What was the outcome of Tenancy Tribunal case 5430588?

The tribunal order states: The Bond Centre is to pay the bond of $3,600.00 (BN-00062811) immediately

How much money was awarded in case 5430588?

Advertising - Early Termination: $230.00 awarded to landlord; Early Termination - Admin Fees: $805.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $642.86 awarded to landlord; Rent Shortfall To End Of Tenancy: $80.00 awarded to landlord; Water Rates: $27.15 awarded to landlord

What type of tenancy dispute was case 5430588?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5430588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13409644-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5430588?

The tribunal order states: The Bond Centre is to pay the bond of $3,600.00 (BN-00062811) immediately

How much money was awarded in case 5430588?

Advertising - Early Termination: $230.00 awarded to landlord; Early Termination - Admin Fees: $805.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $642.86 awarded to landlord; Rent Shortfall To End Of Tenancy: $80.00 awarded to landlord; Water Rates: $27.15 awarded to landlord

What type of tenancy dispute was case 5430588?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5430588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13409644-Tenancy_Tribunal_Order.pdf.

8 Corrofin Drive, East Tamaki, Auckland 2013 Tenancy Tribunal Case 5430588 — Rent arrears

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8 Corrofin Drive, East Tamaki, Auckland 2013 Tenancy Tribunal Case 5430588 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5430588 — net $1,813.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$642.86	Rent arrears
Water rates	$27.15	Water rates
Rent Shortfall to End of Tenancy	$80.00	Rent Shortfall to End of Tenancy
Advertising - Early Termination	$230.00	Advertising - Early Termination
Early Termination - Admin fees	$805.00	Early Termination - Admin fees
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,813.01
Bond	$3,600.00
Total payable by Tenant to Landlord	$1,813.01

Claims and awards for application 5430588 — net $1,813.01 NZD. Verify on MoJ.

Rent arrears

Amount: $642.86
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $27.15
Awarded to: Landlord
Reason: Water rates

Rent Shortfall to End of Tenancy

Amount: $80.00
Awarded to: Landlord
Reason: Rent Shortfall to End of Tenancy

Advertising - Early Termination

Amount: $230.00
Awarded to: Landlord
Reason: Advertising - Early Termination

Early Termination - Admin fees

Amount: $805.00
Awarded to: Landlord
Reason: Early Termination - Admin fees

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The Bond Centre is to pay the bond of $3,600.00 (BN-00062811) immediately apportioned as follows: Property Locker (2020) Limited As Agent For Kexin Yu: $1,813.01 Justin Wade Nel and Tearra Charlize Nel: $1,786.99
Justin Wade Nel and Tearra Charlize Nel must pay Property Locker (2020) Limited As Agent For Kevin Yu $1,813.01 from the Bond as shown in the table below:

Reasons

Both parties attended the hearing by video. Mr Nel attended for the tenants.
The tenancy was for a fixed term to April 2026. The tenants wanted to end the tenancy early. The landlord agreed to that, on standard terms; that the tenant would pay administration costs related to the early termination and rent until a new tenant was found.
Mr Nel did not like the uncertainty around those terms, so proposed paying a lump sum (by forfeiting the bond) to end the tenancy on a date that was convenient to the tenants; shortly before Christmas 2025. The landlord agreed to the tenant’s request and took the risk of finding new tenants quickly and meeting the administration and advertising costs.
A new tenant was found reasonably quickly, so the landlord’s loses were less than the total bond. Mr Nel now says that agreement he proposed is not enforceable under s11 Residential Tenancies Act and that he should receive the full bond, or the bond less actual costs/losses suffered by the landlord.
Section 11 provides that the RTA will apply despite contrary provisions in any agreement. However, s11(2) allows the Tribunal to permit a contrary agreement or arrangement if the Tribunal is satisfied that, having regard to the nature of the tenancy, the provisions of the tenancy agreement, the interests of the parties, and all other relevant circumstances of the case, the inconsistency, exclusion, modification, or restriction should be permitted.
The early release from the tenancy were solely for the tenant’s benefit and were granted on terms proposed by the tenant. If the landlord had applied for the full bond, as agreed, I likely would have granted that application. However, it did not.
The landlord has applied for the shortfall in rent for the period the property was vacant, the difference between the rent Mr Nel would have paid to the end of the tenancy and the reduced rent paid by the new tenant, advertising and administration costs incurred in finding a new tenant. Mr Nel accepted that the costs claimed are reasonable. I have made orders accordingly. 1
I also award the Landlord reimbursement of the Tribunal application fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5430588 — net $1,813.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$642.86	Rent arrears
Water rates	$27.15	Water rates
Rent Shortfall to End of Tenancy	$80.00	Rent Shortfall to End of Tenancy
Advertising - Early Termination	$230.00	Advertising - Early Termination
Early Termination - Admin fees	$805.00	Early Termination - Admin fees
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,813.01
Bond	$3,600.00
Total payable by Tenant to Landlord	$1,813.01

Claims and awards for application 5430588 — net $1,813.01 NZD. Verify on MoJ.

Rent arrears

Amount: $642.86
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $27.15
Awarded to: Landlord
Reason: Water rates

Rent Shortfall to End of Tenancy

Amount: $80.00
Awarded to: Landlord
Reason: Rent Shortfall to End of Tenancy

Advertising - Early Termination

Amount: $230.00
Awarded to: Landlord
Reason: Advertising - Early Termination

Early Termination - Admin fees

Amount: $805.00
Awarded to: Landlord
Reason: Early Termination - Admin fees

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The Bond Centre is to pay the bond of $3,600.00 (BN-00062811) immediately apportioned as follows: Property Locker (2020) Limited As Agent For Kexin Yu: $1,813.01 Justin Wade Nel and Tearra Charlize Nel: $1,786.99
Justin Wade Nel and Tearra Charlize Nel must pay Property Locker (2020) Limited As Agent For Kevin Yu $1,813.01 from the Bond as shown in the table below:

Reasons

Both parties attended the hearing by video. Mr Nel attended for the tenants.
The tenancy was for a fixed term to April 2026. The tenants wanted to end the tenancy early. The landlord agreed to that, on standard terms; that the tenant would pay administration costs related to the early termination and rent until a new tenant was found.
Mr Nel did not like the uncertainty around those terms, so proposed paying a lump sum (by forfeiting the bond) to end the tenancy on a date that was convenient to the tenants; shortly before Christmas 2025. The landlord agreed to the tenant’s request and took the risk of finding new tenants quickly and meeting the administration and advertising costs.
A new tenant was found reasonably quickly, so the landlord’s loses were less than the total bond. Mr Nel now says that agreement he proposed is not enforceable under s11 Residential Tenancies Act and that he should receive the full bond, or the bond less actual costs/losses suffered by the landlord.
Section 11 provides that the RTA will apply despite contrary provisions in any agreement. However, s11(2) allows the Tribunal to permit a contrary agreement or arrangement if the Tribunal is satisfied that, having regard to the nature of the tenancy, the provisions of the tenancy agreement, the interests of the parties, and all other relevant circumstances of the case, the inconsistency, exclusion, modification, or restriction should be permitted.
The early release from the tenancy were solely for the tenant’s benefit and were granted on terms proposed by the tenant. If the landlord had applied for the full bond, as agreed, I likely would have granted that application. However, it did not.
The landlord has applied for the shortfall in rent for the period the property was vacant, the difference between the rent Mr Nel would have paid to the end of the tenancy and the reduced rent paid by the new tenant, advertising and administration costs incurred in finding a new tenant. Mr Nel accepted that the costs claimed are reasonable. I have made orders accordingly. 1
I also award the Landlord reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5430588 — Rent arrears at 8 Corrofin Drive, East Tamaki, Auckland 2013

At a glance

Tenancy Tribunal case 5430588 — Rent arrears at 8 Corrofin Drive, East Tamaki, Auckland 2013

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