How much money was awarded in case 5114810?

Filing Fee: $27.00 awarded to landlord; Fixed Term Break Fee: $772.35 awarded to landlord; Power: $359.09 awarded to landlord; Rent Arrears: $16,200.00 awarded to landlord; Water Rates: $101.68 awarded to landlord

What type of tenancy dispute was case 5114810?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5114810?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11906569-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5114810?

Filing Fee: $27.00 awarded to landlord; Fixed Term Break Fee: $772.35 awarded to landlord; Power: $359.09 awarded to landlord; Rent Arrears: $16,200.00 awarded to landlord; Water Rates: $101.68 awarded to landlord

What type of tenancy dispute was case 5114810?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5114810?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11906569-Tribunal_Order_Redacted.pdf.

70C Francis Road, Whakamarama, RD 2, Whakamarama Tenancy Tribunal Case 5114810 — Rent arrears

Q: What was Tenancy Tribunal case 5114810 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5114810 — net $17,460.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 March 2025	$16,200.00	Rent arrears to 13 March 2025
Power to 13 March 2025	$359.09	Power to 13 March 2025
Water rates to 13 March 2025	$101.68	Water rates to 13 March 2025
Fixed term break fee	$772.35	Fixed term break fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$17,460.12
Total payable by Tenant to Landlord	$17,460.12

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.

[The tenant/s] must pay LSA Property Limited (T/A Quinovic Property Management) - as agent for The Peter and Sandra Jones Family Trust $17,460.12 immediately, as calculated in the table below:

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears (including rent until a new tenancy commenced), outgoings and reimbursement of the filing fee.

The tenant has made a cross application seeking release from the obligations of the fixed term tenancy earlier than is claimed by the landlord. Background

The fixed term tenancy commenced on 6 October 2023 with an initial end date of 24 October 2024. Written correspondence shows that in July 2024 the parties agreed that the tenancy would be renewed for a further 12 months fixed term, until October 2025.

Through the second half of 2024 there were several communications between the parties with respect to rent arrears and on 5 December 2024, the tenant advised the landlord that due to financial issues, they needed to terminate their tenancy early and from 31 January 2025 1 .

The parties met on 6 December 2024 where the landlord says they told the tenant the implications of breaking the lease early. The landlord further advised that considering the tenant’s financial situation, the owner would be willing to allow them to end the lease early if they signed a Fixed Term Break Agreement. This agreement required the tenant to pay a break lease fee as well as rent until a new tenant could be found for the property.

The property was advertised for new tenant(s) that same day.

The tenant remained living at the property until 31 January 2025, and handed the final access remote to the landlord on 13 February 2025 (after some further cleaning).

The landlord continued to send notices for rent arrears throughout this time, and I note that no rent was paid since November 2024.

On 21 February 2025 the landlord advised the tenant that they had found a replacement tenant for the property, whose tenancy would commence on 14 March 2025. This letter further confirmed the break lease costs including an obligation to pay rent until 13 March 2025.

The landlord accordingly seeks rent arrears until 13 March 2025. The tenant accepts he is responsible for rent until 31 January 2025 but doesn’t accept any rent beyond that.

The dispute is accordingly in respect of about five weeks rent. 1 The letter includes the date 31 January 2024, but I have assumed this was an inadvertent error and 31 January 2025 was intended. The law

Section 44(1) of the Residential Tenancies Act 1986 (RTA) provides that a landlord who consents to the termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of that termination.

Section 50(1)(d) of the RTA includes where the tenant surrenders the tenancy with the landlord’s written consent.

Here, I am satisfied that the landlord has accepted surrender of the fixed-term tenancy, but on the basis that the tenant paid rent until a new tenant was found and covered a break lease fee.

In my view, these expenses were reasonably incurred in allowing the termination of the tenancy. They were all expenses incurred solely because of the early termination and would not have been incurred had the tenant not sought to end the fixed term tenancy.

I therefore find that the tenant is responsible for payment of the break lease fee and rent until a replacement tenancy was in place (being 14 March 2025).

An invoice has been provided for the break lease fee of $772.35 and this amount is proved.

How much is owed for rent, power and water rates?

I have found above that the tenancy ended on 13 March 2025.

The landlord provided rent records which prove the amount owing of $16,200.00 at the end of the tenancy.

The landlord also provided records which prove amounts owing for power of $359.09 and water rates of $101.68. The tenant did not dispute the amounts for water and power and these amounts are proved. Other matters

Because LSA Property Limited (T/A Quinovic Property Management) - as agent for The Peter and Sandra Jones Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

The landlord did not seek name suppression. The tenant did seek name suppression and advised that he was involved in other unrelated court proceedings and to ensure a fair process in those, it was crucial that his name was not published. I have erred on the side of caution and have therefore determined that the tenant’s interests outweigh the public interest in publication and have granted the tenant name suppression. See section 95A of the RTA. R Harvey-Lane 28 May 2025

Claims and awards in Tenancy Tribunal application 5114810 — net $17,460.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 March 2025	$16,200.00	Rent arrears to 13 March 2025
Power to 13 March 2025	$359.09	Power to 13 March 2025
Water rates to 13 March 2025	$101.68	Water rates to 13 March 2025
Fixed term break fee	$772.35	Fixed term break fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$17,460.12
Total payable by Tenant to Landlord	$17,460.12

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] must pay LSA Property Limited (T/A Quinovic Property Management) - as agent for The Peter and Sandra Jones Family Trust $17,460.12 immediately, as calculated in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears (including rent until a new tenancy commenced), outgoings and reimbursement of the filing fee.
The tenant has made a cross application seeking release from the obligations of the fixed term tenancy earlier than is claimed by the landlord. Background
The fixed term tenancy commenced on 6 October 2023 with an initial end date of 24 October 2024. Written correspondence shows that in July 2024 the parties agreed that the tenancy would be renewed for a further 12 months fixed term, until October 2025.
Through the second half of 2024 there were several communications between the parties with respect to rent arrears and on 5 December 2024, the tenant advised the landlord that due to financial issues, they needed to terminate their tenancy early and from 31 January 2025 1 .
The parties met on 6 December 2024 where the landlord says they told the tenant the implications of breaking the lease early. The landlord further advised that considering the tenant’s financial situation, the owner would be willing to allow them to end the lease early if they signed a Fixed Term Break Agreement. This agreement required the tenant to pay a break lease fee as well as rent until a new tenant could be found for the property.
The property was advertised for new tenant(s) that same day.
The tenant remained living at the property until 31 January 2025, and handed the final access remote to the landlord on 13 February 2025 (after some further cleaning).
The landlord continued to send notices for rent arrears throughout this time, and I note that no rent was paid since November 2024.
On 21 February 2025 the landlord advised the tenant that they had found a replacement tenant for the property, whose tenancy would commence on 14 March 2025. This letter further confirmed the break lease costs including an obligation to pay rent until 13 March 2025.
The landlord accordingly seeks rent arrears until 13 March 2025. The tenant accepts he is responsible for rent until 31 January 2025 but doesn’t accept any rent beyond that.
The dispute is accordingly in respect of about five weeks rent. 1 The letter includes the date 31 January 2024, but I have assumed this was an inadvertent error and 31 January 2025 was intended. The law
Section 44(1) of the Residential Tenancies Act 1986 (RTA) provides that a landlord who consents to the termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of that termination.
Section 50(1)(d) of the RTA includes where the tenant surrenders the tenancy with the landlord’s written consent.
Here, I am satisfied that the landlord has accepted surrender of the fixed-term tenancy, but on the basis that the tenant paid rent until a new tenant was found and covered a break lease fee.
In my view, these expenses were reasonably incurred in allowing the termination of the tenancy. They were all expenses incurred solely because of the early termination and would not have been incurred had the tenant not sought to end the fixed term tenancy.
I therefore find that the tenant is responsible for payment of the break lease fee and rent until a replacement tenancy was in place (being 14 March 2025).
An invoice has been provided for the break lease fee of $772.35 and this amount is proved.

How much is owed for rent, power and water rates?

I have found above that the tenancy ended on 13 March 2025.
The landlord provided rent records which prove the amount owing of $16,200.00 at the end of the tenancy.
The landlord also provided records which prove amounts owing for power of $359.09 and water rates of $101.68. The tenant did not dispute the amounts for water and power and these amounts are proved. Other matters
Because LSA Property Limited (T/A Quinovic Property Management) - as agent for The Peter and Sandra Jones Family Trust has wholly succeeded with the claim I must reimburse the filing fee.
The landlord did not seek name suppression. The tenant did seek name suppression and advised that he was involved in other unrelated court proceedings and to ensure a fair process in those, it was crucial that his name was not published. I have erred on the side of caution and have therefore determined that the tenant’s interests outweigh the public interest in publication and have granted the tenant name suppression. See section 95A of the RTA. R Harvey-Lane 28 May 2025

Tenancy Tribunal case 5114810 — Rent arrears at 70C Francis Road, Whakamarama, RD 2, Whakamarama

At a glance

Tenancy Tribunal case 5114810 — Rent arrears at 70C Francis Road, Whakamarama, RD 2, Whakamarama

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, power and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, power and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions