What was the outcome of Tenancy Tribunal case 5193511?

The tribunal order states: Ali Booth must pay Elizabeth Winifred Dougherty Lowe and Stephen Robert

How much money was awarded in case 5193511?

Over Paid Rent: $810.00 awarded to tenant

What type of tenancy dispute was case 5193511?

The dispute type was not classified.

Where can I read the official tribunal order for case 5193511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12052968-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5193511?

The tribunal order states: Ali Booth must pay Elizabeth Winifred Dougherty Lowe and Stephen Robert

How much money was awarded in case 5193511?

Over Paid Rent: $810.00 awarded to tenant

What type of tenancy dispute was case 5193511?

The dispute type was not classified.

Where can I read the official tribunal order for case 5193511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12052968-Tenancy_Tribunal_Order.pdf.

69 Winchester Street, Merivale, Christchurch 8014 Tenancy Tribunal Case 5193511 — Tenancy dispute

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Reasons

Claims and awards in Tenancy Tribunal application 5193511 — net $810.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Over paid rent	$810.00	s dismissed. As a consequence of that dismissal, the landlord is ordered to pay $810.00 to the tenants.
Net award	$810.00
Total payable by Landlord to Tenant	$810.00

Both parties attended the remote hearing.

The tenants seek reimbursement for overpayment of one week’s rent ($810.00). The landlord seeks break lease costs of $796.00.

Before considering the law in this matter, a brief history of the tenancy is required.

The tenancy commenced on 31 July 2023. It was a fixed term tenancy to end on 31 July 2025.

In November 2024, the tenants contacted the landlord to ask for consideration of an early release from the fixed term tenancy as they were in the process of purchasing a house. On 29 November 2024, the tenants advised the landlord that they had completed a purchase and that settlement was to take place at the end of January 2025.

On 6 December 2024, the landlord asked the tenants for access to the premises to show prospective tenants. On 10 December 2024, the landlord contacted the tenants to confirm that the new tenants had been found and that they wanted to take on the premises as of 12 January 2025.

The tenants were able to arrange their purchase requirements, so that they were able to leave on 12 January 2025. I consider the discussion between the parties on 10 December 2024, to be the point in time where the agreement was made between the parties that the fixed term tenancy would end early.

On 12 January 2025, a final house inspection took place. There was no discussion between the parties at this point of any compensation to be paid to the landlord for costs that she may incur.

On 28 January 2025, the landlord advised the tenants that she had incurred significant costs in accommodating their request to end the fixed term early. The landlord agreed that there had been no discussion between the parties about costs prior to this date.

The landlord confirmed that she had not provided the tenants with an itemised account for her break lease costs.

Both parties agree that the tenants overpaid rent in the sum of $810.00. The only outstanding issue is whether the landlords break lease costs should be deducted from that sum.

Section 44A of the Residential Tenancies Act 1986 provides; 44A Recovery of expenses incurred by landlord. (1) A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subleasing, parting with possession, or termination. (2) A landlord who seeks to recover expenses from a tenant in accordance with subsection (1) must first provide an itemised account of the expenses to the tenant.”

No itemised account of expenses has been provided to the tenant. The landlord’s application is dismissed. As a consequence of that dismissal, the landlord is ordered to pay $810.00 to the tenants.

Reasons

Claims and awards in Tenancy Tribunal application 5193511 — net $810.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Over paid rent	$810.00	s dismissed. As a consequence of that dismissal, the landlord is ordered to pay $810.00 to the tenants.
Net award	$810.00
Total payable by Landlord to Tenant	$810.00

Both parties attended the remote hearing.

The tenants seek reimbursement for overpayment of one week’s rent ($810.00). The landlord seeks break lease costs of $796.00.

Before considering the law in this matter, a brief history of the tenancy is required.

The tenancy commenced on 31 July 2023. It was a fixed term tenancy to end on 31 July 2025.

On 12 January 2025, a final house inspection took place. There was no discussion between the parties at this point of any compensation to be paid to the landlord for costs that she may incur.

The landlord confirmed that she had not provided the tenants with an itemised account for her break lease costs.

Both parties agree that the tenants overpaid rent in the sum of $810.00. The only outstanding issue is whether the landlords break lease costs should be deducted from that sum.

No itemised account of expenses has been provided to the tenant. The landlord’s application is dismissed. As a consequence of that dismissal, the landlord is ordered to pay $810.00 to the tenants.

Tenancy Tribunal case 5193511 — Tenancy dispute at 69 Winchester Street, Merivale, Christchurch 8014

At a glance

Tenancy Tribunal case 5193511 — Tenancy dispute at 69 Winchester Street, Merivale, Christchurch 8014

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions