What was Tenancy Tribunal case 5373122 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 5373122?

Filing Fee: $28.00 awarded to landlord; Landlord'S Expenses: $460.00 awarded to landlord; Rent Arrears: $4,266.99 awarded to landlord; Rubbish Removal: $10.00 awarded to landlord; Shortfall In Rent To 30.1.26: $585.00 awarded to landlord

What type of tenancy dispute was case 5373122?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5373122?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13165848-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5373122 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 5373122?

Filing Fee: $28.00 awarded to landlord; Landlord'S Expenses: $460.00 awarded to landlord; Rent Arrears: $4,266.99 awarded to landlord; Rubbish Removal: $10.00 awarded to landlord; Shortfall In Rent To 30.1.26: $585.00 awarded to landlord

What type of tenancy dispute was case 5373122?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5373122?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13165848-Tribunal_Order_Redacted.pdf.

23 Mataara Lane, Manurewa, Auckland 2105 Tenancy Tribunal Case 5373122 — Rent arrears

Claims and awards in Tenancy Tribunal application 5373122 — net $2,769.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30.10.25	$4,266.99	Rent arrears to 30.10.25
Shortfall in rent to 30.1.26	$585.00	Shortfall in rent to 30.1.26
Landlord's expenses	$460.00	Landlord's expenses
Rubbish removal	$10.00	Rubbish removal
Filing fee reimbursement	$28.00	I order that the tenant reimburse the filing fee paid for the application being $28. 9
Net award	$2,769.99
Total payable by Tenant to Landlord	$2,769.99

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants names and identifying details.
[The tenant/s] must pay Wolfbrook Property Management Limited $2,769.99 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,580.00 ([Bond number suppressed]) to Wolfbrook Property Management Limited immediately.

Reasons

Both parties attended the remote hearing.
For ease of reference, I will refer to the tenants in the singular.
The tenancy commenced on 30 January 2025 and was a fixed term tenancy with a contractual end date of 30 January 2026.
A tenancy for a fixed term is a binding legal contract.
Neither party can give notice to end a fixed-term tenancy, except in limited cases which are not relevant here. 1 Parties may agree to end a fixed-term tenancy.
In this case the landlord did agree to the tenancy ending before the end of the fixed-term and has secured a replacement tenancy. The landlord now claims: a. Rent arrears - $4,699.29 b. Difference in rent from the start of the replacement tenancy until the end of the fixed term. - $585 c. Expenses – break lease fees -$500 d. Cleaning - $80.50 e. Lawns - $138 f. Reimbursement of the filing fee, and g. Payment of the bond. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. Rent arrears
The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 2 The landlord provided rent records, however as discussed at the hearing, I was concerned that the rent summary did not 1 RTA ss 55Aa, 56A(1), 58(1)(d). (da), 58A, 59, 59A or 59B, 56B . 2 RTA s 40 (1)(a). accurately reflect the rent arrears. I make an order for rent arrears of $4,266.99 by consent to reflect the actual rent arrears. Shortfall in rent
The landlord claims $585 being the difference between the rent the tenant was paying and the rent the replacement tenant pays for rent.
The landlord says they advised the tenant by email on 26 August 2025 about the process for ending a fixed term tenancy by agreement. That email was provided in evidence and also shows the tenant was advised of their ability to apply to the Tribunal for an order ending the fixed-term tenancy. That email said the landlord cannot guarantee that a replacement tenant will agree to pay the same rent and if a lower rent is agreed upon the tenant may be liable to cover the difference until the end of the original fixed-term. The following day the tenants signed an “application for early release of fixed term tenancy” form which acknowledged costs may be incurred. That application form refers to an “agreement for early termination of a fixed term tenancy” being provided to them if the application was accepted. The landlord did not have confirmation that the tenant signed any such agreement. The landlord says that they listed the premises shortly thereafter but there were no applications for a replacement tenant at the current rate of $645. On 16 October 2025 the landlord advertised the property at $600 per week and a subsequent replacement tenancy was found which commenced on the 14 November 2025.
The landlord seeks the difference in rent of $45.00 per week for 13 weeks to the end of the fixed term. I consider the landlord did not delay or act unreasonably in advertising the property. I accept that the rental market required that a lower rent needed to be advertised and offered to potential tenants. The tenant was aware that this might occur. I consider that the landlord has mitigated loss by promptly advertising the property at a lower rent to secure a new tenant and reduce the tenant’s liability for ongoing rent arrears.
For these reasons I consider it is reasonable that the tenant compensates the landlord for the amount claimed for the difference in rent until the end of the tenancy. The amount ordered is $585 as claimed. Landlord’s expenses
A landlord who consents to the early termination of a fixed-term tenancy is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the early termination.
A landlord who seeks to recover these expenses from a tenant must first provide an itemised account of the expenses to the tenant. 3 The expenses 3 RTA, s 41(1)-(2). should be the actual costs in finding the replacement tenant and they must be the actual cost (that can be evidenced), not a nominal charge, or standard fee. The Tribunal has dismissed a claim where the landlord was seeking to recover a nominal standard charge. 4
The landlord claimed $500 expenses in the application form. It was discussed at the hearing that an exit inspection cost would have been incurred at the end of the tenancy in any event and this was accepted by the landlord.
I make an order in respect of the landlord’s expenses for $460 by consent. Cleaning and rubbish removal
The landlord claimed cleaning and lawn mowing costs at the hearing and the tenant agreed to these matters being heard and determined with the current application.
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy and remove all rubbish. 5
There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work).
Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable. 6 Reasonably clean does not mean commercially clean. 7 Reasonably clean does not mean spotless to a hotel or motel standard. 8
There is no requirement that each and every individual item in the premises be left “reasonably” clean and tidy, only an overall obligation in relation to the tenancy premises. The standard of “reasonably clean” anticipates that some parts of the premises may not be perfect.
In reviewing the exit inspection, I consider the tenant was near to leaving the premises reasonably clean and tidy, save for some rubbish that should have been removed. I will allow $10 for the rubbish removal that the tenant should 4 Barfoot & Thompson Limited As Agent For Hongying Xie v Fortune and Williams [2025] NZTT 5248456 at 17-18. 5 RTA s 40(1)(e). 6 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at page 8 7 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009 8 Richards v Scully TT Christchurch TT2043/98, 21 July 1998. have undertaken but dismiss the claim for cleaning as the premises was overall reasonably clean and tidy.
The lawn required mowing at the end of the tenancy however the tenant said that the lawn required mowing at the start of the tenancy. I accept that likely to be the case as the landlord’s pre-tenancy photographs were from a month before the tenant took possession of the premises and potentially the lawns could have grown and were not mowing over that month. It would be unreasonable to expect the tenants to pay to mow the lawns at the end of the tenancy when they were given a premises with lawns that needed to be mowed at the start of the tenancy. The claim for lawnmowing is dismissed Filing fee, bond and suppression
Because the landlord has been partly successful in their claim, I order that the tenant reimburse the filing fee paid for the application being $28. 9
The bond is to be paid to the landlord immediately to offset the amounts ordered.
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published and may attach any conditions to that order that the Tribunal considers appropriate. 10
The landlord did not seek name suppression. The tenant applied for name suppression and as they have largely consented to the landlord’s claims, and I accept that there were circumstances outside of their control that led to their desire to end the tenancy early. I therefore consider that the tenant’s interests outweigh the public interest in publication and name suppression for the tenants is granted.

Claims and awards in Tenancy Tribunal application 5373122 — net $2,769.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30.10.25	$4,266.99	Rent arrears to 30.10.25
Shortfall in rent to 30.1.26	$585.00	Shortfall in rent to 30.1.26
Landlord's expenses	$460.00	Landlord's expenses
Rubbish removal	$10.00	Rubbish removal
Filing fee reimbursement	$28.00	I order that the tenant reimburse the filing fee paid for the application being $28. 9
Net award	$2,769.99
Total payable by Tenant to Landlord	$2,769.99

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants names and identifying details.
[The tenant/s] must pay Wolfbrook Property Management Limited $2,769.99 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,580.00 ([Bond number suppressed]) to Wolfbrook Property Management Limited immediately.

Reasons

Both parties attended the remote hearing.
For ease of reference, I will refer to the tenants in the singular.
The tenancy commenced on 30 January 2025 and was a fixed term tenancy with a contractual end date of 30 January 2026.
A tenancy for a fixed term is a binding legal contract.
Neither party can give notice to end a fixed-term tenancy, except in limited cases which are not relevant here. 1 Parties may agree to end a fixed-term tenancy.
In this case the landlord did agree to the tenancy ending before the end of the fixed-term and has secured a replacement tenancy. The landlord now claims: a. Rent arrears - $4,699.29 b. Difference in rent from the start of the replacement tenancy until the end of the fixed term. - $585 c. Expenses – break lease fees -$500 d. Cleaning - $80.50 e. Lawns - $138 f. Reimbursement of the filing fee, and g. Payment of the bond. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. Rent arrears
The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 2 The landlord provided rent records, however as discussed at the hearing, I was concerned that the rent summary did not 1 RTA ss 55Aa, 56A(1), 58(1)(d). (da), 58A, 59, 59A or 59B, 56B . 2 RTA s 40 (1)(a). accurately reflect the rent arrears. I make an order for rent arrears of $4,266.99 by consent to reflect the actual rent arrears. Shortfall in rent
The landlord claims $585 being the difference between the rent the tenant was paying and the rent the replacement tenant pays for rent.
The landlord says they advised the tenant by email on 26 August 2025 about the process for ending a fixed term tenancy by agreement. That email was provided in evidence and also shows the tenant was advised of their ability to apply to the Tribunal for an order ending the fixed-term tenancy. That email said the landlord cannot guarantee that a replacement tenant will agree to pay the same rent and if a lower rent is agreed upon the tenant may be liable to cover the difference until the end of the original fixed-term. The following day the tenants signed an “application for early release of fixed term tenancy” form which acknowledged costs may be incurred. That application form refers to an “agreement for early termination of a fixed term tenancy” being provided to them if the application was accepted. The landlord did not have confirmation that the tenant signed any such agreement. The landlord says that they listed the premises shortly thereafter but there were no applications for a replacement tenant at the current rate of $645. On 16 October 2025 the landlord advertised the property at $600 per week and a subsequent replacement tenancy was found which commenced on the 14 November 2025.
The landlord seeks the difference in rent of $45.00 per week for 13 weeks to the end of the fixed term. I consider the landlord did not delay or act unreasonably in advertising the property. I accept that the rental market required that a lower rent needed to be advertised and offered to potential tenants. The tenant was aware that this might occur. I consider that the landlord has mitigated loss by promptly advertising the property at a lower rent to secure a new tenant and reduce the tenant’s liability for ongoing rent arrears.
For these reasons I consider it is reasonable that the tenant compensates the landlord for the amount claimed for the difference in rent until the end of the tenancy. The amount ordered is $585 as claimed. Landlord’s expenses
A landlord who consents to the early termination of a fixed-term tenancy is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the early termination.
A landlord who seeks to recover these expenses from a tenant must first provide an itemised account of the expenses to the tenant. 3 The expenses 3 RTA, s 41(1)-(2). should be the actual costs in finding the replacement tenant and they must be the actual cost (that can be evidenced), not a nominal charge, or standard fee. The Tribunal has dismissed a claim where the landlord was seeking to recover a nominal standard charge. 4
The landlord claimed $500 expenses in the application form. It was discussed at the hearing that an exit inspection cost would have been incurred at the end of the tenancy in any event and this was accepted by the landlord.
I make an order in respect of the landlord’s expenses for $460 by consent. Cleaning and rubbish removal
The landlord claimed cleaning and lawn mowing costs at the hearing and the tenant agreed to these matters being heard and determined with the current application.
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy and remove all rubbish. 5
There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work).
Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable. 6 Reasonably clean does not mean commercially clean. 7 Reasonably clean does not mean spotless to a hotel or motel standard. 8
There is no requirement that each and every individual item in the premises be left “reasonably” clean and tidy, only an overall obligation in relation to the tenancy premises. The standard of “reasonably clean” anticipates that some parts of the premises may not be perfect.
In reviewing the exit inspection, I consider the tenant was near to leaving the premises reasonably clean and tidy, save for some rubbish that should have been removed. I will allow $10 for the rubbish removal that the tenant should 4 Barfoot & Thompson Limited As Agent For Hongying Xie v Fortune and Williams [2025] NZTT 5248456 at 17-18. 5 RTA s 40(1)(e). 6 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at page 8 7 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009 8 Richards v Scully TT Christchurch TT2043/98, 21 July 1998. have undertaken but dismiss the claim for cleaning as the premises was overall reasonably clean and tidy.
The lawn required mowing at the end of the tenancy however the tenant said that the lawn required mowing at the start of the tenancy. I accept that likely to be the case as the landlord’s pre-tenancy photographs were from a month before the tenant took possession of the premises and potentially the lawns could have grown and were not mowing over that month. It would be unreasonable to expect the tenants to pay to mow the lawns at the end of the tenancy when they were given a premises with lawns that needed to be mowed at the start of the tenancy. The claim for lawnmowing is dismissed Filing fee, bond and suppression
Because the landlord has been partly successful in their claim, I order that the tenant reimburse the filing fee paid for the application being $28. 9
The bond is to be paid to the landlord immediately to offset the amounts ordered.
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published and may attach any conditions to that order that the Tribunal considers appropriate. 10
The landlord did not seek name suppression. The tenant applied for name suppression and as they have largely consented to the landlord’s claims, and I accept that there were circumstances outside of their control that led to their desire to end the tenancy early. I therefore consider that the tenant’s interests outweigh the public interest in publication and name suppression for the tenants is granted.

Tenancy Tribunal case 5373122 — Rent arrears at 23 Mataara Lane, Manurewa, Auckland 2105

At a glance

Tenancy Tribunal case 5373122 — Rent arrears at 23 Mataara Lane, Manurewa, Auckland 2105

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions