What was Tenancy Tribunal case 5361142 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5361142?

The reconciled net award was $445.00.

What type of tenancy dispute was case 5361142?

The dispute type was not classified.

Where can I read the official tribunal order for case 5361142?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13278391-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5361142 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5361142?

The reconciled net award was $445.00.

What type of tenancy dispute was case 5361142?

The dispute type was not classified.

Where can I read the official tribunal order for case 5361142?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13278391-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5361142 — Tenancy dispute

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both the Landlord and the Tenant’s names and identifying details.
[The tenant/s] must pay [The landlord/s] $445.00 immediately, being compensation for reasonable expenses incurred by the landlord when releasing her from her fixed term tenancy.

Reasons

Both parties attended the hearing which was held by video conference. The landlord was represented by [property manager].
This tenancy began on 25 July 2024 and was for a fixed term of one year, to 23 July 2025. Rent was $890.00 per week.
The landlord says that the tenant sent them an email on 17 January 2025 to advise that, due to very difficult circumstances, she was unable to remain in the tenancy and wanted to move out as soon as possible.
The landlord said that they advertised the property immediately and set about finding new tenants so that the tenant could move out without incurring any rent arrears. They said that they advised that the tenant would be responsible for reasonable expenses incurred in finding a new tenant, approximately one weeks rent.
As matters turned out, this tenant moved out on 28 February 2025 and new tenants moved in on 1 March 2025.
The landlord produced a list of expenses which includes various itemised expenses including advertising, viewings, screening tenants and credit checks, competing the tenancy agreement and dealing with the bond. They seek the sum of $890.00 (one weeks rent) rather than the higher amount set out in the list of expenses, as this was the amount initially discussed with the tenant.
The tenant said that she had no option but to leave the tenancy early due to a very serious event that occurred during the tenancy and essentially turned her life upside down. She explained that she was in no state to make an application to the Tribunal to release her from the fixed term tenancy.
The tenant does not consider that she should be penalised for having to leave the fixed term early due to circumstances outside her control. She said that she is currently in very difficult circumstances and is unable to make any lump sum payment to the landlord.
The landlord said that they have sympathy for the tenant’s position and did everything they could to find new tenants on an urgent basis, but are entitled to recover the expenses incurred in doing so. Should the tenant pay the landlord’s claimed expenses?
Section 44A(1) of the Residential Tenancies Act 1986 provides that where a landlord consents to release the tenant from a fixed term tenancy early 1 the landlord is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the release from the tenancy.
Section 44A(2) provides that a landlord who seeks to recover expenses from a tenant in accordance with section 44A(1) must first provide an itemised account of the expenses to the tenant.
In this case the landlord has released the tenant from the tenancy early and seeks to recover expenses from the tenant.
The landlord produced an itemised list of expenses.
When a tenant is released from the fixed term well before the end of a fixed term tenancy, the Tribunal will usually award the landlord all of the expenses claimed (as long as they are reasonable) on the basis that all of the costs were incurred in respect of the release from the fixed term tenancy. 1 This is one of the ways that the landlord can agree to the tenant “parting with possession” pursuant to section 44 RTA
Where a tenant is released from the fixed term only a very short time before the end of a fixed term tenancy, the Tribunal will usually only award the landlord a small percentage of the amount claimed (if any), on the basis that the expenses would have been incurred anyway when the fixed term came to a natural end. In such circumstances the expenses do not relate, or only partially relate, to the release from the fixed term tenancy.
In this case the fixed term was for one year. The tenant was released from the fixed term five months early.
In the circumstances I consider that it is appropriate to award the landlord half of the expenses claimed, taking into account the fact that the tenancy had five months to go, but the landlord also acted quickly to find a new tenant.
I award the sum of $445.00 to the landlord. The tenant made it clear at the hearing that she is still in very difficult circumstances and may need to pay the amount ordered as part of a payment plan. I encourage the parties to discuss a workable way forward so that the tenant can pay the amount oweing over time without enforcement costs being incurred.
Both parties have been partly successful in this claim. The landlord has obtained an order for payment but that payment has been reduced in favour of the tenant. In the circumstances I have exercised my discretion to suppress both parties’ names and the tenancy address (see section 95A RTA).

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both the Landlord and the Tenant’s names and identifying details.
[The tenant/s] must pay [The landlord/s] $445.00 immediately, being compensation for reasonable expenses incurred by the landlord when releasing her from her fixed term tenancy.

Reasons

Both parties attended the hearing which was held by video conference. The landlord was represented by [property manager].
This tenancy began on 25 July 2024 and was for a fixed term of one year, to 23 July 2025. Rent was $890.00 per week.
The landlord says that the tenant sent them an email on 17 January 2025 to advise that, due to very difficult circumstances, she was unable to remain in the tenancy and wanted to move out as soon as possible.
The landlord said that they advertised the property immediately and set about finding new tenants so that the tenant could move out without incurring any rent arrears. They said that they advised that the tenant would be responsible for reasonable expenses incurred in finding a new tenant, approximately one weeks rent.
As matters turned out, this tenant moved out on 28 February 2025 and new tenants moved in on 1 March 2025.
The landlord produced a list of expenses which includes various itemised expenses including advertising, viewings, screening tenants and credit checks, competing the tenancy agreement and dealing with the bond. They seek the sum of $890.00 (one weeks rent) rather than the higher amount set out in the list of expenses, as this was the amount initially discussed with the tenant.
The tenant said that she had no option but to leave the tenancy early due to a very serious event that occurred during the tenancy and essentially turned her life upside down. She explained that she was in no state to make an application to the Tribunal to release her from the fixed term tenancy.
The tenant does not consider that she should be penalised for having to leave the fixed term early due to circumstances outside her control. She said that she is currently in very difficult circumstances and is unable to make any lump sum payment to the landlord.
The landlord said that they have sympathy for the tenant’s position and did everything they could to find new tenants on an urgent basis, but are entitled to recover the expenses incurred in doing so. Should the tenant pay the landlord’s claimed expenses?
Section 44A(1) of the Residential Tenancies Act 1986 provides that where a landlord consents to release the tenant from a fixed term tenancy early 1 the landlord is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the release from the tenancy.
Section 44A(2) provides that a landlord who seeks to recover expenses from a tenant in accordance with section 44A(1) must first provide an itemised account of the expenses to the tenant.
In this case the landlord has released the tenant from the tenancy early and seeks to recover expenses from the tenant.
The landlord produced an itemised list of expenses.
When a tenant is released from the fixed term well before the end of a fixed term tenancy, the Tribunal will usually award the landlord all of the expenses claimed (as long as they are reasonable) on the basis that all of the costs were incurred in respect of the release from the fixed term tenancy. 1 This is one of the ways that the landlord can agree to the tenant “parting with possession” pursuant to section 44 RTA
Where a tenant is released from the fixed term only a very short time before the end of a fixed term tenancy, the Tribunal will usually only award the landlord a small percentage of the amount claimed (if any), on the basis that the expenses would have been incurred anyway when the fixed term came to a natural end. In such circumstances the expenses do not relate, or only partially relate, to the release from the fixed term tenancy.
In this case the fixed term was for one year. The tenant was released from the fixed term five months early.
In the circumstances I consider that it is appropriate to award the landlord half of the expenses claimed, taking into account the fact that the tenancy had five months to go, but the landlord also acted quickly to find a new tenant.
I award the sum of $445.00 to the landlord. The tenant made it clear at the hearing that she is still in very difficult circumstances and may need to pay the amount ordered as part of a payment plan. I encourage the parties to discuss a workable way forward so that the tenant can pay the amount oweing over time without enforcement costs being incurred.
Both parties have been partly successful in this claim. The landlord has obtained an order for payment but that payment has been reduced in favour of the tenant. In the circumstances I have exercised my discretion to suppress both parties’ names and the tenancy address (see section 95A RTA).

Tenancy Tribunal case 5361142 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5361142 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Residential Tenancies Act sections

Frequently asked questions