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Ace Body Corporate & Property Management Ltd v Kelsey Garratt [2017] NZDC 2259

Published 01 May 2017

Appeal from Tenancy Tribunal — fixed term-agreement — liability for rent — Residential Tenancies Act 1986, s 118. An appeal from a decision of the Tenancy Tribunal on the grounds that the adjudicator was wrong in fact and law. At the Tenancy Tribunal hearing the adjudicator found that a new agreement was formed at the time that the landlord and tenant agreed to terminate a fixed-term tenancy. In relation to the new agreement, the Landlord was found to have acted unreasonably in not accepting potential replacement tenants found by the tenants. The Landlord's non-acceptance of the potential tenants was unreasonable because the reason for the rejection had not been conveyed to the Tenants as a condition of suitability. The Landlord had also entered the property and removed the Tenant's property after the Tenant had moved but before the tenancy had ended for which the Landlord was ordered by the Tribunal to pay exemplary damages to the Tenant. The court dismissed the appeal on the grounds that the decisions made at the Tribunal were open to the adjudicator. In regards to a claim for further costs by the Landlord, the adjudicator’s order that “no further rent or other costs” shall be paid in relation to the tenancy” was upheld and an order made that the bond was to be returned to the Tenants. Judgment Date: 8 February 2017.

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