How much money was awarded in case 5323086?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,000.00 awarded to landlord

What type of tenancy dispute was case 5323086?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5323086?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12347064-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5323086?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,000.00 awarded to landlord

What type of tenancy dispute was case 5323086?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5323086?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12347064-Tenancy_Tribunal_Order.pdf.

20A Panair Crescent, Hillcrest, Hamilton 3216 Tenancy Tribunal Case 5323086 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5323086?

The tribunal order states: The term of the fixed-term tenancy of Ignacio Berrosteguseto Aresche at 20A

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Order

Claims and awards in Tenancy Tribunal application 5323086 — net $628.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (additional 5 weeks from leaving on 10 th August	$3,000.00	Rent arrears (additional 5 weeks from leaving on 10 th August
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$628.00
Total payable by Tenant to Landlord	$628.00

The term of the fixed-term tenancy of Ignacio Berrosteguseto Aresche at 20A Panair Crescent, Hillcrest, Hamilton 3216 is reduced and now ends at 14 th September 2025.

The bond centre is to refund the bond of $2,400.00 to Gaurav Anil Kapoor immediately.

Ignacio Berrosteguseto Aresche must pay Gaurav Anil Kapoor $628.00 immediately.

Reasons

Both parties attended the hearing.

The tenant gave five weeks notice to terminate a fixed term tenancy that was due to come to an end on 27 th October 2025. He gave five weeks notice and moved out on the 10 th August 2025.

The landlord has been unable to find a new tenant and claims for the loss of rent up to the 27 th October, he advises he will let the tenant know if he finds someone and will not take any further funds from the tenant at that time.

The tenant claims that he paid $150.00 to his landlord for his time in relation to advertising and seeing new tenants. He has taken five people through without success. He states he is very careful who he takes as a tenant. The tenant also paid for the highest quality of listing for the trade me ad.

The tenant, when ending a fixed term tenancy is to pay reasonable fees in relation to the ending of the fixed term.

The landlord states that he is now advertising the property for a six month fixed term tenancy. He is also advertising the property at an increased rental of $40.00 per week more that this tenant was paying. He said he is doing so because it was advertised as $620.00 when this tenant signed up as the tenant and this tenant negotiated him down to $600.00

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.

There has been an unforeseen change in the tenant's circumstances. His contract came to an end at work, and he secured new employment in Auckland. He travelled four hours return trip a day to his new employment for five weeks. He used savings that were to be used for his tax payment and now has an IRD debt that will be repaid in 2028. He has new accommodation in Auckland as a cost of $625 per week and a new baby on the way.

The tenant would suffer severe hardship if the term of the tenancy was not reduced.

The landlord would also suffer hardship if the term is reduced as he is not able to re let at this time as he has failed to find someone.

I have weighted the evidence from both parties position up and have decided to terminate five weeks after the tenant left.

Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986. This has already been paid by the tenant for the advertisement and management fee.

On this basis the tenant owes a further five weeks rent as I make the termination date in consideration of both party’s position.

Because Gaurav Anil Kapoor has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5323086 — net $628.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (additional 5 weeks from leaving on 10 th August	$3,000.00	Rent arrears (additional 5 weeks from leaving on 10 th August
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$628.00
Total payable by Tenant to Landlord	$628.00

The term of the fixed-term tenancy of Ignacio Berrosteguseto Aresche at 20A Panair Crescent, Hillcrest, Hamilton 3216 is reduced and now ends at 14 th September 2025.

The bond centre is to refund the bond of $2,400.00 to Gaurav Anil Kapoor immediately.

Ignacio Berrosteguseto Aresche must pay Gaurav Anil Kapoor $628.00 immediately.

Reasons

Both parties attended the hearing.

The tenant gave five weeks notice to terminate a fixed term tenancy that was due to come to an end on 27 th October 2025. He gave five weeks notice and moved out on the 10 th August 2025.

The tenant, when ending a fixed term tenancy is to pay reasonable fees in relation to the ending of the fixed term.

The tenant would suffer severe hardship if the term of the tenancy was not reduced.

The landlord would also suffer hardship if the term is reduced as he is not able to re let at this time as he has failed to find someone.

I have weighted the evidence from both parties position up and have decided to terminate five weeks after the tenant left.

On this basis the tenant owes a further five weeks rent as I make the termination date in consideration of both party’s position.

Because Gaurav Anil Kapoor has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5323086 — Rent arrears at 20A Panair Crescent, Hillcrest, Hamilton 3216

At a glance

Tenancy Tribunal case 5323086 — Rent arrears at 20A Panair Crescent, Hillcrest, Hamilton 3216

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