

Net award

Tenant $2,997.00

Total payable by Landlord to Tenant

Tenant $2,997.00

Claim types — money lines allowed on this order

Filing Fee

Order

The term of the fixed-term tenancy of Alisha Chelsey Figgess at Unit/Flat Unit 5, 5A Waerenga Road, Otaki, Otaki 5512 is reduced. It ended on 12 February 2025.
Okahu Limited must pay Alisha Chelsey Figgess $2,997.00 immediately.

Reasons

Both parties attended the hearing. The landlord attended by phone.

Should the fixed term be reduced?

On 26 January 2025 the landlord signed the tenant up to a fixed term tenancy at Unit 5, 5A Waerenga Road, Otaki. The tenancy was to commence on 30 January 2025. At the time the agreement was signed the landlord knew that the previous tenant had caused significant damage to the premises. The landlord should have informed the applicant about that and should also have known that the premises would not be ready to be occupied 4 days later. The tenant discovered the damage on 28 January. Because of the condition of the property and the landlord’s inability to remedy the problem the tenant applied to the Tribunal, on 1 February 2025 to end the fixed term tenancy. However she needed a place to live and the landlord suggested changing the tenancy commencement date to 12 February 2025. The tenant offered to assist the landlord by cleaning etc and it is clear that if the premises was made ready for occupation the tenant would have moved in. However by 12 February the property was still not ready. For example there was water running directly from the basin to the ground. The tenant informed the landlord that she would proceed with her Tribunal application to end the tenancy.
The tenant did not occupy the premises at any time before informing the landlord that she would not move in. The tenant found a different property to rent.
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
I am satisfied that there was an unforeseen change in the applicant’s circumstances. She was not able to begin her tenancy, and more importantly, even though the landlord carried out some remedial work, there was uncertainty when the premises would be ready to be occupied. I am satisfied that this was a severe hardship for the tenant, a greater hardship than for the landlord. The landlord would be losing rent but the tenant would be paying double rent every week if the Tribunal ended the tenancy after 12 February 2025.
I am satisfied that because the premises was not ready for occupation by 12 February 2025 and there was still uncertainty about when the remedial work would be completed, the fixed term should be reduced to 12 February 2025.

Should compensation for inconvenience be paid to the tenant?

In have be considered whether the landlord should pay compensation to the tenant for what happened. However I have declined making an order for compensation because the tenant held onto the key after 12 February in order to pressure the landlord to return her bond and two weeks rent in advance. The tenant should have returned the key.

Should the bond be refunded to the tenant?

The tenant paid a bond of $1,980.00 to the landlord by direct credit from MSD. The tenant is claiming the bond be paid back to her. The landlord has made a submission to the Tribunal that Okahu Limited should be able to retain bond money it holds but Okahu Limited has not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond must be refunded in full to the tenant.

Should rent in advance be refunded to the tenant?

The landlord has received 2 weeks rent in advance, $990.00, by direct credit from MSD. The tenant is claiming the rent in advance be refunded to her.
I am satisfied that no amount of rent is due for the tenancy because the tenant was unable to occupy the premises either by the original date or the revised date. The landlord is to refund the rent in advance to the tenant. Filing Fee
Because the tenant has been successful with the claim the filing fee of $27.00 is ordered to be paid by the landlord. Note:
The landlord has not lodged the bond with the Bond Centre within the required time.
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986. Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
The landlord has committed an unlawful act. Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
However in this case the Tribunal is unable to make an order for exemplary damages because the applicant did not apply for exemplary damages in her application. If, for any reason, the landlord requests a rehearing and the rehearing is granted, the applicant may amend her application to include exemplary damages.

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 5153340 — net $2,997.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
2 weeks rent in advance	$990.00	2 weeks rent in advance
Filing fee reimbursement	$27.00	Filing fee reimbursement
Bond (not lodged	$1,980.00	Bond (not lodged
Net award	$2,997.00
Total payable by Landlord to Tenant	$2,997.00

Claims and awards for application 5153340 — net $2,997.00 NZD. Verify on MoJ.

2 weeks rent in advance

Amount: $990.00
Awarded to: Tenant
Reason: 2 weeks rent in advance

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Bond (not lodged

Amount: $1,980.00
Awarded to: Tenant
Reason: Bond (not lodged

Net award

Tenant $2,997.00

Total payable by Landlord to Tenant

Tenant $2,997.00

Claim types — money lines allowed on this order

Filing Fee

Order

The term of the fixed-term tenancy of Alisha Chelsey Figgess at Unit/Flat Unit 5, 5A Waerenga Road, Otaki, Otaki 5512 is reduced. It ended on 12 February 2025.
Okahu Limited must pay Alisha Chelsey Figgess $2,997.00 immediately.

Reasons

Both parties attended the hearing. The landlord attended by phone.

Should the fixed term be reduced?

On 26 January 2025 the landlord signed the tenant up to a fixed term tenancy at Unit 5, 5A Waerenga Road, Otaki. The tenancy was to commence on 30 January 2025. At the time the agreement was signed the landlord knew that the previous tenant had caused significant damage to the premises. The landlord should have informed the applicant about that and should also have known that the premises would not be ready to be occupied 4 days later. The tenant discovered the damage on 28 January. Because of the condition of the property and the landlord’s inability to remedy the problem the tenant applied to the Tribunal, on 1 February 2025 to end the fixed term tenancy. However she needed a place to live and the landlord suggested changing the tenancy commencement date to 12 February 2025. The tenant offered to assist the landlord by cleaning etc and it is clear that if the premises was made ready for occupation the tenant would have moved in. However by 12 February the property was still not ready. For example there was water running directly from the basin to the ground. The tenant informed the landlord that she would proceed with her Tribunal application to end the tenancy.
The tenant did not occupy the premises at any time before informing the landlord that she would not move in. The tenant found a different property to rent.
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
I am satisfied that there was an unforeseen change in the applicant’s circumstances. She was not able to begin her tenancy, and more importantly, even though the landlord carried out some remedial work, there was uncertainty when the premises would be ready to be occupied. I am satisfied that this was a severe hardship for the tenant, a greater hardship than for the landlord. The landlord would be losing rent but the tenant would be paying double rent every week if the Tribunal ended the tenancy after 12 February 2025.
I am satisfied that because the premises was not ready for occupation by 12 February 2025 and there was still uncertainty about when the remedial work would be completed, the fixed term should be reduced to 12 February 2025.

Should compensation for inconvenience be paid to the tenant?

In have be considered whether the landlord should pay compensation to the tenant for what happened. However I have declined making an order for compensation because the tenant held onto the key after 12 February in order to pressure the landlord to return her bond and two weeks rent in advance. The tenant should have returned the key.

Should the bond be refunded to the tenant?

The tenant paid a bond of $1,980.00 to the landlord by direct credit from MSD. The tenant is claiming the bond be paid back to her. The landlord has made a submission to the Tribunal that Okahu Limited should be able to retain bond money it holds but Okahu Limited has not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond must be refunded in full to the tenant.

Should rent in advance be refunded to the tenant?

The landlord has received 2 weeks rent in advance, $990.00, by direct credit from MSD. The tenant is claiming the rent in advance be refunded to her.
I am satisfied that no amount of rent is due for the tenancy because the tenant was unable to occupy the premises either by the original date or the revised date. The landlord is to refund the rent in advance to the tenant. Filing Fee
Because the tenant has been successful with the claim the filing fee of $27.00 is ordered to be paid by the landlord. Note:
The landlord has not lodged the bond with the Bond Centre within the required time.
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986. Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
The landlord has committed an unlawful act. Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
However in this case the Tribunal is unable to make an order for exemplary damages because the applicant did not apply for exemplary damages in her application. If, for any reason, the landlord requests a rehearing and the rehearing is granted, the applicant may amend her application to include exemplary damages.

Tenancy Tribunal case 5153340 — Tenancy dispute at Unit/Flat Unit 5, 5A Waerenga Road, Otaki, Otaki 5512

At a glance

Tenancy Tribunal case 5153340 — Tenancy dispute at Unit/Flat Unit 5, 5A Waerenga Road, Otaki, Otaki 5512

At a glance

Award balance

Claims & awards

Order

Reasons

Should the fixed term be reduced?

Should compensation for inconvenience be paid to the tenant?

Should the bond be refunded to the tenant?

Should rent in advance be refunded to the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the fixed term be reduced?

Should compensation for inconvenience be paid to the tenant?

Should the bond be refunded to the tenant?

Should rent in advance be refunded to the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions