What was the outcome of Tenancy Tribunal case 4929480?

The tribunal order states: Elley Zammit and Steve Zammit must pay Wellington Property Management

How much money was awarded in case 4929480?

Break Lease Fee: $402.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,765.71 awarded to landlord; Rubbish Removal: $638.25 awarded to landlord

What type of tenancy dispute was case 4929480?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4929480?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10916286-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4929480?

The tribunal order states: Elley Zammit and Steve Zammit must pay Wellington Property Management

How much money was awarded in case 4929480?

Break Lease Fee: $402.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,765.71 awarded to landlord; Rubbish Removal: $638.25 awarded to landlord

What type of tenancy dispute was case 4929480?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4929480?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10916286-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 117 Kamahi Street, Stokes Valley, Lower Hutt Tenancy Tribunal Case 4929480 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4929480 — net $3,953.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 August 2024	$5,765.71	Rent arrears to 12 August 2024
Cleaning and rubbish removal	$638.25	Cleaning and rubbish removal
Break lease fee	$402.50	Break lease fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,953.46
Total payable by Tenant to Landlord	$3,953.46

The landlord attended the hearing which was held by teleconference on 2 October 2024. The tenants did not attend the hearing. The tenants were contacted on the contact numbers in the application and on the court file without success. I proceeded with the hearing in the tenants’ absence as I was satisfied that adequate service of the hearing notice had been completed.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

Under the Residential Tenancies Act 1986 (“RTA”), a fixed term tenancy creates a legally binding agreement between the landlord and the tenant that remains in effect until the specified expiry date unless both parties agree to end it earlier.

In this case, the tenants entered a fixed term tenancy which started on 29 October 2023 and was to expire on 25 October 2024.

The tenants requested early release from the fixed term tenancy. This was agreed by the landlord on condition that the tenants remained liable for rent until the property was relet. The landlord also noted that the tenants would be liable for the break lease fee $350 + GST which covered the cost of re advertising, viewings and credit checks (see email from the property manager to the tenants on 14 June 2024).

Tenants cannot unilaterally terminate a fixed-term tenancy without consequences. The RTA allows tenants to be held liable for rent until a replacement tenant is found or the fixed term ends, whichever occurs first. The condition that the tenants remain liable for rent until the property is relet is reasonable and aligned with the landlord’s right to mitigate losses resulting from the tenants’ early termination. The tenants’ early departure constitutes a breach of the fixed-term agreement, and the landlord is entitled to recover rent until a new tenancy begins.

The tenancy was relet on 13 August 2024. I find the tenant remained liable for the rent to 12 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Furthermore, the break lease fee is reasonable and reflects legitimate costs, such as advertising and property viewings. This fee reflects the actual expenses required to relet the property and is considered fair compensation for the work the landlord had to undertake due to the tenants’ request for early release, which is not excessive. The fee is not punitive but compensatory in nature.

Did the tenants comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenants must leave the premises reasonably clean and tidy, remove all goods and rubbish from the premises at the end of the tenancy. See section 40(1)(e)(ii)-(iii) RTA.

This does not require the property to be spotless or in a perfect state, but it does require basic cleanliness, including removing dirt, grime, rubbish and personal items. The tenants are also expected to perform basic cleaning tasks like vacuuming, wiping surfaces, and ensuring areas such as kitchens and bathrooms are cleaned appropriately. The landlord provided photographs showing the condition of the premises after the tenants vacated. These photos showed: • unvacuumed floors with visible dirt and dust, • drawers, cupboards, and surfaces that had not been wiped clean, • baked-on grime in the oven and on the oven trays, • items and rubbish left inside and outside the house, which the tenants should have removed.

The photographic evidence and cleaning invoice provided by the landlord shows the tenants did not meet their obligations to leave the premises reasonably clean and tidy, and remove all rubbish at the end of the tenancy.

The amounts ordered are proved.

As the landlord has wholly succeeded with the claim, I must order the tenants to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4929480 — net $3,953.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 August 2024	$5,765.71	Rent arrears to 12 August 2024
Cleaning and rubbish removal	$638.25	Cleaning and rubbish removal
Break lease fee	$402.50	Break lease fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,953.46
Total payable by Tenant to Landlord	$3,953.46

Order

Elley Zammit and Steve Zammit must pay Wellington Property Management Limited $3,953.46 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,880.00 (6509175-007) to Wellington Property Management Limited immediately.

Reasons

The landlord attended the hearing which was held by teleconference on 2 October 2024. The tenants did not attend the hearing. The tenants were contacted on the contact numbers in the application and on the court file without success. I proceeded with the hearing in the tenants’ absence as I was satisfied that adequate service of the hearing notice had been completed.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

Under the Residential Tenancies Act 1986 (“RTA”), a fixed term tenancy creates a legally binding agreement between the landlord and the tenant that remains in effect until the specified expiry date unless both parties agree to end it earlier.
In this case, the tenants entered a fixed term tenancy which started on 29 October 2023 and was to expire on 25 October 2024.
The tenants requested early release from the fixed term tenancy. This was agreed by the landlord on condition that the tenants remained liable for rent until the property was relet. The landlord also noted that the tenants would be liable for the break lease fee $350 + GST which covered the cost of re advertising, viewings and credit checks (see email from the property manager to the tenants on 14 June 2024).
Tenants cannot unilaterally terminate a fixed-term tenancy without consequences. The RTA allows tenants to be held liable for rent until a replacement tenant is found or the fixed term ends, whichever occurs first. The condition that the tenants remain liable for rent until the property is relet is reasonable and aligned with the landlord’s right to mitigate losses resulting from the tenants’ early termination. The tenants’ early departure constitutes a breach of the fixed-term agreement, and the landlord is entitled to recover rent until a new tenancy begins.
The tenancy was relet on 13 August 2024. I find the tenant remained liable for the rent to 12 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Furthermore, the break lease fee is reasonable and reflects legitimate costs, such as advertising and property viewings. This fee reflects the actual expenses required to relet the property and is considered fair compensation for the work the landlord had to undertake due to the tenants’ request for early release, which is not excessive. The fee is not punitive but compensatory in nature.

Did the tenants comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenants must leave the premises reasonably clean and tidy, remove all goods and rubbish from the premises at the end of the tenancy. See section 40(1)(e)(ii)-(iii) RTA.
This does not require the property to be spotless or in a perfect state, but it does require basic cleanliness, including removing dirt, grime, rubbish and personal items. The tenants are also expected to perform basic cleaning tasks like vacuuming, wiping surfaces, and ensuring areas such as kitchens and bathrooms are cleaned appropriately. The landlord provided photographs showing the condition of the premises after the tenants vacated. These photos showed: • unvacuumed floors with visible dirt and dust, • drawers, cupboards, and surfaces that had not been wiped clean, • baked-on grime in the oven and on the oven trays, • items and rubbish left inside and outside the house, which the tenants should have removed.
The photographic evidence and cleaning invoice provided by the landlord shows the tenants did not meet their obligations to leave the premises reasonably clean and tidy, and remove all rubbish at the end of the tenancy.
The amounts ordered are proved.
As the landlord has wholly succeeded with the claim, I must order the tenants to reimburse the filing fee.

Tenancy Tribunal case 4929480 — Rent arrears at Unit/Flat 3, 117 Kamahi Street, Stokes Valley, Lower Hutt

At a glance

Tenancy Tribunal case 4929480 — Rent arrears at Unit/Flat 3, 117 Kamahi Street, Stokes Valley, Lower Hutt

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenants comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenants comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions