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Wright v Gokcen [2020] NZDC 3198

Published 22 July 2020

Appeal tenancy tribunal — termination of contract — rent — obligation to pay — Residential Tenancies Amendment Act 2010, s 66. A tenant appealed against a decision of the Tenancy Tribunal ordering him to pay a landlord $1429.01 for rent owing. After signing a tenancy agreement for a long-term lease, the tenant advised they would not be taking up the tenancy but offered to pay rent until a replacement tenant was found. This took two weeks. The tenant appealed the decision, saying that as he had never been given a key, not paid bond, the letting fee or rent in advance, he was not liable to pay the rent for those two weeks. At issue for the Judge was whether a binding contract was in place; if so then the tenant would be liable for the total term of the lease. The Judge found that the tenant 's obligations began at the time of signing the agreement to lease; not upon payment of the letting fee or monies owed under the agreement. As the tenant had sought cancellation, which had been accepted by the landlord, the tenant was then bound by the the terms of the acceptance and the tenant was obliged to pay until another tenant was found. The Judge found the Tribunal's decision was correct and dismissed the appeal. Judgment Date: 19 February 2020.

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