What was Tenancy Tribunal case 5265880 about?

The tribunal order states: [The tenant/s] owes Aspire Property Services Limited As Agent For

How much money was awarded in case 5265880?

Filing Fee: $27.00 awarded to landlord; Re-Letting Costs From Early Terminat…: $797.81 awarded to landlord; Rent Arrears: $714.29 awarded to landlord

What type of tenancy dispute was case 5265880?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5265880?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12430329-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5265880 about?

The tribunal order states: [The tenant/s] owes Aspire Property Services Limited As Agent For

How much money was awarded in case 5265880?

Filing Fee: $27.00 awarded to landlord; Re-Letting Costs From Early Terminat…: $797.81 awarded to landlord; Rent Arrears: $714.29 awarded to landlord

What type of tenancy dispute was case 5265880?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5265880?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12430329-Tenancy_Tribunal_Order.pdf.

Flat 4, 21 Frost Road, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 5265880 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5265880 — net $1,539.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 24 May to 2 June 2025	$714.29	Rent arrears 24 May to 2 June 2025
Re-letting costs from early termination	$797.81	Re-letting costs from early termination
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,539.10
Total payable by Tenant to Landlord	$1,539.10

[The tenant/s] owes Aspire Property Services Limited As Agent For Fay Chai - Cfy Investment Ltd a total of $1,539.10 (“the debt”), which is made up as follows:

The tenant must pay the debt in instalments of $50 every two weeks.

The first payment is due by Thursday, 25 September 2025. Payments must continue every two weeks on Thursdays until the full amount of the debt is paid.

If the tenant fails to pay any instalment within five working days of the due date, the remaining unpaid amount of the debt will be payable immediately. The landlord may then take legal action to recover the debt.

Reasons

Both parties attended the hearing on 18 September 2025, with the tenant and his wife having the assistance of an independent Court-obtained interpreter. What is the landlord’s claim?

The landlord claims that the tenant ended a fixed-term tenancy agreement early before it started and therefore the landlord: a. lost rent from the intended start date until the property was rented to another tenant; b. incurred costs to re-let the property; and. c. requests reimbursement of the filing fee. What is the tenant’s response?

The tenant stated that he cannot read and write English and asked his wife to speak on his behalf with the interpreter’s assistance, and she explained that. a. The family faces financial challenges and are new to New Zealand; b. They did not fully understand the rental agreement or the consequences of ending the tenancy early; c. Some repairs and improvements they requested before the tenancy started were not completed at the time of cancelling; and d. They found another property closer to school for their child with special needs. Could the tenant cancel the fixed term tenancy due to language or understanding difficulties?

Despite language challenges, the tenant and family managed to work, find housing, and communicate with the landlord.

They should have sought help to understand the agreement before signing.

The law does not allow tenants to end a fixed-term tenancy early simply because they did not understand the terms.

The tenancy agreement was fair and reasonable, with no evidence of pressure or misrepresentation.

Therefore, the tenant remains responsible for losses caused by ending the tenancy early.

Was the tenant entitled to cancel the tenancy because repairs had not been done?

The tenant was not entitled to cancel because requested repairs were incomplete before the tenancy began.

There was no agreement allowing cancellation for this reason.

The tenant should have allowed time for the landlord to complete the repairs before cancelling.

However, it appears this was not the main reason for cancellation.

Are the costs claimed reasonable?

The tenant did not attempt to find a replacement tenant or communicate with the landlord to reduce costs.

The landlord bears no fault for the tenant’s early termination and is entitled to recover losses. The landlord after trying to discuss if the tenant would change his mind, acted quickly to reduce losses.

The rent owed and re-letting costs are reasonable and have been proven.

The tenant did not pay any bond to offset the debt.

The tenant must pay the total amount of the debt ordered. The parties agreed by consent how the debt would be repaid in instalments.

Should the filing fee be refunded?

Because the landlord’s claim is successful, the tenant must also pay the filing fee.

Claims and awards in Tenancy Tribunal application 5265880 — net $1,539.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 24 May to 2 June 2025	$714.29	Rent arrears 24 May to 2 June 2025
Re-letting costs from early termination	$797.81	Re-letting costs from early termination
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,539.10
Total payable by Tenant to Landlord	$1,539.10

Order

[The tenant/s] owes Aspire Property Services Limited As Agent For Fay Chai - Cfy Investment Ltd a total of $1,539.10 (“the debt”), which is made up as follows:
The tenant must pay the debt in instalments of $50 every two weeks.
The first payment is due by Thursday, 25 September 2025. Payments must continue every two weeks on Thursdays until the full amount of the debt is paid.
If the tenant fails to pay any instalment within five working days of the due date, the remaining unpaid amount of the debt will be payable immediately. The landlord may then take legal action to recover the debt.

Reasons

Both parties attended the hearing on 18 September 2025, with the tenant and his wife having the assistance of an independent Court-obtained interpreter. What is the landlord’s claim?
The landlord claims that the tenant ended a fixed-term tenancy agreement early before it started and therefore the landlord: a. lost rent from the intended start date until the property was rented to another tenant; b. incurred costs to re-let the property; and. c. requests reimbursement of the filing fee. What is the tenant’s response?
The tenant stated that he cannot read and write English and asked his wife to speak on his behalf with the interpreter’s assistance, and she explained that. a. The family faces financial challenges and are new to New Zealand; b. They did not fully understand the rental agreement or the consequences of ending the tenancy early; c. Some repairs and improvements they requested before the tenancy started were not completed at the time of cancelling; and d. They found another property closer to school for their child with special needs. Could the tenant cancel the fixed term tenancy due to language or understanding difficulties?
Despite language challenges, the tenant and family managed to work, find housing, and communicate with the landlord.
They should have sought help to understand the agreement before signing.
The law does not allow tenants to end a fixed-term tenancy early simply because they did not understand the terms.
The tenancy agreement was fair and reasonable, with no evidence of pressure or misrepresentation.
Therefore, the tenant remains responsible for losses caused by ending the tenancy early.

Was the tenant entitled to cancel the tenancy because repairs had not been done?

The tenant was not entitled to cancel because requested repairs were incomplete before the tenancy began.
There was no agreement allowing cancellation for this reason.
The tenant should have allowed time for the landlord to complete the repairs before cancelling.
However, it appears this was not the main reason for cancellation.

Are the costs claimed reasonable?

The tenant did not attempt to find a replacement tenant or communicate with the landlord to reduce costs.
The landlord bears no fault for the tenant’s early termination and is entitled to recover losses. The landlord after trying to discuss if the tenant would change his mind, acted quickly to reduce losses.
The rent owed and re-letting costs are reasonable and have been proven.
The tenant did not pay any bond to offset the debt.
The tenant must pay the total amount of the debt ordered. The parties agreed by consent how the debt would be repaid in instalments.

Should the filing fee be refunded?

Because the landlord’s claim is successful, the tenant must also pay the filing fee.

Tenancy Tribunal case 5265880 — Rent arrears at Flat 4, 21 Frost Road, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 5265880 — Rent arrears at Flat 4, 21 Frost Road, Mount Roskill, Auckland 1041

At a glance

Award balance

Claims & awards

Order

Reasons

Was the tenant entitled to cancel the tenancy because repairs had not been done?

Are the costs claimed reasonable?

Should the filing fee be refunded?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Was the tenant entitled to cancel the tenancy because repairs had not been done?

Are the costs claimed reasonable?

Should the filing fee be refunded?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions