What was Tenancy Tribunal case 5399604 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 5399604?

Break Lease Fee: $565.00 awarded to landlord; Rubbish Removal: $175.95 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,009.29 awarded to landlord

What type of tenancy dispute was case 5399604?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5399604?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13243931-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5399604 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 5399604?

Break Lease Fee: $565.00 awarded to landlord; Rubbish Removal: $175.95 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,009.29 awarded to landlord

What type of tenancy dispute was case 5399604?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5399604?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13243931-Tribunal_Order_Redacted.pdf.

Unit/Flat Unit 501, 22 Nelson Street, Auckland Central, Tenancy Tribunal Case 5399604 — Rent arrears

Claims and awards in Tenancy Tribunal application 5399604 — net $838.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,009.29	Rent arrears
Cleaning: and rubbish removal	$175.95	Cleaning: and rubbish removal
Break lease fee	$565.00	Break lease fee
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$838.24
Total payable by Tenant to Landlord	$838.24

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Ali Hamdan must pay [The landlord/s] $838.24 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,940.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.The tenant did not attend but provided a written response to the claims filed by the landlord. The response was filed late, and the landlord had not received it. Time was allowed for them to review the document.
The landlord has applied for rent arrears, compensation for cleaning and break lease fee, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy was for a fixed term ending on 2 March 2026.
On 11 August 2025 the tenant contacted the landlord requesting an end to the fixed term tenancy as they were leaving the country on 1 November 2025. The landlord replied on 14 August 2025 that if they wanted to end the fixed term had to fill out the supplied form called application for early release on fixed term tenancy. This form stated that the tenants acknowledged that they may be liable for costs reasonably incurred by the landlord from the early release from the fixed term and the email explained the break lease costs and that the tenant would be liable for rent until a new tenant moved in.
The tenant signed this document on 3 October 2025 and the landlord confirmed by reply that the owner accepted the early release.
The landlord started to advertise the premises on 6 October 2025 and a tenant was secured to start on 2 November 2025, if the tenant could make the keys to the premises available early on 1 November 2025.The tenant was unable to provide the keys early enough for the landlord to conduct an end of tenancy inspection, and organise a top up clean or any repairs. That tenancy was lost.
A new tenancy began on 10 November and the landlord sought rent to this date.
The tenant in the document provided disputed the rent owing on the basis that the landlord had failed to mitigate their loss and that they had indicated there was a prospective tenant arranged to move in and they relied on this when planning to leave.
The email of 3 October to the tenant explained Please also note that 1 Nov is Sat and we require two working days for tidy up and conduct the inspection, so the early move in date for the next tenant aiming on 5 Nov, rent will be calculated to 4 Nov, if this is the case.
The landlord said that tis was an example and they were explaining that they needed a few days between tenancies before a new tenancy could start.
I do not find that this email confirmed that a new tenancy was to start then. The landlord also gave evidence that because the tenant was unable to get the keys returned early on the last day the first tenancy could not be secured.
It is not unreasonable to require a few days between tenancies to attend to maintenance and cleaning if required.
The landlord confirmed that the owner would agree to the breaking of the fixed term on Friday 3 October 2026 and the landlord started advertising on Monday 6 October 2025.I find that the landlord acted appropriately to mitigate their loss.
A new tenancy started on 10 November 2025, and I find that the rent is owed to 9 November 2025 as claimed.

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) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Photographs of extra cleaning needed and tenant belongings such as bedding that needed to be disposed of.
The amounts ordered are proved with photographs and awarded as claimed.

Is the tenant responsible for the break lease fees?

The landlord provided an itemised break lease invoice of costs for the tenant on 14 August that itemised the costs for breaking the lease. The email also stated that The lease break fees involved are not limited to the three mentioned; they also depend on factors such as the number of viewings, application checks, and the frequency of communication between the tenant and the owner regarding the request to end the tenancy and the confirmation of final terms and processes.
The tenant claimed that the costs claimed would have to have been paid by the landlord anyway when the tenancy had ended because they were standard functions and not losses uniquely caused by their early departure.
The landlord explained each cost claimed specifically, saying that there was a lot of communication about ending the tenancy early, the advertising costs was lower than usual because it was part of a company package, travel cost claimed were for viewings to secure the new tenant. The landlord said that the vacate inspection was not covered by the management authority.
I find that the costs for communications to negotiate the end of tenancy with the owner and tenant can be claimed, and the advertising, associated costs with vetting new applications, additional viewings and new tenancy documentation as they are reasonable costs resulting from the breach of the tenancy agreement.
I do not award the cost for a vacate inspection and report and photos as this is standard practice for the end of a tenancy.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and grant name suppression as requested.

Claims and awards in Tenancy Tribunal application 5399604 — net $838.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,009.29	Rent arrears
Cleaning: and rubbish removal	$175.95	Cleaning: and rubbish removal
Break lease fee	$565.00	Break lease fee
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$838.24
Total payable by Tenant to Landlord	$838.24

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Ali Hamdan must pay [The landlord/s] $838.24 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,940.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.The tenant did not attend but provided a written response to the claims filed by the landlord. The response was filed late, and the landlord had not received it. Time was allowed for them to review the document.
The landlord has applied for rent arrears, compensation for cleaning and break lease fee, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy was for a fixed term ending on 2 March 2026.
On 11 August 2025 the tenant contacted the landlord requesting an end to the fixed term tenancy as they were leaving the country on 1 November 2025. The landlord replied on 14 August 2025 that if they wanted to end the fixed term had to fill out the supplied form called application for early release on fixed term tenancy. This form stated that the tenants acknowledged that they may be liable for costs reasonably incurred by the landlord from the early release from the fixed term and the email explained the break lease costs and that the tenant would be liable for rent until a new tenant moved in.
The tenant signed this document on 3 October 2025 and the landlord confirmed by reply that the owner accepted the early release.
The landlord started to advertise the premises on 6 October 2025 and a tenant was secured to start on 2 November 2025, if the tenant could make the keys to the premises available early on 1 November 2025.The tenant was unable to provide the keys early enough for the landlord to conduct an end of tenancy inspection, and organise a top up clean or any repairs. That tenancy was lost.
A new tenancy began on 10 November and the landlord sought rent to this date.
The tenant in the document provided disputed the rent owing on the basis that the landlord had failed to mitigate their loss and that they had indicated there was a prospective tenant arranged to move in and they relied on this when planning to leave.
The email of 3 October to the tenant explained Please also note that 1 Nov is Sat and we require two working days for tidy up and conduct the inspection, so the early move in date for the next tenant aiming on 5 Nov, rent will be calculated to 4 Nov, if this is the case.
The landlord said that tis was an example and they were explaining that they needed a few days between tenancies before a new tenancy could start.
I do not find that this email confirmed that a new tenancy was to start then. The landlord also gave evidence that because the tenant was unable to get the keys returned early on the last day the first tenancy could not be secured.
It is not unreasonable to require a few days between tenancies to attend to maintenance and cleaning if required.
The landlord confirmed that the owner would agree to the breaking of the fixed term on Friday 3 October 2026 and the landlord started advertising on Monday 6 October 2025.I find that the landlord acted appropriately to mitigate their loss.
A new tenancy started on 10 November 2025, and I find that the rent is owed to 9 November 2025 as claimed.

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) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Photographs of extra cleaning needed and tenant belongings such as bedding that needed to be disposed of.
The amounts ordered are proved with photographs and awarded as claimed.

Is the tenant responsible for the break lease fees?

The landlord provided an itemised break lease invoice of costs for the tenant on 14 August that itemised the costs for breaking the lease. The email also stated that The lease break fees involved are not limited to the three mentioned; they also depend on factors such as the number of viewings, application checks, and the frequency of communication between the tenant and the owner regarding the request to end the tenancy and the confirmation of final terms and processes.
The tenant claimed that the costs claimed would have to have been paid by the landlord anyway when the tenancy had ended because they were standard functions and not losses uniquely caused by their early departure.
The landlord explained each cost claimed specifically, saying that there was a lot of communication about ending the tenancy early, the advertising costs was lower than usual because it was part of a company package, travel cost claimed were for viewings to secure the new tenant. The landlord said that the vacate inspection was not covered by the management authority.
I find that the costs for communications to negotiate the end of tenancy with the owner and tenant can be claimed, and the advertising, associated costs with vetting new applications, additional viewings and new tenancy documentation as they are reasonable costs resulting from the breach of the tenancy agreement.
I do not award the cost for a vacate inspection and report and photos as this is standard practice for the end of a tenancy.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and grant name suppression as requested.

Tenancy Tribunal case 5399604 — Rent arrears at Unit/Flat Unit 501, 22 Nelson Street, Auckland Central,

At a glance

Tenancy Tribunal case 5399604 — Rent arrears at Unit/Flat Unit 501, 22 Nelson Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the break lease fees?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the break lease fees?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions