What was the outcome of Tenancy Tribunal case 5221111?

The tribunal order states: The Bond Centre is to pay the bond of $1,107.00 (00039507) to Street Smart

How much money was awarded in case 5221111?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,080.00 awarded to landlord

What type of tenancy dispute was case 5221111?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5221111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11917585-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5221111?

The tribunal order states: The Bond Centre is to pay the bond of $1,107.00 (00039507) to Street Smart

How much money was awarded in case 5221111?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,080.00 awarded to landlord

What type of tenancy dispute was case 5221111?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5221111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11917585-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 23 Tawa Road, Onehunga, Auckland 1061 Tenancy Tribunal Case 5221111 — Rent arrears

Claims and awards in Tenancy Tribunal application 5221111. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,080.00		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

The Bond Centre is to pay the bond of $1,107.00 (00039507) to Street Smart Property Management Limited As Agent For Coconut Trust immediately. The Bond Centre is to pay the bond of $1,053.00 (00039507) to Renzo Daniel Zuleta and Pei Xian Huang immediately.
The tenants’ claims are dismissed.

Reasons

Both parties attended the hearing.
The tenants applied for refund of the bond, to be released from the fixed term tenancy, a claim in respect of the Healthy Homes standards, compensation and exemplary damages.
The landlord applied for rent arrears. Background
The tenancy was for a fixed term from 3 March 2025 until 15 March 2026.
The weekly rent was $540.00.
On 17 February 2025 the tenants paid to the landlord $3,240.00 being $1,080.00 for two weeks rent in advance and $2,160.00 for the bond. Timeline
On 6 February 2025 the tenants viewed the premises, and the following day submitted an application for the tenancy. On that same day the landlord offered the tenancy to the tenants.
The tenants asked to view the premises again and this occurred on 12 February 2025.
On 13 February 2025 both parties signed the tenancy agreement.
On 28 February 2025 the landlord provided the tenants with the key to the premises to enable them to move in early over the weekend.
On the evening of Friday 28 February 2025, the tenants emailed the landlord raising concerns about the condition of the premises after seeing it vacant. The tenants suggested several options including a periodic tenancy instead of a fixed term tenancy, delaying moving in and repair options.
On Sunday 2 March 2025 the tenants sent a further email to the landlord advising that they have decided not to proceed with the tenancy due to concerns over water damage and potential underlying issues. That same day the tenants began advertising for new tenants.
On 4 March 2025 the landlord sent an email to the tenants offering to end the fixed term tenancy early on the basis that the tenants would be liable until a new tenant is secured and after payment of the early termination administration fee.
On 6 March 2025 the landlord sent a further email to the tenants. This email offered for the tenants to be responsible for a maximum of four weeks rent and the landlord would not seek the break lease fee costs.
The tenants did not accept this offer and there was no resolution between the parties. Release from fixed term tenancy
The tenants have applied for reduction of the fixed term tenancy due to end on 15 March 2026.
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.
At the hearing the tenants submitted that the change in circumstances was the issues raised in relation to the premises and the potential impact on the tenant’s health and the health of their cat.
The tenants had raised issues relating to the condition of the premises including some maintenance issues and the Healthy Homes standards. However, the tenants did not provide the landlord with any opportunity to address these concerns. While the landlord had a Healthy Homes report dated 2021 stating that the premises were compliant the compliance date for this tenancy is 120 days after commencement.
It seems to me that the change in the tenant’s circumstances was when they entered into a new tenancy the week after this tenancy was due to commence. This was not an unforeseen change.
As there has been no unforeseen change I decline to make an order reducing the fixed term tenancy. That application is dismissed. Healthy Homes standards
The tenants claim in respect of the Healthy Homes standards.
The tenants submitted that the premises were non-compliant with the Healthy Homes standards.
The landlord had obtained a Healthy Homes report in 2021 which records that the premises were compliant with the Healthy Homes standards. The tenants claim that there should be a new report for every new tenancy, but the legislation and the regulations do not require this.
At the hearing the tenants did not provide any evidence that the premises were not compliant. Also, at the hearing, the landlord produced a report dated 10 March 2025 prepared by Affordable Energy Solutions. That report confirms that the premises are Healthy Homes compliant.
Given the two independent reports recording compliance and the lack of evidence from the tenants I conclude that the premises are compliant with the Healthy Homes standards and therefore the tenant’s claim is dismissed. Compensation
The tenants claim compensation for the time that was spent showing the premises to prospective tenants after the tenants decided that they did not wish to proceed with the tenancy. The tenant said that they helped mitigate the landlord’s loss. The tenants estimated that the time spent on this was worth approximately $500.00.
The tenants had offered to advertise the premises when they decided to “cancel” the fixed term tenancy. They were doing so to find a new tenant to take over the tenancy that they were legally responsible for.
There is no basis for the tenants to be compensated for the time spent on this or for the cost of advertising. The tenants claim for compensation is dismissed. Exemplary damages
The tenants claim exemplary damages for breach of quiet enjoyment. The tenants claim that the landlord continued to send communication relating to rent owed after the tenants had advised them not to.
This was a fixed term tenancy. There was no legal basis for this tenancy to be cancelled as suggested by the tenants. The tenants were liable for the rent even though they had not moved into the tenancy because they had signed a tenancy agreement for a fixed term tenancy. The landlord was entitled to send communication in relation to the rent owed.
As there was no unlawful act the tenant’s claim for exemplary damages is dismissed. Landlord application
The landlord claims rent arrears totalling $1,080.00. The tenant had paid two weeks rent in advance and this further amount would total four weeks rent. This was the amount that was offered in the landlord’s email dated 6 March 2025.
I note that the landlord would be entitled to claim rent arrears to the end of the tenancy or the day before a new tenancy. The renovation of the premises by the landlord would have impacted on this also because when being renovated the premises would not be available for a new tenant. However, as the renovation was in May 2025 this does not affect the four weeks rent that the landlord seeks.
The landlord is awarded the rent arrears sought.
The bond is released to the parties as set out above.
Because Street Smart Property Management Limited As Agent For Coconut Trust has wholly succeeded with the claim I must reimburse the filing fee.
The tenant sought name suppression but as their application was unsuccessful, I am not able to award suppression.

Claims and awards in Tenancy Tribunal application 5221111. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,080.00		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

The Bond Centre is to pay the bond of $1,107.00 (00039507) to Street Smart Property Management Limited As Agent For Coconut Trust immediately. The Bond Centre is to pay the bond of $1,053.00 (00039507) to Renzo Daniel Zuleta and Pei Xian Huang immediately.
The tenants’ claims are dismissed.

Reasons

Both parties attended the hearing.
The tenants applied for refund of the bond, to be released from the fixed term tenancy, a claim in respect of the Healthy Homes standards, compensation and exemplary damages.
The landlord applied for rent arrears. Background
The tenancy was for a fixed term from 3 March 2025 until 15 March 2026.
The weekly rent was $540.00.
On 17 February 2025 the tenants paid to the landlord $3,240.00 being $1,080.00 for two weeks rent in advance and $2,160.00 for the bond. Timeline
On 6 February 2025 the tenants viewed the premises, and the following day submitted an application for the tenancy. On that same day the landlord offered the tenancy to the tenants.
The tenants asked to view the premises again and this occurred on 12 February 2025.
On 13 February 2025 both parties signed the tenancy agreement.
On 28 February 2025 the landlord provided the tenants with the key to the premises to enable them to move in early over the weekend.
On the evening of Friday 28 February 2025, the tenants emailed the landlord raising concerns about the condition of the premises after seeing it vacant. The tenants suggested several options including a periodic tenancy instead of a fixed term tenancy, delaying moving in and repair options.
On Sunday 2 March 2025 the tenants sent a further email to the landlord advising that they have decided not to proceed with the tenancy due to concerns over water damage and potential underlying issues. That same day the tenants began advertising for new tenants.
On 4 March 2025 the landlord sent an email to the tenants offering to end the fixed term tenancy early on the basis that the tenants would be liable until a new tenant is secured and after payment of the early termination administration fee.
On 6 March 2025 the landlord sent a further email to the tenants. This email offered for the tenants to be responsible for a maximum of four weeks rent and the landlord would not seek the break lease fee costs.
The tenants did not accept this offer and there was no resolution between the parties. Release from fixed term tenancy
The tenants have applied for reduction of the fixed term tenancy due to end on 15 March 2026.
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.
At the hearing the tenants submitted that the change in circumstances was the issues raised in relation to the premises and the potential impact on the tenant’s health and the health of their cat.
The tenants had raised issues relating to the condition of the premises including some maintenance issues and the Healthy Homes standards. However, the tenants did not provide the landlord with any opportunity to address these concerns. While the landlord had a Healthy Homes report dated 2021 stating that the premises were compliant the compliance date for this tenancy is 120 days after commencement.
It seems to me that the change in the tenant’s circumstances was when they entered into a new tenancy the week after this tenancy was due to commence. This was not an unforeseen change.
As there has been no unforeseen change I decline to make an order reducing the fixed term tenancy. That application is dismissed. Healthy Homes standards
The tenants claim in respect of the Healthy Homes standards.
The tenants submitted that the premises were non-compliant with the Healthy Homes standards.
The landlord had obtained a Healthy Homes report in 2021 which records that the premises were compliant with the Healthy Homes standards. The tenants claim that there should be a new report for every new tenancy, but the legislation and the regulations do not require this.
At the hearing the tenants did not provide any evidence that the premises were not compliant. Also, at the hearing, the landlord produced a report dated 10 March 2025 prepared by Affordable Energy Solutions. That report confirms that the premises are Healthy Homes compliant.
Given the two independent reports recording compliance and the lack of evidence from the tenants I conclude that the premises are compliant with the Healthy Homes standards and therefore the tenant’s claim is dismissed. Compensation
The tenants claim compensation for the time that was spent showing the premises to prospective tenants after the tenants decided that they did not wish to proceed with the tenancy. The tenant said that they helped mitigate the landlord’s loss. The tenants estimated that the time spent on this was worth approximately $500.00.
The tenants had offered to advertise the premises when they decided to “cancel” the fixed term tenancy. They were doing so to find a new tenant to take over the tenancy that they were legally responsible for.
There is no basis for the tenants to be compensated for the time spent on this or for the cost of advertising. The tenants claim for compensation is dismissed. Exemplary damages
The tenants claim exemplary damages for breach of quiet enjoyment. The tenants claim that the landlord continued to send communication relating to rent owed after the tenants had advised them not to.
This was a fixed term tenancy. There was no legal basis for this tenancy to be cancelled as suggested by the tenants. The tenants were liable for the rent even though they had not moved into the tenancy because they had signed a tenancy agreement for a fixed term tenancy. The landlord was entitled to send communication in relation to the rent owed.
As there was no unlawful act the tenant’s claim for exemplary damages is dismissed. Landlord application
The landlord claims rent arrears totalling $1,080.00. The tenant had paid two weeks rent in advance and this further amount would total four weeks rent. This was the amount that was offered in the landlord’s email dated 6 March 2025.
I note that the landlord would be entitled to claim rent arrears to the end of the tenancy or the day before a new tenancy. The renovation of the premises by the landlord would have impacted on this also because when being renovated the premises would not be available for a new tenant. However, as the renovation was in May 2025 this does not affect the four weeks rent that the landlord seeks.
The landlord is awarded the rent arrears sought.
The bond is released to the parties as set out above.
Because Street Smart Property Management Limited As Agent For Coconut Trust has wholly succeeded with the claim I must reimburse the filing fee.
The tenant sought name suppression but as their application was unsuccessful, I am not able to award suppression.

Tenancy Tribunal case 5221111 — Rent arrears at Unit/Flat 3, 23 Tawa Road, Onehunga, Auckland 1061

At a glance

Tenancy Tribunal case 5221111 — Rent arrears at Unit/Flat 3, 23 Tawa Road, Onehunga, Auckland 1061

At a glance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions