How much money was awarded in case 5328139?

Break Lease Expenses: $610.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1.07 awarded to landlord; Rubbish Removal: $125.00 awarded to landlord; Water Rates: $61.75 awarded to landlord

What type of tenancy dispute was case 5328139?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5328139?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12598917-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5328139?

Break Lease Expenses: $610.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1.07 awarded to landlord; Rubbish Removal: $125.00 awarded to landlord; Water Rates: $61.75 awarded to landlord

What type of tenancy dispute was case 5328139?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5328139?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12598917-Tenancy_Tribunal_Order.pdf.

1B West End Avenue, Woodhill, Whangarei 0110 Tenancy Tribunal Case 5328139 — Rent arrears

Q: What was Tenancy Tribunal case 5328139 about?

The tribunal order states: [The tenant/s] tenant/s] to pay Marskight Property Management Limited $825.82 from

Order

Claims and awards in Tenancy Tribunal application 5328139 — net $825.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 July 2025	$1.07	Rent arrears to 31 July 2025
Water rates	$61.75	Water rates
Break lease expenses	$610.00	Break lease expenses
Cleaning and rubbish removal	$125.00	Cleaning and rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$825.82
Bond	$1,600.00
Total payable by Tenant to Landlord	$825.82

[The tenant/s] tenant/s] to pay Marskight Property Management Limited $825.82 from the bond, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,600.00 (3033062-019) immediately apportioned as follows: Marskight Property Management Limited: $825.82 [The tenant/s] tenant/s]: $774.18

Reasons

Both parties attended the hearing the hearing by video conference.

The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenant disputed the landlord’s claims apart from the claim for water rates. Rent

The tenancy was for a one-year fixed term ending on 1 November 2025. The tenant sought to end the tenancy early and the parties signed a break lease agreement on the usual terms providing for payment by the tenant of expenses incurred resulting from the early termination. I note that s44A of the Residential Tenancies Act 1986 provides for the payment of such expenses in any case.

The tenancy ended on 31 July 2025 after the landlord found a new tenant for the premises. The landlord produced a rent statement showing arrears of $1.07.

The tenant said that although he signed a one-year agreement, he was told that it would be reviewed after six months. There was no other evidence to support that and so I proceed on the basis that this was a one-year fixed term agreement. If something else was agreed, it should have been recorded in writing.

The tenant also disputed that he was in arrears because he always paid his rent in advance. That is true, but some payments were slightly short.

There was also an issue over a sink plug that the tenant had to buy. He deducted the cost from the rent but at the same time the landlord credited the cost to the ledger.

It’s a trivial amount but I am satisfied that $1.07 is due. Break Lease Costs

The tenant is liable to pay the reasonable expenses incurred by the landlord arising from the early termination of the tenancy. As I have said, I don’t accept the argument that the tenancy was for six months.

I note that the list of expenses that the landlord had provided is like many that the Tribunal sees and awards in this type of case. The tenant disputed most of the items on the list and so the landlord must justify them.

Apart from one item on the list, I am satisfied that the charges are reasonable. There is a charge in the sum of $360 for conducting viewings based on $120 per hour. The landlord confirmed that the management authority allows for $90 per hour and so that is the applicable rate. The Tribunal is concerned here with the landlord’s liability for the agent’s charges, not the cost to the agent. I have therefore reduced the item to $270.

I have therefore awarded $610 for break lease charges. That is very much in line with other similar cases. Cleaning and Rubbish Removal

The landlord’s photographs show that the tenant did a reasonably good job of cleaning the premises. I would have been inclined to find that they were left reasonably clean but for the mess left outside from some plastic material burned in a brazier that was spread over the concrete. The photographs also show that the tenant left some small items behind that had to be gathered and disposed of.

I accept that the cleaning business used by the landlord is registered for GST. The GST number on the invoice is eight numbers long and it should be nine numbers. But I don’t accept that the charge is reasonable for the work required to meet the tenant’s responsibilities. I find that a reasonable charge is $125. Filing Fee

The landlord has been largely successful and so I have awarded the filing fee. Bond

The bond has been split to reflect this order.

Claims and awards in Tenancy Tribunal application 5328139 — net $825.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 July 2025	$1.07	Rent arrears to 31 July 2025
Water rates	$61.75	Water rates
Break lease expenses	$610.00	Break lease expenses
Cleaning and rubbish removal	$125.00	Cleaning and rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$825.82
Bond	$1,600.00
Total payable by Tenant to Landlord	$825.82

Order

[The tenant/s] tenant/s] to pay Marskight Property Management Limited $825.82 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,600.00 (3033062-019) immediately apportioned as follows: Marskight Property Management Limited: $825.82 [The tenant/s] tenant/s]: $774.18

Reasons

Both parties attended the hearing the hearing by video conference.
The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant disputed the landlord’s claims apart from the claim for water rates. Rent
The tenancy was for a one-year fixed term ending on 1 November 2025. The tenant sought to end the tenancy early and the parties signed a break lease agreement on the usual terms providing for payment by the tenant of expenses incurred resulting from the early termination. I note that s44A of the Residential Tenancies Act 1986 provides for the payment of such expenses in any case.
The tenancy ended on 31 July 2025 after the landlord found a new tenant for the premises. The landlord produced a rent statement showing arrears of $1.07.
The tenant said that although he signed a one-year agreement, he was told that it would be reviewed after six months. There was no other evidence to support that and so I proceed on the basis that this was a one-year fixed term agreement. If something else was agreed, it should have been recorded in writing.
The tenant also disputed that he was in arrears because he always paid his rent in advance. That is true, but some payments were slightly short.
There was also an issue over a sink plug that the tenant had to buy. He deducted the cost from the rent but at the same time the landlord credited the cost to the ledger.
It’s a trivial amount but I am satisfied that $1.07 is due. Break Lease Costs
The tenant is liable to pay the reasonable expenses incurred by the landlord arising from the early termination of the tenancy. As I have said, I don’t accept the argument that the tenancy was for six months.
I note that the list of expenses that the landlord had provided is like many that the Tribunal sees and awards in this type of case. The tenant disputed most of the items on the list and so the landlord must justify them.
Apart from one item on the list, I am satisfied that the charges are reasonable. There is a charge in the sum of $360 for conducting viewings based on $120 per hour. The landlord confirmed that the management authority allows for $90 per hour and so that is the applicable rate. The Tribunal is concerned here with the landlord’s liability for the agent’s charges, not the cost to the agent. I have therefore reduced the item to $270.
I have therefore awarded $610 for break lease charges. That is very much in line with other similar cases. Cleaning and Rubbish Removal
The landlord’s photographs show that the tenant did a reasonably good job of cleaning the premises. I would have been inclined to find that they were left reasonably clean but for the mess left outside from some plastic material burned in a brazier that was spread over the concrete. The photographs also show that the tenant left some small items behind that had to be gathered and disposed of.
I accept that the cleaning business used by the landlord is registered for GST. The GST number on the invoice is eight numbers long and it should be nine numbers. But I don’t accept that the charge is reasonable for the work required to meet the tenant’s responsibilities. I find that a reasonable charge is $125. Filing Fee
The landlord has been largely successful and so I have awarded the filing fee. Bond
The bond has been split to reflect this order.

Tenancy Tribunal case 5328139 — Rent arrears at 1B West End Avenue, Woodhill, Whangarei 0110

At a glance

Tenancy Tribunal case 5328139 — Rent arrears at 1B West End Avenue, Woodhill, Whangarei 0110

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.