What was Tenancy Tribunal case 5367533 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 5367533?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $7,242.86 awarded to landlord; Water Rates: $523.86 awarded to landlord

What type of tenancy dispute was case 5367533?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5367533?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13402733-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5367533 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 5367533?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $7,242.86 awarded to landlord; Water Rates: $523.86 awarded to landlord

What type of tenancy dispute was case 5367533?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5367533?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13402733-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5367533 — Rent arrears

Claims and awards in Tenancy Tribunal application 5367533 — net $5,194.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 November 2025	$7,242.86	Rent arrears to 29 November 2025
Water rates	$523.86	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,194.72
Total payable by Tenant to Landlord	$5,194.72

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Deepen Kirtibhai Patel and Avruti Deepen Patel must pay [The landlord/s] $5,194.72 immediately, for rent arrears to 29 November 2025, water bills and reimbursement of the filing fee, as calculated and shown in table below. DescriptionLandlord Rent arrears to 29 November 2025$7,242.86 Water rates$523.86 Filing fee reimbursement$28.00 Total award$7,794.72 Minus Bond-$2,600.00 Total payable by Tenant to Landlord$5,194.72
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The tenants’ applications are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears and water bills, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants have claimed that the landlord failed to maintain the property, breached healthy home standards, and breached their privacy. They seek exemplary damages and to be released from their obligations under the fixed term tenancy. The tenants are prepared to give their bond to the landlord to offset her loss of rent by their early termination of the tenancy.
This was a 12-month fixed term tenancy that commenced on 30 November 2024. The tenants left the property on 13 September 2025 after they purchased their own home.
The tenants advised the landlord on 19 August 2025 that they were leaving and that their end date would be 16 September 2025. The landlord reminded the tenants of their obligations under the fixed term tenancy and that they could not terminate the tenancy with 4 weeks’ notice. The landlord advised the tenants that they would be liable for the rent until a new tenant is secured.
On 20 th August 2025, the tenants raised concerns about the property, such as the back door, dent in the carpet, electrical wiring, bathroom drainage and mouldy curtains. The tenants claim that these issues with the property mean that this is not a good environment for them to be living in.
The landlord claims that the tenants raised these issues after handing in their notice, and to suggest that they were leaving because of the condition of the house and not because they had purchased their own home.
I will deal with the tenants claims first as that will affect the outcome of the landlord rent arrears claim. Fixed term tenancies:
The tenants gave the landlord 28 days’ notice to end a fixed term tenancy before the expiry date. Under the Residential Tenancies Act 1986 (“RTA”), a fixed term tenancy cannot be ended early by notice from the tenant unless the landlord agrees, or there is a specific legal ground for early termination, (such as a break clause, assignment, or withdrawal for family violence under the RTA).
In the absence of such agreement or lawful ground, the tenant remains liable for rent until the end of the fixed term, or until a new tenant takes over the tenancy, whichever occurs first. The landlord is therefore entitled to claim rent for the period from when the tenant vacated until the end of the fixed term, subject to any duty to mitigate loss by making reasonable efforts to re-let the premises. Failure to maintain/Breach Healthy Homes Standards
Deepen Kirtibhai Patel and Avruti Deepen Patel claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide the premises in a reasonable state of cleanliness, provide and maintain the premises in a reasonable state of repair, comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 and comply with any relevant enactment in relation to buildings, health and safety.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
The tenants claim that the reason they moved out of the property was because it was uninhabitable to live in and the landlord would not fix issues until they were moving out.
During the tenancy there had been a few maintenance issues that were brought to the attention of the landlord: -April 2025 severe weather caused a water leak through the doors into the inside of the house flooding the carpet and causing some power outages. The landlord was advised on 19 th April 2025 (Saturday) and sent Vector Energy around to check the safety of the power supply to the property. An electrician came two days later to fix the circuit board on 21 st April 2025 (Monday). The water leak was caused by guttering that needed to be repaired. -The whole house had a full external gutter and spouting conversion in June 2025. -On 6 May 2025, the tenants contacted the landlord to say the rear sliding door was loose and needed to be repaired. On 13 th May 2025, a handyman did repairs. The tenants did not communicate with the landlord again expressing concerns about the door until 20 th August 2025. -The landlord had all three ranch slider doors serviced and repaired in September 2025. A builder was sent three days later to check and inspect the doors.
In addition, the tenants claim there was mould on the curtains, a dent in the carpet from the floorboards becoming spongy due to water leaks.
The tenants claim the landlord did not do regular inspections on the property.
The landlord stated that in addition to these repairs she took responsibility for the lawn and garden maintenance during the tenancy, had the internal garage and whole exterior of the house cleaned and repainted (January 2025). Furthermore, installed a new laundry tub and installed a new exterior sensor light in April 2025.
The landlord said she did a number of inspections during the tenancy when she was at the property checking on repairs and maintenance needed. Examples given were December 2025 when she inspected the window repairs, May, June, and August 2025 when she was with the builder inspecting repairs.
The landlord said the first the tenants told her about mouldy curtains was August 2025 and they were replaced.
The landlord clearly was motivated to maintain this property. This had been her family home that she grew up in. The landlord had a close family friend and handyman living close by that she would send to the property immediately if there were issues raised. Despite some one-off weather-related events, the home is an older home but appears to have been well maintained. I do not find that the landlord has committed an unlawful act.
I am dismissing the tenants claim for failure to maintain and breach of healthy Homes Standards. Breach Quiet Enjoyment/Harassment:
Deepen Kirtibhai Patel and Avruti Deepen Patel claims the landlord has harassed them.
A landlord must not interfere with the reasonable peace, comfort, or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 38(3) and Schedule 1A RTA.
Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
The tenants said that on one occasion the builder came, and they were told he was working outside. However, the wife came home to find the doors were wide open and the builder had been in the house.
The landlord had her handy man attend the property when the builder was there. At the time the wife had returned home, the builder had opened the doors to repaint the door frames with the handyman’s consent. The handyman had gone briefly for lunch when the builder opened the doors to paint the door frames.
The landlord says this was a one-off incident and a misunderstanding.
The very nature of repairs and maintenance at a tenanted property means some inconvenience and disruption for the tenants. I do not find that this incident and maintenance intrusions amounts to the landlord having committed an unlawful act.
I am dismissing the tenants claim that the landlord has breach their privacy and harassed them. Landlords’ claims:

How much is owed for rent and water rates?

The tenants left the property on 13 September 2025, but the tenancy was to end on 29 November 2025. The landlord provided rent records and water bills which prove the amount of $7242.86 in rent arrears and $523.86 in water bills owing at the end of the tenancy.
The tenants did not dispute the water bills but complained of not receiving regular monthly invoices.
The tenants had a fixed term tenancy and were not permitted to give notice to terminate the tenancy two and a half months early because they had purchased their own home. I find the tenants should pay the landlord rent until the end of the fixed term tenancy or the start of the new tenancy.
The landlord was prepared to work with the tenants to end the tenancy earlier than the fixed term, but the tenants chose not to work with her to advertise the property to obtain a new tenant. The landlord says the tenants unilaterally ended the fixed term tenancy.
The tenants had a choice about when they would take possession of their own home and elected to move into their own property during the fixed term tenancy. The landlord has suffered financially as a result of the tenant’s action and in reliance on the contract with the tenants.
For the reasons set out above, the tenants are not released from their obligations under the fixed term tenancy and are to pay the rent up to the 29 November 2025.
The landlord has been successful in her claim for the water bills and rent arrears to the end of the fixed term tenancy on 29 November 2025. Bond/ Filing Fee/ Suppression:
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The bond is to be refunded to the landlord to offset the debt owed by the tenants to the landlord.
The landlord has applied for suppression of her name and details and as she has been successful, I am granting suppression.

Claims and awards in Tenancy Tribunal application 5367533 — net $5,194.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 November 2025	$7,242.86	Rent arrears to 29 November 2025
Water rates	$523.86	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,194.72
Total payable by Tenant to Landlord	$5,194.72

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Deepen Kirtibhai Patel and Avruti Deepen Patel must pay [The landlord/s] $5,194.72 immediately, for rent arrears to 29 November 2025, water bills and reimbursement of the filing fee, as calculated and shown in table below. DescriptionLandlord Rent arrears to 29 November 2025$7,242.86 Water rates$523.86 Filing fee reimbursement$28.00 Total award$7,794.72 Minus Bond-$2,600.00 Total payable by Tenant to Landlord$5,194.72
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The tenants’ applications are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears and water bills, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants have claimed that the landlord failed to maintain the property, breached healthy home standards, and breached their privacy. They seek exemplary damages and to be released from their obligations under the fixed term tenancy. The tenants are prepared to give their bond to the landlord to offset her loss of rent by their early termination of the tenancy.
This was a 12-month fixed term tenancy that commenced on 30 November 2024. The tenants left the property on 13 September 2025 after they purchased their own home.
The tenants advised the landlord on 19 August 2025 that they were leaving and that their end date would be 16 September 2025. The landlord reminded the tenants of their obligations under the fixed term tenancy and that they could not terminate the tenancy with 4 weeks’ notice. The landlord advised the tenants that they would be liable for the rent until a new tenant is secured.
On 20 th August 2025, the tenants raised concerns about the property, such as the back door, dent in the carpet, electrical wiring, bathroom drainage and mouldy curtains. The tenants claim that these issues with the property mean that this is not a good environment for them to be living in.
The landlord claims that the tenants raised these issues after handing in their notice, and to suggest that they were leaving because of the condition of the house and not because they had purchased their own home.
I will deal with the tenants claims first as that will affect the outcome of the landlord rent arrears claim. Fixed term tenancies:
The tenants gave the landlord 28 days’ notice to end a fixed term tenancy before the expiry date. Under the Residential Tenancies Act 1986 (“RTA”), a fixed term tenancy cannot be ended early by notice from the tenant unless the landlord agrees, or there is a specific legal ground for early termination, (such as a break clause, assignment, or withdrawal for family violence under the RTA).
In the absence of such agreement or lawful ground, the tenant remains liable for rent until the end of the fixed term, or until a new tenant takes over the tenancy, whichever occurs first. The landlord is therefore entitled to claim rent for the period from when the tenant vacated until the end of the fixed term, subject to any duty to mitigate loss by making reasonable efforts to re-let the premises. Failure to maintain/Breach Healthy Homes Standards
Deepen Kirtibhai Patel and Avruti Deepen Patel claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide the premises in a reasonable state of cleanliness, provide and maintain the premises in a reasonable state of repair, comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 and comply with any relevant enactment in relation to buildings, health and safety.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
The tenants claim that the reason they moved out of the property was because it was uninhabitable to live in and the landlord would not fix issues until they were moving out.
During the tenancy there had been a few maintenance issues that were brought to the attention of the landlord: -April 2025 severe weather caused a water leak through the doors into the inside of the house flooding the carpet and causing some power outages. The landlord was advised on 19 th April 2025 (Saturday) and sent Vector Energy around to check the safety of the power supply to the property. An electrician came two days later to fix the circuit board on 21 st April 2025 (Monday). The water leak was caused by guttering that needed to be repaired. -The whole house had a full external gutter and spouting conversion in June 2025. -On 6 May 2025, the tenants contacted the landlord to say the rear sliding door was loose and needed to be repaired. On 13 th May 2025, a handyman did repairs. The tenants did not communicate with the landlord again expressing concerns about the door until 20 th August 2025. -The landlord had all three ranch slider doors serviced and repaired in September 2025. A builder was sent three days later to check and inspect the doors.
In addition, the tenants claim there was mould on the curtains, a dent in the carpet from the floorboards becoming spongy due to water leaks.
The tenants claim the landlord did not do regular inspections on the property.
The landlord stated that in addition to these repairs she took responsibility for the lawn and garden maintenance during the tenancy, had the internal garage and whole exterior of the house cleaned and repainted (January 2025). Furthermore, installed a new laundry tub and installed a new exterior sensor light in April 2025.
The landlord said she did a number of inspections during the tenancy when she was at the property checking on repairs and maintenance needed. Examples given were December 2025 when she inspected the window repairs, May, June, and August 2025 when she was with the builder inspecting repairs.
The landlord said the first the tenants told her about mouldy curtains was August 2025 and they were replaced.
The landlord clearly was motivated to maintain this property. This had been her family home that she grew up in. The landlord had a close family friend and handyman living close by that she would send to the property immediately if there were issues raised. Despite some one-off weather-related events, the home is an older home but appears to have been well maintained. I do not find that the landlord has committed an unlawful act.
I am dismissing the tenants claim for failure to maintain and breach of healthy Homes Standards. Breach Quiet Enjoyment/Harassment:
Deepen Kirtibhai Patel and Avruti Deepen Patel claims the landlord has harassed them.
A landlord must not interfere with the reasonable peace, comfort, or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 38(3) and Schedule 1A RTA.
Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
The tenants said that on one occasion the builder came, and they were told he was working outside. However, the wife came home to find the doors were wide open and the builder had been in the house.
The landlord had her handy man attend the property when the builder was there. At the time the wife had returned home, the builder had opened the doors to repaint the door frames with the handyman’s consent. The handyman had gone briefly for lunch when the builder opened the doors to paint the door frames.
The landlord says this was a one-off incident and a misunderstanding.
The very nature of repairs and maintenance at a tenanted property means some inconvenience and disruption for the tenants. I do not find that this incident and maintenance intrusions amounts to the landlord having committed an unlawful act.
I am dismissing the tenants claim that the landlord has breach their privacy and harassed them. Landlords’ claims:

How much is owed for rent and water rates?

The tenants left the property on 13 September 2025, but the tenancy was to end on 29 November 2025. The landlord provided rent records and water bills which prove the amount of $7242.86 in rent arrears and $523.86 in water bills owing at the end of the tenancy.
The tenants did not dispute the water bills but complained of not receiving regular monthly invoices.
The tenants had a fixed term tenancy and were not permitted to give notice to terminate the tenancy two and a half months early because they had purchased their own home. I find the tenants should pay the landlord rent until the end of the fixed term tenancy or the start of the new tenancy.
The landlord was prepared to work with the tenants to end the tenancy earlier than the fixed term, but the tenants chose not to work with her to advertise the property to obtain a new tenant. The landlord says the tenants unilaterally ended the fixed term tenancy.
The tenants had a choice about when they would take possession of their own home and elected to move into their own property during the fixed term tenancy. The landlord has suffered financially as a result of the tenant’s action and in reliance on the contract with the tenants.
For the reasons set out above, the tenants are not released from their obligations under the fixed term tenancy and are to pay the rent up to the 29 November 2025.
The landlord has been successful in her claim for the water bills and rent arrears to the end of the fixed term tenancy on 29 November 2025. Bond/ Filing Fee/ Suppression:
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The bond is to be refunded to the landlord to offset the debt owed by the tenants to the landlord.
The landlord has applied for suppression of her name and details and as she has been successful, I am granting suppression.

Tenancy Tribunal case 5367533 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5367533 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions