What was the outcome of Tenancy Tribunal case 5279199?

The tribunal order states: Kanika Gulati and Jatin Khanna must pay Cocoon Services Limited As Agent

How much money was awarded in case 5279199?

Compensation: Rent For 21 Days: $1,725.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,450.00 awarded to landlord; Water Rates: $293.54 awarded to landlord

What type of tenancy dispute was case 5279199?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5279199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12161160-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5279199?

The tribunal order states: Kanika Gulati and Jatin Khanna must pay Cocoon Services Limited As Agent

How much money was awarded in case 5279199?

Compensation: Rent For 21 Days: $1,725.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,450.00 awarded to landlord; Water Rates: $293.54 awarded to landlord

What type of tenancy dispute was case 5279199?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5279199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12161160-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 472 West Coast Road, Glen Eden, Auckland Tenancy Tribunal Case 5279199 — Rent arrears

Claims and awards in Tenancy Tribunal application 5279199 — net $3,195.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,450.00	Rent arrears
Compensation: rent for 21 days	$1,725.00	rent for 21 days
Water rates	$293.54	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,195.54
Total payable by Tenant to Landlord	$3,195.54

Order

Kanika Gulati and Jatin Khanna must pay Cocoon Services Limited As Agent For Julie Ithappiri & Vinu Jacob Mani $3,195.54 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,300.00 (6514402-002) to Cocoon Services Limited As Agent For Julie Ithappiri & Vinu Jacob Mani immediately.

Reasons

The landlord’s representatives and both tenants attended the hearing held by video conference on 24 July 2025.
The landlord has applied for rent and water arrears and for compensation for lost rent and other expenses relating to the early ending of a fixed term tenancy.
The tenancy started on 8 September 2024 and was for an initial fixed term until 6 September 2025.
The tenants’ circumstances changed when one of their parents (living overseas) became seriously ill. KG returned to India to be with her mother in about February. JK stayed behind in New Zealand, and they hoped things would improve.
Sadly, KG’s mother remained ill and in early May JK also travelled to India. The tenants were still hoping they may be able to return but JK sold their belongings and left the premises vacant in case they could not.
Emails between the landlord and tenants show the tenants kept the landlord informed of their circumstances. In early May the tenants responded to a query about a missing rent payment to say that they were away in India but would pay the ongoing rent.
On 29 May 2025, after the landlords had followed up again about rent, the tenants advised that they would not be returning to New Zealand. They updated the landlord that they had been unable to pay the rent due because of loss of employment and illness.
The landlord agreed to end the fixed term tenancy and to accept a 21-day notice period instead of the usual requirement to pay rent until a new tenant is found.
The landlord has also waived its legal right to seek payment of expenses related to the early ending of the tenancy; see section 44A Residential Tenancies Act 1986 (RTA). This often includes advertising and credit check costs and some agent time. The landlord estimates these at about $862.50 but does not seek this compensation.
The tenants explained that the change in their circumstances and lack of employment for part of the time means that they are experiencing severe financial hardship and cannot pay the amounts claimed. They did offer to refund the bond to the landlord in full on the date they advised they would not be returning to NZ. Rent and water rates owing
The landlord supplied a rent summary proving unpaid rent of $3,450.00 to 31 May 2025.
The tenants accept the amount claimed for water rates is correct as $293.54.
I award these amounts. Ending of the fixed term tenancy
A tenancy for a fixed term is a binding legal contract and, under normal circumstances 1 , cannot be ended by either party giving notice to the other.
A landlord and tenant can agree to end a fixed term tenancy early; section 50(1)(d) RTA.
Usually, a tenant remains liable to pay rent until new tenants move in to replace them and a landlord can also seek payment of expenses related to the early termination.
In this case, the landlord did agree to end the tenancy early on condition of a 21-day notice period from 31 May 2025.
The property was re-tenanted from 26 June 2025.
There was discussion in the hearing about section 66 RTA which allows parties to ask the Tribunal to reduce the term of a fixed term tenancy where there are unforeseen circumstances and severe hardship.
The tenants did not make a formal application under s66, but I took the same factors into account. I accept that there were unforeseen circumstances and there is severe hardship. However, this does not mean the tenants are not liable to fairly compensate the landlord. Section 66 RTA still provides for compensation.
In my view, the terms offered by the landlord are fair. The tenants experienced unforeseen circumstances and financial hardship, so the landlord released them from their contract. However, those circumstances are no fault of the landlord and compensation of a 21-day notice period is reasonable. The landlord also waives any readvertising and other costs related to the early ending of the tenancy.
I award the landlord compensation equal to 21-days of rent which is $1,725.00. Locks
The landlord seeks payment of an estimated amount to change the locks at the property on the basis the tenants still have one set of keys. I decline this claim because I accept the tenants’ assurances that they have not given the keys to 1 A fixed term tenancy can be terminated by the giving of notice in the specific circumstances listed in section 50(1) Residential Tenancies Act 1986 which include where premises are unlawful, uninhabitable, a tenant has been charged with assault on a landlord, or a tenant has withdrawn from the tenancy due to proven family violence. any other person. I do not consider it is necessary to change the locks and the landlords have not yet done so.
I suggest the tenants dispose of the keys in India or perhaps post them back to the agent using tracked post.
I also dismiss the landlord’s claim to recover a Tribunal appearance fee. This is payable under the contract between the agent and owner and not something a tenant is liable for. Filing fee and suppression of name
The landlord has substantially succeeded with its claims, so I award the filing fee.
The landlord does not seek suppression of name. I do not suppress the tenants’ names. I acknowledge the very difficult circumstances they are in however there is rent and water owing to the date they confirmed they were not returning to New Zealand.
I acknowledge the respectful way in which both parties communicated and conducted themselves throughout the negotiations between them and in the Tribunal proceedings.

Claims and awards in Tenancy Tribunal application 5279199 — net $3,195.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,450.00	Rent arrears
Compensation: rent for 21 days	$1,725.00	rent for 21 days
Water rates	$293.54	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,195.54
Total payable by Tenant to Landlord	$3,195.54

Order

Kanika Gulati and Jatin Khanna must pay Cocoon Services Limited As Agent For Julie Ithappiri & Vinu Jacob Mani $3,195.54 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,300.00 (6514402-002) to Cocoon Services Limited As Agent For Julie Ithappiri & Vinu Jacob Mani immediately.

Reasons

The landlord’s representatives and both tenants attended the hearing held by video conference on 24 July 2025.
The landlord has applied for rent and water arrears and for compensation for lost rent and other expenses relating to the early ending of a fixed term tenancy.
The tenancy started on 8 September 2024 and was for an initial fixed term until 6 September 2025.
The tenants’ circumstances changed when one of their parents (living overseas) became seriously ill. KG returned to India to be with her mother in about February. JK stayed behind in New Zealand, and they hoped things would improve.
Sadly, KG’s mother remained ill and in early May JK also travelled to India. The tenants were still hoping they may be able to return but JK sold their belongings and left the premises vacant in case they could not.
Emails between the landlord and tenants show the tenants kept the landlord informed of their circumstances. In early May the tenants responded to a query about a missing rent payment to say that they were away in India but would pay the ongoing rent.
On 29 May 2025, after the landlords had followed up again about rent, the tenants advised that they would not be returning to New Zealand. They updated the landlord that they had been unable to pay the rent due because of loss of employment and illness.
The landlord agreed to end the fixed term tenancy and to accept a 21-day notice period instead of the usual requirement to pay rent until a new tenant is found.
The landlord has also waived its legal right to seek payment of expenses related to the early ending of the tenancy; see section 44A Residential Tenancies Act 1986 (RTA). This often includes advertising and credit check costs and some agent time. The landlord estimates these at about $862.50 but does not seek this compensation.
The tenants explained that the change in their circumstances and lack of employment for part of the time means that they are experiencing severe financial hardship and cannot pay the amounts claimed. They did offer to refund the bond to the landlord in full on the date they advised they would not be returning to NZ. Rent and water rates owing
The landlord supplied a rent summary proving unpaid rent of $3,450.00 to 31 May 2025.
The tenants accept the amount claimed for water rates is correct as $293.54.
I award these amounts. Ending of the fixed term tenancy
A tenancy for a fixed term is a binding legal contract and, under normal circumstances 1 , cannot be ended by either party giving notice to the other.
A landlord and tenant can agree to end a fixed term tenancy early; section 50(1)(d) RTA.
Usually, a tenant remains liable to pay rent until new tenants move in to replace them and a landlord can also seek payment of expenses related to the early termination.
In this case, the landlord did agree to end the tenancy early on condition of a 21-day notice period from 31 May 2025.
The property was re-tenanted from 26 June 2025.
There was discussion in the hearing about section 66 RTA which allows parties to ask the Tribunal to reduce the term of a fixed term tenancy where there are unforeseen circumstances and severe hardship.
The tenants did not make a formal application under s66, but I took the same factors into account. I accept that there were unforeseen circumstances and there is severe hardship. However, this does not mean the tenants are not liable to fairly compensate the landlord. Section 66 RTA still provides for compensation.
In my view, the terms offered by the landlord are fair. The tenants experienced unforeseen circumstances and financial hardship, so the landlord released them from their contract. However, those circumstances are no fault of the landlord and compensation of a 21-day notice period is reasonable. The landlord also waives any readvertising and other costs related to the early ending of the tenancy.
I award the landlord compensation equal to 21-days of rent which is $1,725.00. Locks
The landlord seeks payment of an estimated amount to change the locks at the property on the basis the tenants still have one set of keys. I decline this claim because I accept the tenants’ assurances that they have not given the keys to 1 A fixed term tenancy can be terminated by the giving of notice in the specific circumstances listed in section 50(1) Residential Tenancies Act 1986 which include where premises are unlawful, uninhabitable, a tenant has been charged with assault on a landlord, or a tenant has withdrawn from the tenancy due to proven family violence. any other person. I do not consider it is necessary to change the locks and the landlords have not yet done so.
I suggest the tenants dispose of the keys in India or perhaps post them back to the agent using tracked post.
I also dismiss the landlord’s claim to recover a Tribunal appearance fee. This is payable under the contract between the agent and owner and not something a tenant is liable for. Filing fee and suppression of name
The landlord has substantially succeeded with its claims, so I award the filing fee.
The landlord does not seek suppression of name. I do not suppress the tenants’ names. I acknowledge the very difficult circumstances they are in however there is rent and water owing to the date they confirmed they were not returning to New Zealand.
I acknowledge the respectful way in which both parties communicated and conducted themselves throughout the negotiations between them and in the Tribunal proceedings.

Tenancy Tribunal case 5279199 — Rent arrears at Unit/Flat 2, 472 West Coast Road, Glen Eden, Auckland

At a glance

Tenancy Tribunal case 5279199 — Rent arrears at Unit/Flat 2, 472 West Coast Road, Glen Eden, Auckland

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