What was the outcome of Tenancy Tribunal case 5171192?

The tribunal order states: Nimali Chandima Dasanayake Mudalige Done must pay Wongeoon Vast

How much money was awarded in case 5171192?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,038.57 awarded to landlord

What type of tenancy dispute was case 5171192?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5171192?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11897946-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5171192?

The tribunal order states: Nimali Chandima Dasanayake Mudalige Done must pay Wongeoon Vast

How much money was awarded in case 5171192?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,038.57 awarded to landlord

What type of tenancy dispute was case 5171192?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5171192?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11897946-Tenancy_Tribunal_Order.pdf.

28 Solway Avenue, Ilam, Christchurch 8041 Tenancy Tribunal Case 5171192 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5171192 — net $9,065.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent to end of fixed term	$9,038.57	Rent arrears and rent to end of fixed term
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,065.57
Total payable by Tenant to Landlord	$9,065.57

Nimali Chandima Dasanayake Mudalige Done must pay Wongeoon Vast Limited $9,065.57 immediately, being rent arrears and rent to the end of the fixed term tenancy on 14 February 2025. DescriptionLandlord Rent arrears and rent to end of fixed term$9,038.57 Filing fee reimbursement$27.00 Total award$9,065.57 Total payable by Tenant to Landlord$9,065.57

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears and rent to the end of a fixed term tenancy.

The tenancy was for a fixed term to 14 February 2024. A tenant is liable for rent to the end of the fixed term unless; a new tenancy starts before then, the landlord agrees to release the tenant, or the tenant makes a successful application under s66 Residential Tenancies Act.

The written Tenancy Agreement clearly records that the tenancy is for a fixed term. However, the tenant says that she never discussed or agreed to a fixed term with the landlord. She says that she signed a blank tenancy agreement and the landlord completed it later, adding the fixed term clause. The tenant says that she had an immigration agent with her at the time, but that person did not attend the hearing to give evidence. The tenant also claims that she did not receive a copy of the tenancy agreement until this application was made.

The landlord disputes that. He says that when he met with the tenant, he had the tenancy agreement completed, except for her contact details (phone and email). He says that the tenant completed those details and signed the agreement. He says he emailed the agreement to her on 7 September 2024 and that he reminded her that the tenancy was for a fixed term when she gave notice in October 2024.

I find the landlord’s explanation more likely. The tenant’s name on the tenancy agreement has been completed by the landlord. That is more consistent with his explanation that he only needed the tenant to complete her contact details and sign the agreement. The tenant completed her contact details directly under her name. If, as she suggests, the form was completely blank I think it likely she would have also written her name. There is also evidence that the landlord emailed the agreement to the tenant on 7 September, and she replied. The tenant did not dispute the fixed term when she gave notice in October but raised it for the first time when this application was made.

I find it more likely than not that this was an agreed fixed term tenancy.

The tenant did not make an application under s60 Residential Tenancies Act, for reduction of the fixed term. At the hearing, she said that she had to leave the tenancy because the premises made her son ill. She provided evidence that her son received treatment during the tenancy (and after), but not evidence of what he was treated for or its cause. When she gave notice in October, she told the landlord the premises were too small. It also seems that she was hoping to move in with some friends.

I find that the landlord is entitled to rent until the end of the fixed term, or until a new tenant was found whichever was earlier. The landlord provided evidence showing that a new tenancy started on 15 February 2025.

The landlord has provided rent records which prove the amount owing. As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.

Order

Claims and awards in Tenancy Tribunal application 5171192 — net $9,065.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent to end of fixed term	$9,038.57	Rent arrears and rent to end of fixed term
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,065.57
Total payable by Tenant to Landlord	$9,065.57

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears and rent to the end of a fixed term tenancy.

I find it more likely than not that this was an agreed fixed term tenancy.

The landlord has provided rent records which prove the amount owing. As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5171192 — Rent arrears at 28 Solway Avenue, Ilam, Christchurch 8041

At a glance

Tenancy Tribunal case 5171192 — Rent arrears at 28 Solway Avenue, Ilam, Christchurch 8041

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