What was the outcome of Tenancy Tribunal case 5237916?

The tribunal order states: The Bond Centre is to pay the bond of $2,000.00 (6300807-001) immediately

How much money was awarded in case 5237916?

Filing Fee: $27.00 awarded to tenant; Light With Base By Agreement: $100.00 awarded to landlord

What type of tenancy dispute was case 5237916?

The dispute type was not classified.

Where can I read the official tribunal order for case 5237916?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11916709-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5237916?

The tribunal order states: The Bond Centre is to pay the bond of $2,000.00 (6300807-001) immediately

How much money was awarded in case 5237916?

Filing Fee: $27.00 awarded to tenant; Light With Base By Agreement: $100.00 awarded to landlord

What type of tenancy dispute was case 5237916?

The dispute type was not classified.

Where can I read the official tribunal order for case 5237916?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11916709-Tenancy_Tribunal_Order.pdf.

692 Beach Road, Browns Bay, Auckland 0630 Tenancy Tribunal Case 5237916 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 5237916 — net $73.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Light with base by agreement	$100.00		Light with base by agreement
Filing fee reimbursement		$27.00	Filing fee reimbursement
Total award	$100.00	$27.00
Net award	$73.00
Total payable by Tenant to Landlord	$73.00

Both parties attended the hearing via teleconference. The court appointed Korean interpreter also attended the hearing.

The tenancy started on or about 22 November 2018. The tenancy was a periodic one at the time the tenants served the landlord with the notice to terminate.

The tenants served a 21 day notice to terminate on the landlord. The notice was served by email and dated 9 April 2025. The email was sent to the landlord’s email address for service.

The tenants state that they sent a follow up text to the landlord one week later when they had not received a response to their original email. They resent the original email again to the landlord on 15 April 2025. The tenants claim that the final day of their tenancy is 30 April 2025. The landlord argues that because she only received the notice to terminate on 15 April 2025 the tenancy should end one week later on 7 May 2025.

The landlord says that she did not receive the email on 9 April 2025.

The tenant, as the applicant, is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

How a notice is served is covered by section 136 of the Residential Tenancies Act (“RTA”) which says – “136(1) Where any notice or other document is required or authorised by this Act to be given to or served on a landlord or a tenant, it shall be sufficient if it is given or served in any of the following ways: (a)it may be given to or served on the landlord or the tenant personally: (b)it may be sent by post addressed to the landlord or the tenant at the address or the Post Office box given by the landlord or the tenant as an address for service in accordance with this Act: (ba) if the landlord is a company, it may be sent by post addressed to the landlord at the address of the landlord’s registered office: (c)it may be delivered to the premises to which any address for service relates, and either placed in the mailbox or attached to the door in a prominent position: (ca) if the landlord is a company, it may be delivered to the landlord’s registered office, and either placed in the mailbox or attached to the door in a prominent position: (d)it may be transmitted to the email address or facsimile number given by the landlord or the tenant as an address for service.

The tenants provided evidence with their application confirming that the email dated 9 April 2025 was sent to the landlord. They also provided further evidence during the hearing of the email sent which clearly shows the landlord’s email address. The landlord also confirmed during the hearing that the email address recorded is her correct email address.

The landlord seeks to have a further payment of one weeks rent deducted from the bond. The landlord has not lodged an application of her own in respect of this claim.

The evidence before me leaves no doubt that the tenants served the landlord in the correct form on 9 April 2025. A notice is deemed to have been served when sent by email to the address for service as recorded.

I am entirely satisfied that the tenancy end date is in fact 30 April 2025 as served by valid email notice to the landlord on 9 April 2025, irrespective of whether the landlord saw the email or not.

The tenants’ claim is proven.

During the hearing the landlord stated that she was seeking to have $100.00 deducted from the bond for the repair/replacement of a light and base. The tenants confirmed during the hearing that they accept this claim. Accordingly, I have deducted the amount of $100.00 as agreed by the parties.

Because Han Koo Cho, Jiseon Ha has wholly succeeded with the claim I must reimburse the filing fee.

I am also very grateful to the parties and the Korean interpreter for attending the hearing by telephone at short notice.

Claims and awards in Tenancy Tribunal application 5237916 — net $73.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Light with base by agreement	$100.00		Light with base by agreement
Filing fee reimbursement		$27.00	Filing fee reimbursement
Total award	$100.00	$27.00
Net award	$73.00
Total payable by Tenant to Landlord	$73.00

Order

The Bond Centre is to pay the bond of $2,000.00 (6300807-001) immediately apportioned as follows: Anmar Taufeek: $73.00 Han Koo Cho and Jiseon Ha: $1,927.00

Reasons

Both parties attended the hearing via teleconference. The court appointed Korean interpreter also attended the hearing.
The tenancy started on or about 22 November 2018. The tenancy was a periodic one at the time the tenants served the landlord with the notice to terminate.
The tenants served a 21 day notice to terminate on the landlord. The notice was served by email and dated 9 April 2025. The email was sent to the landlord’s email address for service.
The tenants state that they sent a follow up text to the landlord one week later when they had not received a response to their original email. They resent the original email again to the landlord on 15 April 2025. The tenants claim that the final day of their tenancy is 30 April 2025. The landlord argues that because she only received the notice to terminate on 15 April 2025 the tenancy should end one week later on 7 May 2025.
The landlord says that she did not receive the email on 9 April 2025.
The tenant, as the applicant, is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
How a notice is served is covered by section 136 of the Residential Tenancies Act (“RTA”) which says – “136(1) Where any notice or other document is required or authorised by this Act to be given to or served on a landlord or a tenant, it shall be sufficient if it is given or served in any of the following ways: (a)it may be given to or served on the landlord or the tenant personally: (b)it may be sent by post addressed to the landlord or the tenant at the address or the Post Office box given by the landlord or the tenant as an address for service in accordance with this Act: (ba) if the landlord is a company, it may be sent by post addressed to the landlord at the address of the landlord’s registered office: (c)it may be delivered to the premises to which any address for service relates, and either placed in the mailbox or attached to the door in a prominent position: (ca) if the landlord is a company, it may be delivered to the landlord’s registered office, and either placed in the mailbox or attached to the door in a prominent position: (d)it may be transmitted to the email address or facsimile number given by the landlord or the tenant as an address for service.
The tenants provided evidence with their application confirming that the email dated 9 April 2025 was sent to the landlord. They also provided further evidence during the hearing of the email sent which clearly shows the landlord’s email address. The landlord also confirmed during the hearing that the email address recorded is her correct email address.
The landlord seeks to have a further payment of one weeks rent deducted from the bond. The landlord has not lodged an application of her own in respect of this claim.
The evidence before me leaves no doubt that the tenants served the landlord in the correct form on 9 April 2025. A notice is deemed to have been served when sent by email to the address for service as recorded.
I am entirely satisfied that the tenancy end date is in fact 30 April 2025 as served by valid email notice to the landlord on 9 April 2025, irrespective of whether the landlord saw the email or not.
The tenants’ claim is proven.
During the hearing the landlord stated that she was seeking to have $100.00 deducted from the bond for the repair/replacement of a light and base. The tenants confirmed during the hearing that they accept this claim. Accordingly, I have deducted the amount of $100.00 as agreed by the parties.
Because Han Koo Cho, Jiseon Ha has wholly succeeded with the claim I must reimburse the filing fee.
I am also very grateful to the parties and the Korean interpreter for attending the hearing by telephone at short notice.

Tenancy Tribunal case 5237916 — Tenancy dispute at 692 Beach Road, Browns Bay, Auckland 0630

At a glance

Tenancy Tribunal case 5237916 — Tenancy dispute at 692 Beach Road, Browns Bay, Auckland 0630

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions