How much money was awarded in case 5252361?

Break Lease Costs: $1,522.60 awarded to landlord; Rent In Lieu Of Notice: $4,620.00 awarded to landlord

What type of tenancy dispute was case 5252361?

The dispute type was not classified.

Where can I read the official tribunal order for case 5252361?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12415603-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5252361?

Break Lease Costs: $1,522.60 awarded to landlord; Rent In Lieu Of Notice: $4,620.00 awarded to landlord

What type of tenancy dispute was case 5252361?

The dispute type was not classified.

Where can I read the official tribunal order for case 5252361?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12415603-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5252361 — Tenancy dispute

Q: What was Tenancy Tribunal case 5252361 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 5252361 — net $3,782.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent in lieu of notice to 4 July 2025	$4,620.00	Rent in lieu of notice to 4 July 2025
Break lease costs	$1,522.60	Break lease costs
Net award	$3,782.60
Total payable by Tenant to Landlord	$3,782.60

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

[The tenant/s] must pay [The landlord/s] $3,782.60 immediately, as calculated in the table below:

The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.

The tenant has applied for a reduction in a fixed term tenancy, refund of the bond and reimbursement of the filing fee.

The landlord has applied for rent in lieu of notice, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenancy was a fixed term tenancy that was due to end on 13 February 2026.

In early April 2025 the tenant contacted the landlord advising that he had accepted a job offer in another city and would be leaving the property on 1 May 2025.

The landlord responded stating that it was a break lease situation. The email provided the formal application documents for early release, explaining the implications of breaking a fixed term lease and the likely costs of doing so. It also itemised the expenses associated with ending a fixed term tenancy.

The tenant responded by providing the completed formal application to end the fixed term tenancy.

The landlord didn’t accept the early termination application but did proceed to try and secure a new tenant advising that rent would need to be paid until a new tenant could be found.

A new tenant was eventually found and moved into the property on 5 July 2025.

The landlord seeks the break lease costs, and new rent up until the new tenant moved into the property.

The tenant disputes these costs and requests that his bond be refunded to him. The law

Although the tenant had originally applied to reduce or end the fixed term tenancy, this is no longer relevant as the landlord did essentially agree to this. The dispute is about what the tenant is liable to pay in the circumstances.

Section 44A of the Residential Tenancies Act 1986 (RTA) provides that where a landlord consents to a termination of the tenancy in accordance with section 50(1)(d) of the RTA, 1 they are entitled to recover from the outgoing tenancy any expenses reasonably incurred in doing so.

The landlord seeks rent until 4 July 2025. At the normal rent rate this amounts to $5,220.00 for the 8.8 weeks. However, at the hearing, the landlord submitted that they would be prepared for this to be at a reduced rate of around $525.00 - $540.00 per week. A rental amount of $525.00 would total $4,620.00.

They also seek break lease costs of $1,522.60. An itemised invoice has been provided for the break lease costs and includes advertising, 11 viewings, administration time and credit and background checks. 2 1 Section 50(1)(d) of the Residential Tenancies Act 1986 is where the tenancy surrenders the tenancy or delivers up vacant possession to the landlord with the landlord’s written consent. 2 As required by section 44A(2) of the Residential Tenancies Act 1986.

The landlord submits that they personally remedied all the damages and works required to the property at the end of the tenancy to endeavour to keep the costs as low as possible for the tenant. They have not sought to recover any of these costs.

The tenant submits that he had to move due to losing his job, suffers from ongoing financial hardship and does not believe he should have to pay all these costs.

Landlord’s do not have to agree to end a fixed term tenancy. I consider that the landlord here has claimed reasonable costs and so these are awarded. I have taken the landlord’s reduced rental amount of $4,620.00 however I note there was no obligation on them to offer this.

As both parties have had some success, I have not refunded the filing fee and consider these costs should lie where they fall. Both parties have requested name suppression and for the same reasons I have granted this. See section 95A of the RTA. R Harvey-Lane 16 September 2025

Claims and awards in Tenancy Tribunal application 5252361 — net $3,782.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent in lieu of notice to 4 July 2025	$4,620.00	Rent in lieu of notice to 4 July 2025
Break lease costs	$1,522.60	Break lease costs
Net award	$3,782.60
Total payable by Tenant to Landlord	$3,782.60

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s and landlord’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $3,782.60 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The tenant has applied for a reduction in a fixed term tenancy, refund of the bond and reimbursement of the filing fee.
The landlord has applied for rent in lieu of notice, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy was a fixed term tenancy that was due to end on 13 February 2026.
In early April 2025 the tenant contacted the landlord advising that he had accepted a job offer in another city and would be leaving the property on 1 May 2025.
The landlord responded stating that it was a break lease situation. The email provided the formal application documents for early release, explaining the implications of breaking a fixed term lease and the likely costs of doing so. It also itemised the expenses associated with ending a fixed term tenancy.
The tenant responded by providing the completed formal application to end the fixed term tenancy.
The landlord didn’t accept the early termination application but did proceed to try and secure a new tenant advising that rent would need to be paid until a new tenant could be found.
A new tenant was eventually found and moved into the property on 5 July 2025.
The landlord seeks the break lease costs, and new rent up until the new tenant moved into the property.
The tenant disputes these costs and requests that his bond be refunded to him. The law
Although the tenant had originally applied to reduce or end the fixed term tenancy, this is no longer relevant as the landlord did essentially agree to this. The dispute is about what the tenant is liable to pay in the circumstances.
Section 44A of the Residential Tenancies Act 1986 (RTA) provides that where a landlord consents to a termination of the tenancy in accordance with section 50(1)(d) of the RTA, 1 they are entitled to recover from the outgoing tenancy any expenses reasonably incurred in doing so.
The landlord seeks rent until 4 July 2025. At the normal rent rate this amounts to $5,220.00 for the 8.8 weeks. However, at the hearing, the landlord submitted that they would be prepared for this to be at a reduced rate of around $525.00 - $540.00 per week. A rental amount of $525.00 would total $4,620.00.
They also seek break lease costs of $1,522.60. An itemised invoice has been provided for the break lease costs and includes advertising, 11 viewings, administration time and credit and background checks. 2 1 Section 50(1)(d) of the Residential Tenancies Act 1986 is where the tenancy surrenders the tenancy or delivers up vacant possession to the landlord with the landlord’s written consent. 2 As required by section 44A(2) of the Residential Tenancies Act 1986.
The landlord submits that they personally remedied all the damages and works required to the property at the end of the tenancy to endeavour to keep the costs as low as possible for the tenant. They have not sought to recover any of these costs.
The tenant submits that he had to move due to losing his job, suffers from ongoing financial hardship and does not believe he should have to pay all these costs.
Landlord’s do not have to agree to end a fixed term tenancy. I consider that the landlord here has claimed reasonable costs and so these are awarded. I have taken the landlord’s reduced rental amount of $4,620.00 however I note there was no obligation on them to offer this.
As both parties have had some success, I have not refunded the filing fee and consider these costs should lie where they fall. Both parties have requested name suppression and for the same reasons I have granted this. See section 95A of the RTA. R Harvey-Lane 16 September 2025

Tenancy Tribunal case 5252361 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5252361 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions