What was Tenancy Tribunal case 5369361 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 5369361?

Cleaning: $138.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Power: $231.08 awarded to landlord; Rent Arrears: $1,194.28 awarded to landlord

What type of tenancy dispute was case 5369361?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5369361?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13152963-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5369361 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 5369361?

Cleaning: $138.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Power: $231.08 awarded to landlord; Rent Arrears: $1,194.28 awarded to landlord

What type of tenancy dispute was case 5369361?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5369361?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13152963-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5369361 — Rent arrears

Claims and awards in Tenancy Tribunal application 5369361 — net $71.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 November 2025 (with a deduction	$1,194.28	Rent arrears to 4 November 2025 (with a deduction
Cleaning	$138.00	Cleaning
Power to 4 November 2025 (with a deduction	$231.08	Power to 4 November 2025 (with a deduction
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$71.36
Total payable by Tenant to Landlord	$71.36

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s and landlord’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $71.36 immediately, as calculated in the table below:

The Bond Centre is to pay the bond of $1,520.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, outgoings, refund of the bond and reimbursement of the filing fee following the end of the tenancy. The tenant disputes the claimed rent arrears.
Both parties were given additional time to provide documents. All documentation has been considered even if there is no direct reference. Background
The fixed term tenancy commenced on 31 May 2025 and was due to end on 31 May 2026.
On 8 September 2025 the tenant contacted the property manager to request an early termination of the tenancy due to an unforeseen family emergency.
The property manager responded advising that there was a process to ending a fixed term tenancy early including: a. Seeking the landlord’s approval. b. Payment of the “standard” break lease fee of $920.00 to cover the reletting costs. c. Ongoing rent liability until a suitable replacement tenant is found and commences their tenancy.
The tenant signed the form agreeing to these conditions and viewings commenced for a replacement tenant.
On 1 October 2025 the property manager advised that they had a prospective tenant approved for the unit who looking to move in soon. The property manager stated, if we get details finalised for them, when could be the soonest you could vacate? Once we have a date to work with, we will then get an agreement out to them. Please note that it won’t be confirmed until they sign and pay.
The tenant submitted that he advised the property manager that he could vacate within one week, and that the property manager confirmed that the incoming tenant had requested to move in on 9 October 2025 and asked whether the tenant would be able to move out by 7 October 2025. The tenant says he confirmed he would vacate by 7 October 2025. I have seen no correspondence that confirms this submission.
There was a change of property manager during this time that was communicated to the tenant.
On 7 October 2025 the tenant vacated the property and left the keys behind.
On 9 October 2025, the property manager advised the tenant that she was still waiting on confirmation of the prospective tenant making payment and then she could start finalising things for the tenant.
However, the tenant says that he considers that the landlord had accepted possession, inspected and accepted the condition of the premises, and had full control of the tenancy address.
At some stage the prospective tenant withdrew, however the tenant says he was not advised of this until 13 October 2025.
The landlord submits that it was made clear that until any incoming tenant had made payment, the arrangement was not confirmed, and this meant the tenant retained rent liability until this occurred. The landlord seeks rent until an actual tenant moved into the property, amounting to $1,357.14 to 4 November 2025.

How much is owed for rent and power?

The landlord provided rent records and power invoices showing the amounts sought of $1,357.14 for rent and $271.08 for power through to 4 November 2025.
The difficulty that I have with the tenant’s submissions, is that all the correspondence provided shows that the tenant would remain liable for rent until a new tenant was confirmed and paid, despite when the tenant vacated.
There is no obligation on a landlord to agree to end a fixed term tenancy early, regardless of the reasons a tenant seeks for it to occur.
Section 44A of the Residential Tenancies Act 1986 (RTA) provides that a landlord who does consent to termination of the tenancy is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the termination.
Here, the landlord did consent to an early termination of the tenancy, but I am satisfied that it was reasonable for the tenant to continue to pay rent (or be liable for rent) until a new tenant was confirmed and that confirmation requirement payment.
There is no doubt that the landlord’s communications could have been clearer, and the change in property manager exacerbated this.
However, on the evidence provided, I cannot find that the early termination conditions imposed by the landlord were met until the November tenant. I find that it is reasonable for the landlord to seek rent until the new tenant was confirmed and had made payment.
I do however consider that it is reasonable for there to be downtime between tenants, and I have therefore reduced the amount of rent awarded by three days.
The final amount of rent awarded is therefore $1,194.28.
In respect of power, tenants are only liable for power that they use, not for any fixed or supply charges. See section 39(1) of the RTA.
I have therefore reduced the power awarded to reflect that the tenant vacated the property on 7 October 2025, noting that this is a rough reduction on the basis that the final power bill was for the entire period of 4 October 2025 to 4 November 2025.
I have therefore deducted $40.00 from the final amount of power awarded and the final amount awarded is $231.08.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) RTA.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and that they were required to engage a cleaner at the invoiced cost of $138.00. The tenant did not dispute this amount, and the amount ordered is proved.
Because [The applicant/s] has substantially succeeded with the claim I must also reimburse the filing fee.
Both parties sought name suppression. I consider here that it was reasonable for the tenant to question the rent and power being sought based on the evidence provided, and I am therefore satisfied that the interests of the tenant outweigh the public interest in publication. The landlord has been substantially successful, and so name suppression is also granted to the landlord. See section 95A of the RTA. R Harvey-Lane 19 February 2026

Claims and awards in Tenancy Tribunal application 5369361 — net $71.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 November 2025 (with a deduction	$1,194.28	Rent arrears to 4 November 2025 (with a deduction
Cleaning	$138.00	Cleaning
Power to 4 November 2025 (with a deduction	$231.08	Power to 4 November 2025 (with a deduction
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$71.36
Total payable by Tenant to Landlord	$71.36

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s and landlord’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $71.36 immediately, as calculated in the table below:

The Bond Centre is to pay the bond of $1,520.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, outgoings, refund of the bond and reimbursement of the filing fee following the end of the tenancy. The tenant disputes the claimed rent arrears.
Both parties were given additional time to provide documents. All documentation has been considered even if there is no direct reference. Background
The fixed term tenancy commenced on 31 May 2025 and was due to end on 31 May 2026.
On 8 September 2025 the tenant contacted the property manager to request an early termination of the tenancy due to an unforeseen family emergency.
The property manager responded advising that there was a process to ending a fixed term tenancy early including: a. Seeking the landlord’s approval. b. Payment of the “standard” break lease fee of $920.00 to cover the reletting costs. c. Ongoing rent liability until a suitable replacement tenant is found and commences their tenancy.
The tenant signed the form agreeing to these conditions and viewings commenced for a replacement tenant.
On 1 October 2025 the property manager advised that they had a prospective tenant approved for the unit who looking to move in soon. The property manager stated, if we get details finalised for them, when could be the soonest you could vacate? Once we have a date to work with, we will then get an agreement out to them. Please note that it won’t be confirmed until they sign and pay.
The tenant submitted that he advised the property manager that he could vacate within one week, and that the property manager confirmed that the incoming tenant had requested to move in on 9 October 2025 and asked whether the tenant would be able to move out by 7 October 2025. The tenant says he confirmed he would vacate by 7 October 2025. I have seen no correspondence that confirms this submission.
There was a change of property manager during this time that was communicated to the tenant.
On 7 October 2025 the tenant vacated the property and left the keys behind.
On 9 October 2025, the property manager advised the tenant that she was still waiting on confirmation of the prospective tenant making payment and then she could start finalising things for the tenant.
However, the tenant says that he considers that the landlord had accepted possession, inspected and accepted the condition of the premises, and had full control of the tenancy address.
At some stage the prospective tenant withdrew, however the tenant says he was not advised of this until 13 October 2025.
The landlord submits that it was made clear that until any incoming tenant had made payment, the arrangement was not confirmed, and this meant the tenant retained rent liability until this occurred. The landlord seeks rent until an actual tenant moved into the property, amounting to $1,357.14 to 4 November 2025.

How much is owed for rent and power?

The landlord provided rent records and power invoices showing the amounts sought of $1,357.14 for rent and $271.08 for power through to 4 November 2025.
The difficulty that I have with the tenant’s submissions, is that all the correspondence provided shows that the tenant would remain liable for rent until a new tenant was confirmed and paid, despite when the tenant vacated.
There is no obligation on a landlord to agree to end a fixed term tenancy early, regardless of the reasons a tenant seeks for it to occur.
Section 44A of the Residential Tenancies Act 1986 (RTA) provides that a landlord who does consent to termination of the tenancy is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the termination.
Here, the landlord did consent to an early termination of the tenancy, but I am satisfied that it was reasonable for the tenant to continue to pay rent (or be liable for rent) until a new tenant was confirmed and that confirmation requirement payment.
There is no doubt that the landlord’s communications could have been clearer, and the change in property manager exacerbated this.
However, on the evidence provided, I cannot find that the early termination conditions imposed by the landlord were met until the November tenant. I find that it is reasonable for the landlord to seek rent until the new tenant was confirmed and had made payment.
I do however consider that it is reasonable for there to be downtime between tenants, and I have therefore reduced the amount of rent awarded by three days.
The final amount of rent awarded is therefore $1,194.28.
In respect of power, tenants are only liable for power that they use, not for any fixed or supply charges. See section 39(1) of the RTA.
I have therefore reduced the power awarded to reflect that the tenant vacated the property on 7 October 2025, noting that this is a rough reduction on the basis that the final power bill was for the entire period of 4 October 2025 to 4 November 2025.
I have therefore deducted $40.00 from the final amount of power awarded and the final amount awarded is $231.08.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) RTA.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and that they were required to engage a cleaner at the invoiced cost of $138.00. The tenant did not dispute this amount, and the amount ordered is proved.
Because [The applicant/s] has substantially succeeded with the claim I must also reimburse the filing fee.
Both parties sought name suppression. I consider here that it was reasonable for the tenant to question the rent and power being sought based on the evidence provided, and I am therefore satisfied that the interests of the tenant outweigh the public interest in publication. The landlord has been substantially successful, and so name suppression is also granted to the landlord. See section 95A of the RTA. R Harvey-Lane 19 February 2026

Tenancy Tribunal case 5369361 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5369361 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and power?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent and power?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions