What was Tenancy Tribunal case 5210511 about?

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

How much money was awarded in case 5210511?

Filing Fee: $27.00 awarded to landlord; MyRent Fee - Advertising: $241.50 awarded to landlord; Rent Arrears: $1,220.00 awarded to landlord

What type of tenancy dispute was case 5210511?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5210511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12109531-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5210511 about?

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

How much money was awarded in case 5210511?

Filing Fee: $27.00 awarded to landlord; MyRent Fee - Advertising: $241.50 awarded to landlord; Rent Arrears: $1,220.00 awarded to landlord

What type of tenancy dispute was case 5210511?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5210511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12109531-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5210511 — Rent arrears

Claims and awards in Tenancy Tribunal application 5210511 — net $1,488.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 April 2025	$1,220.00	Rent arrears to 12 April 2025
MyRent fee - advertising	$241.50	MyRent fee - advertising
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,488.50
Bond	$2,440.00
Total payable by Tenant to Landlord	$1,488.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Sanjay Ritesh Nand and Reema Ranjita Devi to pay [The landlord/s] $1,488.50 from the bond, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,440.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,488.50 Sanjay Ritesh Nand and Reema Ranjita Devi: $951.50

Reasons

A hearing was held on 15 May 2025 by teleconference. Both parties attended.
This matter concerns a dispute between the landlord, [The landlord/s], and the tenants, Sanjay Nand and Reema Devi. The landlord has filed an application seeking compensation for rent arrears and costs incurred following the tenants’ early vacation of the premises. The landlord seeks a total of $1,661.50, comprising two weeks’ rent to 12 April 2025 ($1,220.00), advertising costs ($241.50), and an administration fee ($200.00).
The tenancy commenced on 25 August 2024. The landlord asserts that the tenancy was entered into as a fixed-term agreement for a one-year period, ending on 25 August 2025. The tenants dispute that a fixed-term agreement was ever formed, arguing that the version of the tenancy agreement they returned did not include an end date and therefore did not constitute a fixed-term tenancy.
At the hearing, both parties gave evidence. The matter was briefly adjourned to allow for further documentation, including the MyRent invoice and communications between the parties. The Law
Under section 13 of the Residential Tenancies Act 1986 (RTA), a tenancy agreement must be in writing and must clearly state the duration of the tenancy, including whether it is periodic or fixed-term.
Once entered into, a fixed-term tenancy is binding on both parties until the end date unless terminated in accordance with sections 50–51 of the RTA or by mutual agreement (s 50(1)(d)). A fixed-term tenant remains liable for rent until the expiry of the term or until the premises are re-let (s 66 RTA). The Act does not impose a duty to mitigate loss for fixed-term tenancies.
Under contract law principles, as affirmed in the Contract and Commercial Law Act 2017, one party may not unilaterally alter the terms of a written contract once it has been signed without the consent of the other party. Issues
The key issues for determination are:
Whether there was a valid fixed-term tenancy agreement;
If so, whether the tenants breached the agreement by vacating early;
Whether the landlord is entitled to compensation for loss of rent and associated costs, including advertising and administration fees.

Was there a Fixed-Term Tenancy?

I accept the landlord’s evidence that the parties initially discussed and agreed to a fixed-term tenancy for a period of one year. The landlord produced a version of the tenancy agreement that he had signed and emailed to the tenants, clearly specifying the start and end dates. While the tenants returned a version of the agreement in which the end date had been removed, I find this alteration was not mutually agreed.
The evidence supports the landlord’s position that the removal of the end date by the tenants was unilateral and not consented to by the landlord. The landlord subsequently reinserted the end date to reflect the original understanding. There is no evidence that the landlord agreed to a periodic tenancy, nor that the tenants objected to the fixed-term arrangement at the time.
In considering the totality of the email and message exchanges, it is evident that both parties initially contemplated and conducted themselves on the understanding that the agreement was for a one-year fixed term. The landlord’s response to the tenants’ early termination notice on 13 February 2025 further reiterates this position, where he refers to their continuing rent liability if replacement tenants could not be found.
I therefore find that the tenancy agreement was a valid fixed-term agreement for the period 25 August 2024 to 25 August 2025.

Did the Tenants Breach the Agreement?

The tenants vacated the premises at the end of March 2025, well before the end of the fixed term. There is no evidence of a mutual agreement to terminate the tenancy early. The tenants rely on their returned version of the agreement which lacked an end date, but as set out above, that omission did not alter the nature of the tenancy due to lack of consent from the landlord.
The tenants’ decision to move to a cheaper rental, while understandable, does not constitute lawful justification for ending a fixed-term tenancy early. I find that the tenants have breached the agreement. Landlord’s Entitlement to Compensation
The landlord re-let the property on 13 April 2025. He seeks two weeks’ rent for the period to 12 April 2025, which I find to be reasonable. The tenants remain liable for rent during this vacancy, pursuant to section 66 RTA. I award $1,220.00.
The landlord also seeks advertising costs. A MyRent invoice was produced in support of a $241.50 claim. I find this to be a reasonable and recoverable cost in the circumstances and award that amount.
The landlord additionally claims $200.00 as an administration fee. However, no invoice or detailed evidence was submitted in support of this amount. Administration or re-letting fees may be compensable where proven and reasonable, but in the absence of supporting documentation, I decline to award this part of the claim. Conclusion
I find that the parties entered into a valid fixed-term tenancy for a period of one year, ending 25 August 2025. The tenants unilaterally terminated the tenancy early without the landlord’s agreement and are liable for the resulting loss of rent and proven advertising costs. Filing Fee and Suppression Order
As the landlord has substantially succeeded with the claim, I must order the tenants to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Claims and awards in Tenancy Tribunal application 5210511 — net $1,488.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 April 2025	$1,220.00	Rent arrears to 12 April 2025
MyRent fee - advertising	$241.50	MyRent fee - advertising
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,488.50
Bond	$2,440.00
Total payable by Tenant to Landlord	$1,488.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Sanjay Ritesh Nand and Reema Ranjita Devi to pay [The landlord/s] $1,488.50 from the bond, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,440.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,488.50 Sanjay Ritesh Nand and Reema Ranjita Devi: $951.50

Reasons

A hearing was held on 15 May 2025 by teleconference. Both parties attended.
This matter concerns a dispute between the landlord, [The landlord/s], and the tenants, Sanjay Nand and Reema Devi. The landlord has filed an application seeking compensation for rent arrears and costs incurred following the tenants’ early vacation of the premises. The landlord seeks a total of $1,661.50, comprising two weeks’ rent to 12 April 2025 ($1,220.00), advertising costs ($241.50), and an administration fee ($200.00).
The tenancy commenced on 25 August 2024. The landlord asserts that the tenancy was entered into as a fixed-term agreement for a one-year period, ending on 25 August 2025. The tenants dispute that a fixed-term agreement was ever formed, arguing that the version of the tenancy agreement they returned did not include an end date and therefore did not constitute a fixed-term tenancy.
At the hearing, both parties gave evidence. The matter was briefly adjourned to allow for further documentation, including the MyRent invoice and communications between the parties. The Law
Under section 13 of the Residential Tenancies Act 1986 (RTA), a tenancy agreement must be in writing and must clearly state the duration of the tenancy, including whether it is periodic or fixed-term.
Once entered into, a fixed-term tenancy is binding on both parties until the end date unless terminated in accordance with sections 50–51 of the RTA or by mutual agreement (s 50(1)(d)). A fixed-term tenant remains liable for rent until the expiry of the term or until the premises are re-let (s 66 RTA). The Act does not impose a duty to mitigate loss for fixed-term tenancies.
Under contract law principles, as affirmed in the Contract and Commercial Law Act 2017, one party may not unilaterally alter the terms of a written contract once it has been signed without the consent of the other party. Issues
The key issues for determination are:
Whether there was a valid fixed-term tenancy agreement;
If so, whether the tenants breached the agreement by vacating early;
Whether the landlord is entitled to compensation for loss of rent and associated costs, including advertising and administration fees.

Was there a Fixed-Term Tenancy?

I accept the landlord’s evidence that the parties initially discussed and agreed to a fixed-term tenancy for a period of one year. The landlord produced a version of the tenancy agreement that he had signed and emailed to the tenants, clearly specifying the start and end dates. While the tenants returned a version of the agreement in which the end date had been removed, I find this alteration was not mutually agreed.
The evidence supports the landlord’s position that the removal of the end date by the tenants was unilateral and not consented to by the landlord. The landlord subsequently reinserted the end date to reflect the original understanding. There is no evidence that the landlord agreed to a periodic tenancy, nor that the tenants objected to the fixed-term arrangement at the time.
In considering the totality of the email and message exchanges, it is evident that both parties initially contemplated and conducted themselves on the understanding that the agreement was for a one-year fixed term. The landlord’s response to the tenants’ early termination notice on 13 February 2025 further reiterates this position, where he refers to their continuing rent liability if replacement tenants could not be found.
I therefore find that the tenancy agreement was a valid fixed-term agreement for the period 25 August 2024 to 25 August 2025.

Did the Tenants Breach the Agreement?

The tenants vacated the premises at the end of March 2025, well before the end of the fixed term. There is no evidence of a mutual agreement to terminate the tenancy early. The tenants rely on their returned version of the agreement which lacked an end date, but as set out above, that omission did not alter the nature of the tenancy due to lack of consent from the landlord.
The tenants’ decision to move to a cheaper rental, while understandable, does not constitute lawful justification for ending a fixed-term tenancy early. I find that the tenants have breached the agreement. Landlord’s Entitlement to Compensation
The landlord re-let the property on 13 April 2025. He seeks two weeks’ rent for the period to 12 April 2025, which I find to be reasonable. The tenants remain liable for rent during this vacancy, pursuant to section 66 RTA. I award $1,220.00.
The landlord also seeks advertising costs. A MyRent invoice was produced in support of a $241.50 claim. I find this to be a reasonable and recoverable cost in the circumstances and award that amount.
The landlord additionally claims $200.00 as an administration fee. However, no invoice or detailed evidence was submitted in support of this amount. Administration or re-letting fees may be compensable where proven and reasonable, but in the absence of supporting documentation, I decline to award this part of the claim. Conclusion
I find that the parties entered into a valid fixed-term tenancy for a period of one year, ending 25 August 2025. The tenants unilaterally terminated the tenancy early without the landlord’s agreement and are liable for the resulting loss of rent and proven advertising costs. Filing Fee and Suppression Order
As the landlord has substantially succeeded with the claim, I must order the tenants to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 5210511 — Rent arrears

At a glance

Tenancy Tribunal case 5210511 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Was there a Fixed-Term Tenancy?

Did the Tenants Breach the Agreement?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Was there a Fixed-Term Tenancy?

Did the Tenants Breach the Agreement?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions