What was Tenancy Tribunal case 5185312 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Gold Harbour

How much money was awarded in case 5185312?

Costs To Re-Let: $155.85 awarded to landlord; Rent Arrears: $2,042.86 awarded to landlord

What type of tenancy dispute was case 5185312?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5185312?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12321035-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5185312 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Gold Harbour

How much money was awarded in case 5185312?

Costs To Re-Let: $155.85 awarded to landlord; Rent Arrears: $2,042.86 awarded to landlord

What type of tenancy dispute was case 5185312?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5185312?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12321035-Tribunal_Order.pdf.

Unit/Flat 2, 42 Sheridan Drive, New Lynn, Auckland 0600 Tenancy Tribunal Case 5185312 — Rent arrears

Claims and awards in Tenancy Tribunal application 5185312 — net $2,198.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,042.86	Rent arrears
Costs to re-let	$155.85	Costs to re-let
Net award	$2,198.71
Total payable by Tenant to Landlord	$2,198.71

Order

[The tenant/s] and [The tenant/s] must pay Gold Harbour Management Limited Acting Agent For Jian Zhang $2,198.71 immediately, as set out in the table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, payment for a power bill and the costs of breaking a fixed term tenancy.
The tenancy was to commence on 15 February 2025 and was for a fixed term due to end on 17 January 2026.
The tenants signed the tenancy agreement on 3 February 2025.
On 10 February 2025 one of the tenants emailed the landlord to advised that there had been a change in circumstance, and they could no longer proceed with the tenancy. At that stage the tenant had not made any payment toward rent or the bond.
On 11 February 2025 the landlord replied to the email asking for specific details in relation to the change of circumstance. The email explained the process where there is agreement for a fixed term tenancy to end early.
On 12 February 2025 the tenant emailed advising that he did not have sufficient funds to pay the rent until a replacement tenancy was to begin.
On 13 February 2025 the landlord replied with an email advising that the owner did not accept the offer to end the tenancy early. The tenant was advised that if he did not collect the keys to the premises the landlord would proceed with an application to the Tenancy Tribunal.
The landlord seeks rent arrears on the basis that the tenant has signed a fixed term tenancy agreement and is therefore liable for rent from the start of the tenancy until a new tenancy or the end of the fixed term, whichever is the earlier.
On the evidence the parties agreed to end the fixed term tenancy early. The landlord advised that they began advertising for a new tenant on 15 February 2025. The landlord advised that a new tenancy commenced on 12 April 2025.
The landlord has provided rent records proving the amount of rent owed on the day before the new tenancy commenced. I note that there was an offer of one weeks rent free with this tenancy. The rent arrears sought for the period from 15 February 2025 until 11 April 2025 is $4,550.00.
The tenant submits that the landlord’s application should be dismissed for the following reasons: (i)The landlord failed to disclose a material fact – that the premises were on the market for sale; (ii)The landlord did not mitigate the tenant’s loss; (iii)The tenancy did not commence and therefore the landlord had maintained control; and (iv)An award to the landlord would cause financial hardship for the tenant.
The tenant submitted email evidence dated from 16 March 2025 from a real estate agent (not the property manager) advising that the premises were on the market for sale, would be sold vacant and was currently vacant due to being on the market. The agent offered a time to view the property.
In his submissions the tenant states that he discovered the premises were on the market for sale at the time he signed the tenancy agreement. He said there was a “For Sale” sign at the property and he said that it had been listed since 11 December 2024. The tenant said that had he known the property was being marketed for sale he would not have committed his family to the lease.
At the hearing the landlord said that they also saw that the property was advertised on Trade Me for sale. He said that he was surprised as he also had no advice from the owner that it was on the market for sale. The landlord thought that the property had been withdrawn from the market but did not know when and had no evidence to support this.
The Residential Tenancies Act 1986 does not expressly require a landlord to inform a prospective tenant that the premises are on the market for sale. However, the Tribunal expects landlords to act in good faith and not mislead tenants about material facts that may affect their decision to enter into a tenancy.
In this case, there is evidence that the property was on the market for sale during the period of the fixed term tenancy. There is no evidence that the tenant raised this issue with the landlord before the hearing. However, the property was on the market when the landlord was looking for new tenants and this may have impacted on any prospective tenants.
While there is no specific statutory obligation to disclose this information, the Tribunal considers that failing to do so may amount to misleading conduct if the landlord knew, or ought to have known, that the property was for sale and that this was material to the tenant’s decision.
On the evidence before me, I find that the landlord did act in a misleading or deceptive manner by failing to disclose that the property was on the market. The landlord’s actions are likely to have impacted on the landlord’s obligation to mitigate the tenant’s loss 1 .
Given the possible failure of the landlord to mitigate the tenant’s loss I consider that it is appropriate that the tenant is not liable for rent owed from 16 March 2025 which is the date that the agent confirmed the premises were on the market. For the same reason I do not consider that the tenant should be liable for any shortfall in rent with the new tenancy because that may be due to the property being on the market.
The fact that the tenancy did not commence or that an award would result in financial hardship are not factors that are relevant in these circumstances. The tenant remains liable when there is a fixed term tenancy. But, as in this case, a landlord must mitigate the tenant’s loss.
The landlord claims costs incurred as a result of the fixed term tenancy ending early. A landlord is entitled to recover from the outgoing tenant any expenses 1 Section 49 Residential Tenancies Act 1986 reasonably incurred by the landlord as a result of a tenant ending a fixed term tenancy early 2 . I award the Trade Me cost and a credit check.
At the hearing the landlord confirmed that claim in relation to the power bill was withdrawn.
I note that some evidence was produced by the parties which was not in English where no translation was provided and therefore it was unable to be considered.
Because Gold Harbour Management Limited Acting Agent For Jian Zhang has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5185312 — net $2,198.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,042.86	Rent arrears
Costs to re-let	$155.85	Costs to re-let
Net award	$2,198.71
Total payable by Tenant to Landlord	$2,198.71

Order

[The tenant/s] and [The tenant/s] must pay Gold Harbour Management Limited Acting Agent For Jian Zhang $2,198.71 immediately, as set out in the table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, payment for a power bill and the costs of breaking a fixed term tenancy.
The tenancy was to commence on 15 February 2025 and was for a fixed term due to end on 17 January 2026.
The tenants signed the tenancy agreement on 3 February 2025.
On 10 February 2025 one of the tenants emailed the landlord to advised that there had been a change in circumstance, and they could no longer proceed with the tenancy. At that stage the tenant had not made any payment toward rent or the bond.
On 11 February 2025 the landlord replied to the email asking for specific details in relation to the change of circumstance. The email explained the process where there is agreement for a fixed term tenancy to end early.
On 12 February 2025 the tenant emailed advising that he did not have sufficient funds to pay the rent until a replacement tenancy was to begin.
On 13 February 2025 the landlord replied with an email advising that the owner did not accept the offer to end the tenancy early. The tenant was advised that if he did not collect the keys to the premises the landlord would proceed with an application to the Tenancy Tribunal.
The landlord seeks rent arrears on the basis that the tenant has signed a fixed term tenancy agreement and is therefore liable for rent from the start of the tenancy until a new tenancy or the end of the fixed term, whichever is the earlier.
On the evidence the parties agreed to end the fixed term tenancy early. The landlord advised that they began advertising for a new tenant on 15 February 2025. The landlord advised that a new tenancy commenced on 12 April 2025.
The landlord has provided rent records proving the amount of rent owed on the day before the new tenancy commenced. I note that there was an offer of one weeks rent free with this tenancy. The rent arrears sought for the period from 15 February 2025 until 11 April 2025 is $4,550.00.
The tenant submits that the landlord’s application should be dismissed for the following reasons: (i)The landlord failed to disclose a material fact – that the premises were on the market for sale; (ii)The landlord did not mitigate the tenant’s loss; (iii)The tenancy did not commence and therefore the landlord had maintained control; and (iv)An award to the landlord would cause financial hardship for the tenant.
The tenant submitted email evidence dated from 16 March 2025 from a real estate agent (not the property manager) advising that the premises were on the market for sale, would be sold vacant and was currently vacant due to being on the market. The agent offered a time to view the property.
In his submissions the tenant states that he discovered the premises were on the market for sale at the time he signed the tenancy agreement. He said there was a “For Sale” sign at the property and he said that it had been listed since 11 December 2024. The tenant said that had he known the property was being marketed for sale he would not have committed his family to the lease.
At the hearing the landlord said that they also saw that the property was advertised on Trade Me for sale. He said that he was surprised as he also had no advice from the owner that it was on the market for sale. The landlord thought that the property had been withdrawn from the market but did not know when and had no evidence to support this.
The Residential Tenancies Act 1986 does not expressly require a landlord to inform a prospective tenant that the premises are on the market for sale. However, the Tribunal expects landlords to act in good faith and not mislead tenants about material facts that may affect their decision to enter into a tenancy.
In this case, there is evidence that the property was on the market for sale during the period of the fixed term tenancy. There is no evidence that the tenant raised this issue with the landlord before the hearing. However, the property was on the market when the landlord was looking for new tenants and this may have impacted on any prospective tenants.
While there is no specific statutory obligation to disclose this information, the Tribunal considers that failing to do so may amount to misleading conduct if the landlord knew, or ought to have known, that the property was for sale and that this was material to the tenant’s decision.
On the evidence before me, I find that the landlord did act in a misleading or deceptive manner by failing to disclose that the property was on the market. The landlord’s actions are likely to have impacted on the landlord’s obligation to mitigate the tenant’s loss 1 .
Given the possible failure of the landlord to mitigate the tenant’s loss I consider that it is appropriate that the tenant is not liable for rent owed from 16 March 2025 which is the date that the agent confirmed the premises were on the market. For the same reason I do not consider that the tenant should be liable for any shortfall in rent with the new tenancy because that may be due to the property being on the market.
The fact that the tenancy did not commence or that an award would result in financial hardship are not factors that are relevant in these circumstances. The tenant remains liable when there is a fixed term tenancy. But, as in this case, a landlord must mitigate the tenant’s loss.
The landlord claims costs incurred as a result of the fixed term tenancy ending early. A landlord is entitled to recover from the outgoing tenant any expenses 1 Section 49 Residential Tenancies Act 1986 reasonably incurred by the landlord as a result of a tenant ending a fixed term tenancy early 2 . I award the Trade Me cost and a credit check.
At the hearing the landlord confirmed that claim in relation to the power bill was withdrawn.
I note that some evidence was produced by the parties which was not in English where no translation was provided and therefore it was unable to be considered.
Because Gold Harbour Management Limited Acting Agent For Jian Zhang has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5185312 — Rent arrears at Unit/Flat 2, 42 Sheridan Drive, New Lynn, Auckland 0600

At a glance

Award balance

Tenancy Tribunal case 5185312 — Rent arrears at Unit/Flat 2, 42 Sheridan Drive, New Lynn, Auckland 0600

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions