What was the outcome of Tenancy Tribunal case 5176717?

The tribunal order states: Nicole Louisa Godsall must pay Realty Focus Limited As Agent For James And

How much money was awarded in case 5176717?

Break Lease Charges: $533.92 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent: $2,370.00 awarded to landlord

What type of tenancy dispute was case 5176717?

The dispute type was not classified.

Where can I read the official tribunal order for case 5176717?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11899966-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5176717?

The tribunal order states: Nicole Louisa Godsall must pay Realty Focus Limited As Agent For James And

How much money was awarded in case 5176717?

Break Lease Charges: $533.92 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent: $2,370.00 awarded to landlord

What type of tenancy dispute was case 5176717?

The dispute type was not classified.

Where can I read the official tribunal order for case 5176717?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11899966-Tenancy_Tribunal_Order.pdf.

16 Furlong Road, Papamoa, Papamoa 3118 Tenancy Tribunal Case 5176717 — Tenancy dispute

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16 Furlong Road, Papamoa, Papamoa 3118 Tenancy Tribunal Case 5176717 — 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 5176717 — net $2,930.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 13 March 2025	$2,370.00	Rent to 13 March 2025
Break Lease Charges	$533.92	Break Lease Charges
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,930.92
Total payable by Tenant to Landlord	$2,930.92

Claims and awards for application 5176717 — net $2,930.92 NZD. Verify on MoJ.

Rent to 13 March 2025

Amount: $2,370.00
Awarded to: Landlord
Reason: Rent to 13 March 2025

Break Lease Charges

Amount: $533.92
Awarded to: Landlord
Reason: Break Lease Charges

Filing fee reimbursement

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

Net award

Landlord $2,930.92

Total payable by Tenant to Landlord

Landlord $2,930.92

Claim types — money lines allowed on this order

Filing Fee

Order

Nicole Louisa Godsall must pay Realty Focus Limited As Agent For James And Jo Thomson $2,930.92 immediately, calculated as shown in table below: DescriptionLandlord Rent to 13 March 2025$2,370.00 Break Lease Charges$533.92 Filing fee reimbursement$27.00 Total award$2,930.92 Total payable by Tenant to Landlord$2,930.92

Reasons

Both parties attended the hearing.
The landlord has applied for rent under a fixed term tenancy agreement and break lease charges.The tenancy agreement is dated 4 February 2025. The agreement includes a supplementary page that clearly outlines that the tenancy is for a fixed term and explains the tenant’s rights and obligations under a fixed term tenancy. 1 The tenancy was due to start on 21 February 2025. 1 A tenant is liable for rent to the end of the fixed term or until a new tenancy starts, whichever is earlier unless the tenant makes a successful application under s60 RTA. This tenant did not make an application under s60.
On the evening of 13 February 2025, the tenant advised the landlord that the property was not going to be affordable for her and that she would like to terminate the agreement.
The landlord immediately took steps to find a new tenant, including contacting previous applicants, readvertising the property, and assessing new applicants. A new tenancy agreement was signed on 21 February, and that tenancy started on 14 March 2025.
The landlord seeks the three weeks rent from 21 February to 13 March 2025 and costs associated with finding a replacement tenant.
Ms Godsall explained that she was under a lot of stress when she entered into the tenancy agreement. She provided evidence from a Dr Bekker-Smith to the effect that Ms Godsall “was not herself” following a recent weather event. Dr Bekker-Smith’s qualifications and expertise are not evident from her letter.
I accept that Ms Godsall experienced a difficult and possibly traumatic weather event on 29 January 2025. However, there is no evidence from a suitably qualified medical practitioner to the effect that Ms Godsall was legally incapacitated or unable to enter into a binding leal agreement on 4 February 2025. I also note that she had not done any due diligence regarding the financial support she would receive or the affordability of premises before the weather event on 29 January 2025.
I find that Ms Godsall is bound by the terms of the legal agreement she signed on 4 February 2025. As a result of that the landlord is entitled to rent until a new tenancy started and costs associated with finding alternative tenants. The landlord provided records which prove the amount owing.
As the landlord was the successful party, I also award reimbursement of the Tribunal application fee.

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 5176717 — net $2,930.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 13 March 2025	$2,370.00	Rent to 13 March 2025
Break Lease Charges	$533.92	Break Lease Charges
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,930.92
Total payable by Tenant to Landlord	$2,930.92

Claims and awards for application 5176717 — net $2,930.92 NZD. Verify on MoJ.

Rent to 13 March 2025

Amount: $2,370.00
Awarded to: Landlord
Reason: Rent to 13 March 2025

Break Lease Charges

Amount: $533.92
Awarded to: Landlord
Reason: Break Lease Charges

Filing fee reimbursement

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

Net award

Landlord $2,930.92

Total payable by Tenant to Landlord

Landlord $2,930.92

Claim types — money lines allowed on this order

Filing Fee

Order

Nicole Louisa Godsall must pay Realty Focus Limited As Agent For James And Jo Thomson $2,930.92 immediately, calculated as shown in table below: DescriptionLandlord Rent to 13 March 2025$2,370.00 Break Lease Charges$533.92 Filing fee reimbursement$27.00 Total award$2,930.92 Total payable by Tenant to Landlord$2,930.92

Reasons

Both parties attended the hearing.
The landlord has applied for rent under a fixed term tenancy agreement and break lease charges.The tenancy agreement is dated 4 February 2025. The agreement includes a supplementary page that clearly outlines that the tenancy is for a fixed term and explains the tenant’s rights and obligations under a fixed term tenancy. 1 The tenancy was due to start on 21 February 2025. 1 A tenant is liable for rent to the end of the fixed term or until a new tenancy starts, whichever is earlier unless the tenant makes a successful application under s60 RTA. This tenant did not make an application under s60.
On the evening of 13 February 2025, the tenant advised the landlord that the property was not going to be affordable for her and that she would like to terminate the agreement.
The landlord immediately took steps to find a new tenant, including contacting previous applicants, readvertising the property, and assessing new applicants. A new tenancy agreement was signed on 21 February, and that tenancy started on 14 March 2025.
The landlord seeks the three weeks rent from 21 February to 13 March 2025 and costs associated with finding a replacement tenant.
Ms Godsall explained that she was under a lot of stress when she entered into the tenancy agreement. She provided evidence from a Dr Bekker-Smith to the effect that Ms Godsall “was not herself” following a recent weather event. Dr Bekker-Smith’s qualifications and expertise are not evident from her letter.
I accept that Ms Godsall experienced a difficult and possibly traumatic weather event on 29 January 2025. However, there is no evidence from a suitably qualified medical practitioner to the effect that Ms Godsall was legally incapacitated or unable to enter into a binding leal agreement on 4 February 2025. I also note that she had not done any due diligence regarding the financial support she would receive or the affordability of premises before the weather event on 29 January 2025.
I find that Ms Godsall is bound by the terms of the legal agreement she signed on 4 February 2025. As a result of that the landlord is entitled to rent until a new tenancy started and costs associated with finding alternative tenants. The landlord provided records which prove the amount owing.
As the landlord was the successful party, I also award reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5176717 — Tenancy dispute at 16 Furlong Road, Papamoa, Papamoa 3118

At a glance

Tenancy Tribunal case 5176717 — Tenancy dispute at 16 Furlong Road, Papamoa, Papamoa 3118

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