What was the outcome of Tenancy Tribunal case 5243971?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5243971?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5243971?

The primary dispute was Rent arrears. Related themes: Leaks.

Where can I read the official tribunal order for case 5243971?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12046565-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5243971?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5243971?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5243971?

The primary dispute was Rent arrears. Related themes: Leaks.

Where can I read the official tribunal order for case 5243971?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12046565-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 24 Eastglen Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 5243971 — Rent arrears

Reasons

Both parties attended the hearing.

The parties had agreed at the start of the fixed term tenancy that the tenancy would be terminated by mutual consent with no additional penalty to the tenant apart from the landlord retaining one week’s rent in advance, and the bond to be refunded in full to the tenant.

The bond has since been returned to the tenant but the tenant is unhappy with the length of time it has taken.

The tenant seeks an award of $1000 in compensation, broken down as follows: - $600 for lost rent for a property the tenant could not safely occupy - $400 for emotional distress, time spent resolving the issue and the overall mishandling of the bond process.

The tenant indicates that she is open to the Tribunal's discretion in determining an appropriate a based on the hardship and impact this situation has caused.

In order to determine if the tenant is entitled to compensation, I must address these issues: a. whether the property is uninhabitable; and b. whether the landlord is in breach of its obligations in respect of the bond refund.

On the first issue, while I would have found the landlord in breach of maintenance obligations at the start of the tenancy, I do not consider the breach by the landlord to be of such a nature or extent that the tenancy should be terminated forthwith. The issues surrounding window latches, a sticky door and toilet that leaked could be repaired by the landlord within a reasonable time and appropriate compensation awarded to the tenant. However, those breaches do not justify the tenant abandoning the fixed term tenancy nor would an order be made by the Tribunal that this property is uninhabitable. For those reasons, I consider that the parties’ mutual agreement for the tenant to be released from the fixed term tenancy and losing only the first week’s rent to be fair. I therefore decline the tenant’s claim for the return of the week’s rent in advance.

As for the second issue, I do not consider that the landlord has breached the parties’ agreement for the bond to be returned to the tenant in a timely fashion. I accept the landlord’s explanation that the delay in the bond refund was to do with bond centre protocols which the landlord had engaged appropriately with the bond centre. It was not a case where the landlord had been remiss or had intentionally caused the refund of the bond to the tenant to be delayed. I do not accept the tenant’s assertion that the landlord had not returned the correct paperwork to the bond centre, as alleged. In any event, the issue of processing and timing of the refund of the bonds are matters which fall under the purview of the bond centre which delay is not actionable by a claim for compensation against a landlord.

In the upshot, I find that: a. the tenant is not entitled to the return of the week’s rent because the parties’ mutual agreement to end the fixed term tenancy is fairly reached on terms that the landlord is entitled to retain only that week’s rent in consideration of releasing the tenant from the fixed term tenancy without any further penalty, whether in rent arrears or fees to relet the premises. b. the tenant is not entitled to compensation for the late return of the bond because the landlord is not in breach of their bond requirements.

I therefore dismiss the claims and costs should lie where they fall.

Order

The application is dismissed.

Reasons

Both parties attended the hearing.
The parties had agreed at the start of the fixed term tenancy that the tenancy would be terminated by mutual consent with no additional penalty to the tenant apart from the landlord retaining one week’s rent in advance, and the bond to be refunded in full to the tenant.
The bond has since been returned to the tenant but the tenant is unhappy with the length of time it has taken.
The tenant seeks an award of $1000 in compensation, broken down as follows: - $600 for lost rent for a property the tenant could not safely occupy - $400 for emotional distress, time spent resolving the issue and the overall mishandling of the bond process.
The tenant indicates that she is open to the Tribunal's discretion in determining an appropriate a based on the hardship and impact this situation has caused.
In order to determine if the tenant is entitled to compensation, I must address these issues: a. whether the property is uninhabitable; and b. whether the landlord is in breach of its obligations in respect of the bond refund.
On the first issue, while I would have found the landlord in breach of maintenance obligations at the start of the tenancy, I do not consider the breach by the landlord to be of such a nature or extent that the tenancy should be terminated forthwith. The issues surrounding window latches, a sticky door and toilet that leaked could be repaired by the landlord within a reasonable time and appropriate compensation awarded to the tenant. However, those breaches do not justify the tenant abandoning the fixed term tenancy nor would an order be made by the Tribunal that this property is uninhabitable. For those reasons, I consider that the parties’ mutual agreement for the tenant to be released from the fixed term tenancy and losing only the first week’s rent to be fair. I therefore decline the tenant’s claim for the return of the week’s rent in advance.
As for the second issue, I do not consider that the landlord has breached the parties’ agreement for the bond to be returned to the tenant in a timely fashion. I accept the landlord’s explanation that the delay in the bond refund was to do with bond centre protocols which the landlord had engaged appropriately with the bond centre. It was not a case where the landlord had been remiss or had intentionally caused the refund of the bond to the tenant to be delayed. I do not accept the tenant’s assertion that the landlord had not returned the correct paperwork to the bond centre, as alleged. In any event, the issue of processing and timing of the refund of the bonds are matters which fall under the purview of the bond centre which delay is not actionable by a claim for compensation against a landlord.
In the upshot, I find that: a. the tenant is not entitled to the return of the week’s rent because the parties’ mutual agreement to end the fixed term tenancy is fairly reached on terms that the landlord is entitled to retain only that week’s rent in consideration of releasing the tenant from the fixed term tenancy without any further penalty, whether in rent arrears or fees to relet the premises. b. the tenant is not entitled to compensation for the late return of the bond because the landlord is not in breach of their bond requirements.
I therefore dismiss the claims and costs should lie where they fall.

Tenancy Tribunal case 5243971 — Rent arrears at Unit/Flat 4, 24 Eastglen Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 5243971 — Rent arrears at Unit/Flat 4, 24 Eastglen Road, Glen Eden, Auckland 0602

At a glance

Claims & awards

Order

Reasons

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Property management

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Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions