What was Tenancy Tribunal case 5316041 about?

The tribunal order states: The Tribunal makes suppression orders in favour of the landlord.

How much money was awarded in case 5316041?

Break Lease Fee: $881.68 awarded to landlord; Cleaning: $132.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $920.00 awarded to landlord

What type of tenancy dispute was case 5316041?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5316041?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12645874-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5316041 about?

The tribunal order states: The Tribunal makes suppression orders in favour of the landlord.

How much money was awarded in case 5316041?

Break Lease Fee: $881.68 awarded to landlord; Cleaning: $132.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $920.00 awarded to landlord

What type of tenancy dispute was case 5316041?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5316041?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12645874-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5316041 — Rent arrears

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New Zealand Tenancy Tribunal Case 5316041 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5316041 — net $841.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20/8/25	$920.00	Rent arrears to 20/8/25
Break lease fee	$881.68	Break lease fee
Cleaning	$132.25	Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$841.93
Total payable by Tenant to Landlord	$841.93

Claims and awards for application 5316041 — net $841.93 NZD. Verify on MoJ.

Rent arrears to 20/8/25

Amount: $920.00
Awarded to: Landlord
Reason: Rent arrears to 20/8/25

Break lease fee

Amount: $881.68
Awarded to: Landlord
Reason: Break lease fee

Cleaning

Amount: $132.25
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $841.93

Total payable by Tenant to Landlord

Landlord $841.93

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

The Tribunal makes suppression orders in favour of the landlord.
Cyndric Leslie Joyce-Pickering must pay [The landlord/s] $841.93 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,120.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The claim for exemplary damages is dismissed.

Reasons

The landlord attended the hearing.
The tenant did not attend the video hearing and not answer the calls made to his phone during the hearing. He had been notified of the hearing by email and text and had the hearing link, however did not attend. Accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
The landlord has applied for rent arrears, compensation, exemplary damages refund of the bond, and reimbursement of the filing fee following the end of the tenancy. This is because just over a month into the six-month fixed term tenancy, the tenant left the property without full discussion. The landlord immediately advertised and secured a replacement tenancy a month later but incurred costs in doing so.

How much is owed for rent?

The tenancy ended on 20 August which is the day prior to the replacement tenancy commencing. The landlord provided rent records which prove the amount owing at the end of the tenancy. Accordingly, the order is made as sought.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord claims reimbursement of the cleaning fee they incurred. The invoice is for one hour to undertake a general clean of the property. They say the shower needed a clean, there were some marks on walls, and a vacuum was required.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) RTA.
On the evidence I am satisfied that the tenant did not leave the premises reasonably clean and tidy in breach of their obligations. Therefore, the amount ordered is proven in evidence and considered reasonable in the circumstances.

What other costs are owing by the tenant?

The landlord claims reimbursement of their break lease fee which they have substantiated by detailed invoice. They also seek exemplary damages for the tenant abandoning the premise.
The claim for the break lease fee is made pursuant to section 44A(1) of the RTA. This section states that when the landlord consents to the assignment or end of a fixed term tenancy under certain circumstances they are entitled to reimbursement of their unexpectedly incurred costs. In this situation the only circumstance of ending the tenancy they can be relying on for their claim is section 50(1)(d) of the RTA where the tenant surrenders the tenancy, or delivers up vacant possession of the premises, to the landlord with the landlord’s written consent.
The landlord’s evidence is that the property manager visited the tenant and found they had left on 22 July. Three days later the tenant emailed asking to end their tenancy early. They subsequently 1 agreed to the landlord’s stated terms but engaged no further. They did not pay the required upfront advertising fee.
The landlord sensibly and pursuant to their obligations under section 49 of the RTA commenced advertising immediately given they were aware the tenant had already vacated.
The landlord’s claim for exemplary damages rests however on an allegation that the tenant abandoned the premise while the rent was in arrears. The question for the Tribunal is therefore whether there was agreement to end the fixed term tenancy early or whether the tenant abandoned the premise. There cannot be both.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations. A tenant commits an unlawful act if they abandon the premises when the rent is in arrear. Exemplary damages may be awarded up to a maximum of $1,500.00 for such action. See section 61(5) and Schedule 1A RTA.
After careful consideration of the evidence I am not satisfied that the tenant did abandon the premise. He advised he was leaving, stated a vacate date (6 August) and agreed to the break lease costs. He did not pay the advertising fee and did cease to engage at that point; however he did agree in writing to the landlord’s terms of ending the tenancy early.
The landlord commenced advertising which was in line with the agreement and therefore accepted the surrender of the tenancy on that basis.
Accordingly, I consider the claim for break lease costs substantiated as that was the agreement the parties reached to end the tenancy. I appreciate it was not an explicit agreement as the tenant ceased engaging, but both parties by their actions can be deemed to have accepted the agreement to end the tenancy.
The costs are reasonable in the circumstances and were provided to the tenant by way of a detailed invoice as required pursuant to section 44A of the RTA. 1 By email of 28 July
I dismiss the claim for exemplary damages as I am not satisfied that the tenant abandoned the premises for the foregoing reasons. Even if I am wrong in that finding, I would not consider it just 2 to award exemplary damages as the tenant did attempt to engage regarding his obligations and I do not find the landlord substantially at a loss due to the situation given their financial claims were successful in this application.
I accept the landlord’s submission that it is in the public interest that tenants be deterred from leaving their fixed term tenancy early however I consider the publishing of the tenant’s name and monetary order sufficient deterrent. I also do not find that the public interest in such an award outweighs the fairness aspects discussed above.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and approve their application for suppression orders in their favour.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5316041 — net $841.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20/8/25	$920.00	Rent arrears to 20/8/25
Break lease fee	$881.68	Break lease fee
Cleaning	$132.25	Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$841.93
Total payable by Tenant to Landlord	$841.93

Claims and awards for application 5316041 — net $841.93 NZD. Verify on MoJ.

Rent arrears to 20/8/25

Amount: $920.00
Awarded to: Landlord
Reason: Rent arrears to 20/8/25

Break lease fee

Amount: $881.68
Awarded to: Landlord
Reason: Break lease fee

Cleaning

Amount: $132.25
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $841.93

Total payable by Tenant to Landlord

Landlord $841.93

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

The Tribunal makes suppression orders in favour of the landlord.
Cyndric Leslie Joyce-Pickering must pay [The landlord/s] $841.93 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,120.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The claim for exemplary damages is dismissed.

Reasons

The landlord attended the hearing.
The tenant did not attend the video hearing and not answer the calls made to his phone during the hearing. He had been notified of the hearing by email and text and had the hearing link, however did not attend. Accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
The landlord has applied for rent arrears, compensation, exemplary damages refund of the bond, and reimbursement of the filing fee following the end of the tenancy. This is because just over a month into the six-month fixed term tenancy, the tenant left the property without full discussion. The landlord immediately advertised and secured a replacement tenancy a month later but incurred costs in doing so.

How much is owed for rent?

The tenancy ended on 20 August which is the day prior to the replacement tenancy commencing. The landlord provided rent records which prove the amount owing at the end of the tenancy. Accordingly, the order is made as sought.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord claims reimbursement of the cleaning fee they incurred. The invoice is for one hour to undertake a general clean of the property. They say the shower needed a clean, there were some marks on walls, and a vacuum was required.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) RTA.
On the evidence I am satisfied that the tenant did not leave the premises reasonably clean and tidy in breach of their obligations. Therefore, the amount ordered is proven in evidence and considered reasonable in the circumstances.

What other costs are owing by the tenant?

The landlord claims reimbursement of their break lease fee which they have substantiated by detailed invoice. They also seek exemplary damages for the tenant abandoning the premise.
The claim for the break lease fee is made pursuant to section 44A(1) of the RTA. This section states that when the landlord consents to the assignment or end of a fixed term tenancy under certain circumstances they are entitled to reimbursement of their unexpectedly incurred costs. In this situation the only circumstance of ending the tenancy they can be relying on for their claim is section 50(1)(d) of the RTA where the tenant surrenders the tenancy, or delivers up vacant possession of the premises, to the landlord with the landlord’s written consent.
The landlord’s evidence is that the property manager visited the tenant and found they had left on 22 July. Three days later the tenant emailed asking to end their tenancy early. They subsequently 1 agreed to the landlord’s stated terms but engaged no further. They did not pay the required upfront advertising fee.
The landlord sensibly and pursuant to their obligations under section 49 of the RTA commenced advertising immediately given they were aware the tenant had already vacated.
The landlord’s claim for exemplary damages rests however on an allegation that the tenant abandoned the premise while the rent was in arrears. The question for the Tribunal is therefore whether there was agreement to end the fixed term tenancy early or whether the tenant abandoned the premise. There cannot be both.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations. A tenant commits an unlawful act if they abandon the premises when the rent is in arrear. Exemplary damages may be awarded up to a maximum of $1,500.00 for such action. See section 61(5) and Schedule 1A RTA.
After careful consideration of the evidence I am not satisfied that the tenant did abandon the premise. He advised he was leaving, stated a vacate date (6 August) and agreed to the break lease costs. He did not pay the advertising fee and did cease to engage at that point; however he did agree in writing to the landlord’s terms of ending the tenancy early.
The landlord commenced advertising which was in line with the agreement and therefore accepted the surrender of the tenancy on that basis.
Accordingly, I consider the claim for break lease costs substantiated as that was the agreement the parties reached to end the tenancy. I appreciate it was not an explicit agreement as the tenant ceased engaging, but both parties by their actions can be deemed to have accepted the agreement to end the tenancy.
The costs are reasonable in the circumstances and were provided to the tenant by way of a detailed invoice as required pursuant to section 44A of the RTA. 1 By email of 28 July
I dismiss the claim for exemplary damages as I am not satisfied that the tenant abandoned the premises for the foregoing reasons. Even if I am wrong in that finding, I would not consider it just 2 to award exemplary damages as the tenant did attempt to engage regarding his obligations and I do not find the landlord substantially at a loss due to the situation given their financial claims were successful in this application.
I accept the landlord’s submission that it is in the public interest that tenants be deterred from leaving their fixed term tenancy early however I consider the publishing of the tenant’s name and monetary order sufficient deterrent. I also do not find that the public interest in such an award outweighs the fairness aspects discussed above.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and approve their application for suppression orders in their favour.

Tenancy Tribunal case 5316041 — Rent arrears

At a glance

Tenancy Tribunal case 5316041 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

What other costs are owing by the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

What other costs are owing by the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions