What was Tenancy Tribunal case 5248602 about?

The tribunal order states: [The tenant/s] must pay Tbt Property Management Limited As Agent For Ttb 13

How much money was awarded in case 5248602?

Break Lease Costs: $977.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,700.00 awarded to landlord

What type of tenancy dispute was case 5248602?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5248602?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12541355-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5248602 about?

The tribunal order states: [The tenant/s] must pay Tbt Property Management Limited As Agent For Ttb 13

How much money was awarded in case 5248602?

Break Lease Costs: $977.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,700.00 awarded to landlord

What type of tenancy dispute was case 5248602?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5248602?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12541355-Tribunal_Order.pdf.

27 Burndale Terrace, Manurewa, Auckland 2102 Tenancy Tribunal Case 5248602 — Rent arrears

Claims and awards in Tenancy Tribunal application 5248602 — net $1,004.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (14 August 2025	$2,700.00	Rent arrears (14 August 2025
Break lease costs	$977.50	Break lease costs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,004.50
Total payable by Tenant to Landlord	$1,004.50

Order

[The tenant/s] must pay Tbt Property Management Limited As Agent For Ttb 13 Ltd $1,004.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,700.00 () to Tbt Property Management Limited As Agent For Ttb 13 Ltd immediately.

Reasons

The hearing proceeded by way of video conference. Ms Sharma, Property Manager, appeared for the landlord. The tenant did not appear, and unsuccessful attempts were made to join her to the hearing by telephone. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in her absence.
On 1 August 2025, the Tribunal amended the landlord’s claims. The landlord now seeks rent for 21 days after the tenant left the property prior to the end of the fixed term, break lease costs, refund of the bond and reimbursement of the filing fee. 1 Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

How much is owed for rent?

The landlord seeks rent to 14 August 2025, and provided an up to date rent record which proved the amount owed.
The tenancy commenced on 28 March 2025 with the fixed term due to expire on 27 March 2026. On 24 July 2025, the tenant vacated the property and returned the keys. 1 TbT property Management Limited as Agent for TbT 13 LTD v [The tenant/s] [2025] NZTT 5248602 1 August 2025
The landlord said they were aware the tenant wanted to break the lease early and provided the Tribunal with an e-mail they sent to the tenant, dated 21 July 2025, which set out their terms for early termination saying: i.“You must notify us in writing and provide a formal notice of your intention to vacate. ii.An early termination fee of $1,500 + GST applies. iii.Once the early termination fee is paid, we will begin advertising the property to find a new tenant. iv.You will remain liable for rent payments until a new tenant is secured and their lease begins.”
At the previous hearing, the landlord told the Tribunal that they would limit the tenant’s rent liability to the date a new tenant was secured for the property, or up to a maximum of 21 days after 24 July 2025 (being 14 August 2025).
The landlord told the Tribunal that, despite their best efforts, the property was not re-let until 11 September 2025.
The landlord seeks rent to 14 August 2025 totalling $2,700.00 and provided up to date rent records which proved the amount owed.
At the previous hearing, the tenant told the Tribunal that she had surrendered the tenancy with the landlord’s consent after verbally instructing the landlord to take the break lease costs from her bond. The tenant said she believed her liability for rent ended on the day she vacated the property. The tenant told the Tribunal she had evidence, in the form of e-mails from the landlord, which supported her position.
The hearing was previously adjourned to give the tenant the opportunity to provide this evidence to the Tribunal. At the date of hearing no evidence had been provided. Analysis and decision
Section 50(1)(d) of the Act states that tenancies may be terminated where the tenant surrenders the tenancy, or delivers up vacant possession of the premises, to the landlord with the landlord’s written consent.
Section 44A(1) of the Act states that landlords are entitled to recover from the tenant any expenses reasonably incurred by the landlord in respect of the termination of the tenancy.
The Tribunal is satisfied that the parties intended to terminate the tenancy prior to the end of the fixed term. The landlord set out the terms of surrender and the tenant vacated the property, returned the keys, and told the landlord to take the break lease cost out of the bond.
The Tribunal finds that the tenant is liable to pay rent up to 14 August 2025 and the amount claimed is awarded. Break lease costs
The landlord seeks break lease costs totalling $977.50. The costs include online marketing fees, checks for prospective tenants, and administration fees, viewing costs, and administration costs. The tenant previously accepted liability for the break lease costs. The Tribunal finds that the costs have been reasonably incurred by the landlord and the amount claimed is ordered Costs
Because Tbt Property Management Limited As Agent For Ttb 13 Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5248602 — net $1,004.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (14 August 2025	$2,700.00	Rent arrears (14 August 2025
Break lease costs	$977.50	Break lease costs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,004.50
Total payable by Tenant to Landlord	$1,004.50

Order

[The tenant/s] must pay Tbt Property Management Limited As Agent For Ttb 13 Ltd $1,004.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,700.00 () to Tbt Property Management Limited As Agent For Ttb 13 Ltd immediately.

Reasons

The hearing proceeded by way of video conference. Ms Sharma, Property Manager, appeared for the landlord. The tenant did not appear, and unsuccessful attempts were made to join her to the hearing by telephone. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in her absence.
On 1 August 2025, the Tribunal amended the landlord’s claims. The landlord now seeks rent for 21 days after the tenant left the property prior to the end of the fixed term, break lease costs, refund of the bond and reimbursement of the filing fee. 1 Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

How much is owed for rent?

The landlord seeks rent to 14 August 2025, and provided an up to date rent record which proved the amount owed.
The tenancy commenced on 28 March 2025 with the fixed term due to expire on 27 March 2026. On 24 July 2025, the tenant vacated the property and returned the keys. 1 TbT property Management Limited as Agent for TbT 13 LTD v [The tenant/s] [2025] NZTT 5248602 1 August 2025
The landlord said they were aware the tenant wanted to break the lease early and provided the Tribunal with an e-mail they sent to the tenant, dated 21 July 2025, which set out their terms for early termination saying: i.“You must notify us in writing and provide a formal notice of your intention to vacate. ii.An early termination fee of $1,500 + GST applies. iii.Once the early termination fee is paid, we will begin advertising the property to find a new tenant. iv.You will remain liable for rent payments until a new tenant is secured and their lease begins.”
At the previous hearing, the landlord told the Tribunal that they would limit the tenant’s rent liability to the date a new tenant was secured for the property, or up to a maximum of 21 days after 24 July 2025 (being 14 August 2025).
The landlord told the Tribunal that, despite their best efforts, the property was not re-let until 11 September 2025.
The landlord seeks rent to 14 August 2025 totalling $2,700.00 and provided up to date rent records which proved the amount owed.
At the previous hearing, the tenant told the Tribunal that she had surrendered the tenancy with the landlord’s consent after verbally instructing the landlord to take the break lease costs from her bond. The tenant said she believed her liability for rent ended on the day she vacated the property. The tenant told the Tribunal she had evidence, in the form of e-mails from the landlord, which supported her position.
The hearing was previously adjourned to give the tenant the opportunity to provide this evidence to the Tribunal. At the date of hearing no evidence had been provided. Analysis and decision
Section 50(1)(d) of the Act states that tenancies may be terminated where the tenant surrenders the tenancy, or delivers up vacant possession of the premises, to the landlord with the landlord’s written consent.
Section 44A(1) of the Act states that landlords are entitled to recover from the tenant any expenses reasonably incurred by the landlord in respect of the termination of the tenancy.
The Tribunal is satisfied that the parties intended to terminate the tenancy prior to the end of the fixed term. The landlord set out the terms of surrender and the tenant vacated the property, returned the keys, and told the landlord to take the break lease cost out of the bond.
The Tribunal finds that the tenant is liable to pay rent up to 14 August 2025 and the amount claimed is awarded. Break lease costs
The landlord seeks break lease costs totalling $977.50. The costs include online marketing fees, checks for prospective tenants, and administration fees, viewing costs, and administration costs. The tenant previously accepted liability for the break lease costs. The Tribunal finds that the costs have been reasonably incurred by the landlord and the amount claimed is ordered Costs
Because Tbt Property Management Limited As Agent For Ttb 13 Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5248602 — Rent arrears at 27 Burndale Terrace, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5248602 — Rent arrears at 27 Burndale Terrace, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions