What was Tenancy Tribunal case 5342806 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Tandem Property Management Limited as Agent

How much money was awarded in case 5342806?

Filing Fee: $28.00 awarded to landlord; Loss Of Rents: $1,120.00 awarded to landlord; Relet Expenses: $675.00 awarded to landlord; Rent Arrears: $2,880.00 awarded to landlord

What type of tenancy dispute was case 5342806?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5342806?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12593920-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5342806 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Tandem Property Management Limited as Agent

How much money was awarded in case 5342806?

Filing Fee: $28.00 awarded to landlord; Loss Of Rents: $1,120.00 awarded to landlord; Relet Expenses: $675.00 awarded to landlord; Rent Arrears: $2,880.00 awarded to landlord

What type of tenancy dispute was case 5342806?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5342806?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12593920-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 38, 340 Gulf Harbour Drive, Gulf Harbour, Tenancy Tribunal Case 5342806 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5342806 — net $2,463.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 August 2025	$2,880.00	Rent arrears to 7 August 2025
Relet expenses	$675.00	Relet expenses
Loss of rents	$1,120.00	Loss of rents
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,463.00
Total payable by Tenant to Landlord	$2,463.00

The landlord attended the hearing which was held by teleconference. The tenant couldn’t be contacted on the phone number given in in the Notice of Hearing, which was properly served.

The landlord has applied for rent arrears, relet costs and loss of rents. Background

This was a fixed term tenancy for a term from 21 February 2025 to 19 February 2026.

The tenant asked the landlord to end the fixed term early.

The landlord advertised the property but had some difficulty finding replacement tenants. An agreement was reached that to try an encourage a new tenancy, the landlord could offer the premises at $20.00 or $40.00 per week below the $560.00 per week rent for this tenancy.

The tenant agreed, after the implications were explained to her, ie. that she would need to make up the rent difference through to the end of the fixed term.

The landlord’s rent records show that the rent under his tenancy was paid to 2 July 2025.

A new tenancy was put in place from 8 August 2025 at a rent of $520.00 per week.

What rent compensation is the landlord entitled to?

The landlord seeks compensation for: a. unpaid rent of $560.00 per week from 3 July to 7 August; and b. “top up” rent of $40.00 per week from 8 August to the end of the fixed term on 19 February 2026.

The evidence shows that the landlord met its obligation to take reasonable steps to mitigate the losses caused by the tenant’s breach of the fixed term agreement 1 .

The sums claimed represent the actual and foreseeable losses incurred by the landlord from the tenant’s breach, as explained to and agreed by the tenant. The landlord is entitled to be compensated for those losses.

Can the landlord claim reletting expenses?

A landlord is entitled to recover expenses reasonably incurred by the landlord in respect of the early termination, after first giving the tenant an itemised account of those expenses 2 .

The landlord has provided an itemised account. The expenses listed are reasonable. It is not entirely clear whether that itemised account was sent to the tenant with the invoice for payment. However, the landlord’s evidence proves that an estimated was given to the tenant, indicating a note of what the 1 See s.49 RTA 2 S.44A RTA expenses would cover. The itemised account reflects those expenses and the expenses incurred are significantly higher than the estimate given and claimed.

The question is whether those expenses represent losses incurred by the landlord due to the tenant’s breach, or represent costs that the landlord would have incurred when the fixed term ended anyway, meaning that the landlord’s loss is only paying those expenses earlier than they would have been paid otherwise.

The property managers’ evidence is that the landlord intends to move back into the property so that if the tenant had remained there until the end of the fixed term, no reletting expenses would have been incurred at that time.

If that is so, it means that the reletting expenses incurred in establishing a replacement tenancy do represent actual losses that the landlord should be compensated for.

For those reasons I find the landlord is entitled to recover the expenses claimed.

Because Tandem Property Management Limited as Agent for Suk Lan Angela Yau has succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5342806 — net $2,463.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 August 2025	$2,880.00	Rent arrears to 7 August 2025
Relet expenses	$675.00	Relet expenses
Loss of rents	$1,120.00	Loss of rents
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,463.00
Total payable by Tenant to Landlord	$2,463.00

Order

[The tenant/s] tenant/s] must pay Tandem Property Management Limited as Agent For Suk Lan Angela Yau $2,463.00 immediately, as follows:

Reasons

The landlord attended the hearing which was held by teleconference. The tenant couldn’t be contacted on the phone number given in in the Notice of Hearing, which was properly served.
The landlord has applied for rent arrears, relet costs and loss of rents. Background
This was a fixed term tenancy for a term from 21 February 2025 to 19 February 2026.
The tenant asked the landlord to end the fixed term early.
The landlord advertised the property but had some difficulty finding replacement tenants. An agreement was reached that to try an encourage a new tenancy, the landlord could offer the premises at $20.00 or $40.00 per week below the $560.00 per week rent for this tenancy.
The tenant agreed, after the implications were explained to her, ie. that she would need to make up the rent difference through to the end of the fixed term.
The landlord’s rent records show that the rent under his tenancy was paid to 2 July 2025.
A new tenancy was put in place from 8 August 2025 at a rent of $520.00 per week.

What rent compensation is the landlord entitled to?

The landlord seeks compensation for: a. unpaid rent of $560.00 per week from 3 July to 7 August; and b. “top up” rent of $40.00 per week from 8 August to the end of the fixed term on 19 February 2026.
The evidence shows that the landlord met its obligation to take reasonable steps to mitigate the losses caused by the tenant’s breach of the fixed term agreement 1 .
The sums claimed represent the actual and foreseeable losses incurred by the landlord from the tenant’s breach, as explained to and agreed by the tenant. The landlord is entitled to be compensated for those losses.

Can the landlord claim reletting expenses?

A landlord is entitled to recover expenses reasonably incurred by the landlord in respect of the early termination, after first giving the tenant an itemised account of those expenses 2 .
The landlord has provided an itemised account. The expenses listed are reasonable. It is not entirely clear whether that itemised account was sent to the tenant with the invoice for payment. However, the landlord’s evidence proves that an estimated was given to the tenant, indicating a note of what the 1 See s.49 RTA 2 S.44A RTA expenses would cover. The itemised account reflects those expenses and the expenses incurred are significantly higher than the estimate given and claimed.
The question is whether those expenses represent losses incurred by the landlord due to the tenant’s breach, or represent costs that the landlord would have incurred when the fixed term ended anyway, meaning that the landlord’s loss is only paying those expenses earlier than they would have been paid otherwise.
The property managers’ evidence is that the landlord intends to move back into the property so that if the tenant had remained there until the end of the fixed term, no reletting expenses would have been incurred at that time.
If that is so, it means that the reletting expenses incurred in establishing a replacement tenancy do represent actual losses that the landlord should be compensated for.
For those reasons I find the landlord is entitled to recover the expenses claimed.
Because Tandem Property Management Limited as Agent for Suk Lan Angela Yau has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5342806 — Rent arrears at Unit/Flat Flat 38, 340 Gulf Harbour Drive, Gulf Harbour,

At a glance

Tenancy Tribunal case 5342806 — Rent arrears at Unit/Flat Flat 38, 340 Gulf Harbour Drive, Gulf Harbour,

At a glance

Award balance

Claims & awards

Order

Reasons

What rent compensation is the landlord entitled to?

Can the landlord claim reletting expenses?

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

What rent compensation is the landlord entitled to?

Can the landlord claim reletting expenses?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.