What was Tenancy Tribunal case 5318399 about?

The tribunal order states: [The tenant/s] must pay Cooper & Co Real Estate Limited as Agent for Michael

How much money was awarded in case 5318399?

Filing Fee: $28.00 awarded to landlord; Fixed Term Break Expenses: $100.00 awarded to landlord; Loss Of Rent: $420.00 awarded to landlord; Rent Arrears: $4,439.29 awarded to landlord

What type of tenancy dispute was case 5318399?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5318399?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12480274-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5318399 about?

The tribunal order states: [The tenant/s] must pay Cooper & Co Real Estate Limited as Agent for Michael

How much money was awarded in case 5318399?

Filing Fee: $28.00 awarded to landlord; Fixed Term Break Expenses: $100.00 awarded to landlord; Loss Of Rent: $420.00 awarded to landlord; Rent Arrears: $4,439.29 awarded to landlord

What type of tenancy dispute was case 5318399?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5318399?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12480274-Tenancy_Tribunal_Order.pdf.

11A Arawa Avenue, Devonport, Auckland 0624 Tenancy Tribunal Case 5318399 — Rent arrears

Claims and awards in Tenancy Tribunal application 5318399 — net $2,727.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 September 2025	$4,439.29	Rent arrears to 25 September 2025
Loss of rent	$420.00	Loss of rent
Fixed term break expenses	$100.00	Fixed term break expenses
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,727.29
Total payable by Tenant to Landlord	$2,727.29

Order

[The tenant/s] must pay Cooper & Co Real Estate Limited as Agent for Michael McDonald $2,727.29 immediately, calculated as shown below:
The Bond Centre is to pay the bond of $2,260.00 (BN-00024030) to Cooper & Co Real Estate Limited as Agent for Michael McDonald, immediately.

Reasons

Both parties attended the hearing which was held by videoconference. DescriptionLandlordTenant Rent arrears to 25 September 2025$4,439.29 Loss of rent$420.00 Fixed term break expenses$100.00 Filing fee reimbursement$28.00 Total award$4,987.29 Minus Bond-$2,260.00 Total payable by Tenant to Landlord$2,727.29 Introduction
The parties signed a fixed term tenancy agreement for a term from 21 December 2024 to 19 December 2025.
The owner lives next door to the premises.
On 8 July 2025 the tenant e-mailed the landlord: “Just letting you know that I am moving out on the 10th August 2025. Even though I am not happy that there is no privacy screen between the rental and the main house and I have to keep curtains closed all the time for privacy, that is not the main reason for moving. The main reason is that the company I contract to want me to be in the office on a regular basis as the office based engineer in moving to Wellington. If I don’t have more presence in the office then there is the possibility that the position will go to someone else. The position would be a full time salaries position that I desperately require leading into retirement. I've tried to use public transport then but can take two to three hours per day with all the transfers which isn't practical when I'm on contract as time is money. The apartment I'm moving to is 200 metres away from the office which will put me in a good position for the upcoming salaried position. Hopefully Mike will be understanding of the situation I am in as it is simply a matter of financial survival. If the garden shed was converted into a bedroom with access to the outdoor living out the back, that would make this place very desirable. A privacy screen is an absolute must though. Lack of a privacy screen will put prospective tenants off.”
The tenant moved out and made a last rent payment on 29 July 2025.
The landlord advertised the property as available for rent. The property manager’s evidence is that there was limited interest given the current market. To help find new tenants the back courtyard area was upgraded, the premises were refreshed and the rent was reduced from $565.00 to $530.00 weekly. A new tenancy was put in place starting 26 September 2025.
The landlord claims compensation for; a. unpaid rent to 25 September; b. the difference between the rent payable under this tenancy and the new tenancy, from 26 September to 19 December; c. fixed term break expenses of $736.00.
Shortly before the hearing the tenant filed submissions setting out a series of alleged breaches of the landlord’s obligations which he says show: a.that he was entitled to cancel the agreement; and b.that more could have been done by the landlord to find new tenants sooner.
The questions the Tribunal needs to decide are: a.was the tenant entitled to break the fixed term tenancy; b.if not: i. were reasonable mitigation steps taken by the landlord? ii. what compensation should be paid? iii what expenses in connection with finding a replacement tenancy is the landlord entitled to recover?

Was the tenant entitled to cancel the agreement?

There may be some circumstances where a landlord’s breach of their obligations under a tenancy agreement was be so fundamental, that a tenant would be entitled to cancel the agreement under general contractual principles.
The tenant’s allegations are essentially that: a. he was pressured into a 1 year fixed term; b. the owner’s behaviour breached his right to quiet enjoyment of the premises; c. the landlord would not install a privacy screen to reasonably protect his privacy; d. the premises are unlikely to comply with Healthy Homes standards
Those allegations do not suggest such a fundamental breach of the landlord’s obligations that could entitle the tenant to unilaterally end the agreement. There are processes available under the RTA to require parties to meet their statutory and contractual obligations.
Apart from the discussions about installation of a privacy screen, there is no evidence of the tenant having raised those concerns in any formal way or taking steps to enforce the parties’ obligations.
The tenant himself said when he told the landlord he was moving out, “Even though I am not happy that there is no privacy screen between the rental in the main house and I have to keep curtains closed all the time for privacy, that is not the main reason for moving. The main reason is that the company or contract to want me to be in the office on a regular basis...”
A tenant is entitled to bring an application to the Tribunal to end a fixed term tenancy early on severe hardship grounds 1 . The circumstances noted in the tenant’s termination notice would be relevant considerations. However, a tenant must make the appropriate application to end a tenancy on that basis, not raise 1 S.66(1)(a) RTA those issues shortly before a hearing of the landlord’s application and several months after unilaterally deciding to end the fixed term tenancy, move out and stop paying rent.
I do not find it proved that there were grounds for the tenant to cancel the agreement.

Were appropriate mitigation steps taken?

If a party to a tenancy agreement claims the other party has breached their obligations, they must, in most instances, take reasonable steps to mitigate the consequences of that breach. They may not be able to recover losses caused through their failure to take those reasonable steps. 2
Here, the evidence suggests that the landlord immediately took steps to relist the premises and made efforts to present them positively to encourage a new tenancy. The decision to reduce the rent to speed the process of finding new tenants again seems reasonable and the cost is less than a weeks’ rent.
In my view it was not unreasonable to decide not to install a privacy screen. That was the set up of the property when the tenant took the tenancy. Presenting it on the same basis for a new tenancy does not seem unreasonable.
I do not find that the landlord failed to take reasonable mitigation steps.

What compensation is payable?

The landlord is entitled to be reimburse for actual and foreseeable losses caused by the tenant’s breach. Loss of rent until a new tenancy starts is an actual and foreseeable loss as is the loss caused by the reduced rent required to find new tenants.
The amounts are proved by the landlord’s rent records.

What break expenses is the landlord entitled to claim?

Landlords are not entitled to claim a break fee for ending a fixed term early. They are entitled to recover actual expenses incurred, upon providing an itemised account 3 .
The landlord has provided an itemised account showing the expenses incurred in establishing the new tenancy. 2 S.49 RTA 3 S.44 RTA
I accept those expenses were incurred. The landlord acknowledges however that they are the same expenses that would, in any event, have been incurred to find new tenants, had this tenancy run its full term to 19 December. The landlord’s loss is not those expenses themselves but having incurred them a few months earlier.
There is an inconvenience and use of money component to having the find a new tenant earlier than planned for, which justifies a modest award of compensation.
Because the landlord has been substantially successful with the claim I reimburse the filing fee.
These findings are not that the tenant has no legitimate claims for breach of the landlord’s obligations but that they do not entitle him to unilaterally end the fixed term agreement. The tenant is entitled to bring those claims but that should be by way of a proper application, filed in the usual way.

Claims and awards in Tenancy Tribunal application 5318399 — net $2,727.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 September 2025	$4,439.29	Rent arrears to 25 September 2025
Loss of rent	$420.00	Loss of rent
Fixed term break expenses	$100.00	Fixed term break expenses
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,727.29
Total payable by Tenant to Landlord	$2,727.29

Order

[The tenant/s] must pay Cooper & Co Real Estate Limited as Agent for Michael McDonald $2,727.29 immediately, calculated as shown below:
The Bond Centre is to pay the bond of $2,260.00 (BN-00024030) to Cooper & Co Real Estate Limited as Agent for Michael McDonald, immediately.

Reasons

Both parties attended the hearing which was held by videoconference. DescriptionLandlordTenant Rent arrears to 25 September 2025$4,439.29 Loss of rent$420.00 Fixed term break expenses$100.00 Filing fee reimbursement$28.00 Total award$4,987.29 Minus Bond-$2,260.00 Total payable by Tenant to Landlord$2,727.29 Introduction
The parties signed a fixed term tenancy agreement for a term from 21 December 2024 to 19 December 2025.
The owner lives next door to the premises.
On 8 July 2025 the tenant e-mailed the landlord: “Just letting you know that I am moving out on the 10th August 2025. Even though I am not happy that there is no privacy screen between the rental and the main house and I have to keep curtains closed all the time for privacy, that is not the main reason for moving. The main reason is that the company I contract to want me to be in the office on a regular basis as the office based engineer in moving to Wellington. If I don’t have more presence in the office then there is the possibility that the position will go to someone else. The position would be a full time salaries position that I desperately require leading into retirement. I've tried to use public transport then but can take two to three hours per day with all the transfers which isn't practical when I'm on contract as time is money. The apartment I'm moving to is 200 metres away from the office which will put me in a good position for the upcoming salaried position. Hopefully Mike will be understanding of the situation I am in as it is simply a matter of financial survival. If the garden shed was converted into a bedroom with access to the outdoor living out the back, that would make this place very desirable. A privacy screen is an absolute must though. Lack of a privacy screen will put prospective tenants off.”
The tenant moved out and made a last rent payment on 29 July 2025.
The landlord advertised the property as available for rent. The property manager’s evidence is that there was limited interest given the current market. To help find new tenants the back courtyard area was upgraded, the premises were refreshed and the rent was reduced from $565.00 to $530.00 weekly. A new tenancy was put in place starting 26 September 2025.
The landlord claims compensation for; a. unpaid rent to 25 September; b. the difference between the rent payable under this tenancy and the new tenancy, from 26 September to 19 December; c. fixed term break expenses of $736.00.
Shortly before the hearing the tenant filed submissions setting out a series of alleged breaches of the landlord’s obligations which he says show: a.that he was entitled to cancel the agreement; and b.that more could have been done by the landlord to find new tenants sooner.
The questions the Tribunal needs to decide are: a.was the tenant entitled to break the fixed term tenancy; b.if not: i. were reasonable mitigation steps taken by the landlord? ii. what compensation should be paid? iii what expenses in connection with finding a replacement tenancy is the landlord entitled to recover?

Was the tenant entitled to cancel the agreement?

There may be some circumstances where a landlord’s breach of their obligations under a tenancy agreement was be so fundamental, that a tenant would be entitled to cancel the agreement under general contractual principles.
The tenant’s allegations are essentially that: a. he was pressured into a 1 year fixed term; b. the owner’s behaviour breached his right to quiet enjoyment of the premises; c. the landlord would not install a privacy screen to reasonably protect his privacy; d. the premises are unlikely to comply with Healthy Homes standards
Those allegations do not suggest such a fundamental breach of the landlord’s obligations that could entitle the tenant to unilaterally end the agreement. There are processes available under the RTA to require parties to meet their statutory and contractual obligations.
Apart from the discussions about installation of a privacy screen, there is no evidence of the tenant having raised those concerns in any formal way or taking steps to enforce the parties’ obligations.
The tenant himself said when he told the landlord he was moving out, “Even though I am not happy that there is no privacy screen between the rental in the main house and I have to keep curtains closed all the time for privacy, that is not the main reason for moving. The main reason is that the company or contract to want me to be in the office on a regular basis...”
A tenant is entitled to bring an application to the Tribunal to end a fixed term tenancy early on severe hardship grounds 1 . The circumstances noted in the tenant’s termination notice would be relevant considerations. However, a tenant must make the appropriate application to end a tenancy on that basis, not raise 1 S.66(1)(a) RTA those issues shortly before a hearing of the landlord’s application and several months after unilaterally deciding to end the fixed term tenancy, move out and stop paying rent.
I do not find it proved that there were grounds for the tenant to cancel the agreement.

Were appropriate mitigation steps taken?

If a party to a tenancy agreement claims the other party has breached their obligations, they must, in most instances, take reasonable steps to mitigate the consequences of that breach. They may not be able to recover losses caused through their failure to take those reasonable steps. 2
Here, the evidence suggests that the landlord immediately took steps to relist the premises and made efforts to present them positively to encourage a new tenancy. The decision to reduce the rent to speed the process of finding new tenants again seems reasonable and the cost is less than a weeks’ rent.
In my view it was not unreasonable to decide not to install a privacy screen. That was the set up of the property when the tenant took the tenancy. Presenting it on the same basis for a new tenancy does not seem unreasonable.
I do not find that the landlord failed to take reasonable mitigation steps.

What compensation is payable?

The landlord is entitled to be reimburse for actual and foreseeable losses caused by the tenant’s breach. Loss of rent until a new tenancy starts is an actual and foreseeable loss as is the loss caused by the reduced rent required to find new tenants.
The amounts are proved by the landlord’s rent records.

What break expenses is the landlord entitled to claim?

Landlords are not entitled to claim a break fee for ending a fixed term early. They are entitled to recover actual expenses incurred, upon providing an itemised account 3 .
The landlord has provided an itemised account showing the expenses incurred in establishing the new tenancy. 2 S.49 RTA 3 S.44 RTA
I accept those expenses were incurred. The landlord acknowledges however that they are the same expenses that would, in any event, have been incurred to find new tenants, had this tenancy run its full term to 19 December. The landlord’s loss is not those expenses themselves but having incurred them a few months earlier.
There is an inconvenience and use of money component to having the find a new tenant earlier than planned for, which justifies a modest award of compensation.
Because the landlord has been substantially successful with the claim I reimburse the filing fee.
These findings are not that the tenant has no legitimate claims for breach of the landlord’s obligations but that they do not entitle him to unilaterally end the fixed term agreement. The tenant is entitled to bring those claims but that should be by way of a proper application, filed in the usual way.

Tenancy Tribunal case 5318399 — Rent arrears at 11A Arawa Avenue, Devonport, Auckland 0624

At a glance

Tenancy Tribunal case 5318399 — Rent arrears at 11A Arawa Avenue, Devonport, Auckland 0624

At a glance

Award balance

Claims & awards

Order

Reasons

Was the tenant entitled to cancel the agreement?

Were appropriate mitigation steps taken?

What compensation is payable?

What break expenses is the landlord entitled to claim?

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 agreement?

Were appropriate mitigation steps taken?

What compensation is payable?

What break expenses is the landlord entitled to claim?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions