What was Tenancy Tribunal case 5419550 about?

The tribunal order states: The Tribunal orders suppression of the tenants name and identifying details.

How much money was awarded in case 5419550?

Filing Fee: $28.00 awarded to tenant; Water Rates: $97.77 awarded to landlord

What type of tenancy dispute was case 5419550?

The dispute type was not classified.

Where can I read the official tribunal order for case 5419550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13421351-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5419550 about?

The tribunal order states: The Tribunal orders suppression of the tenants name and identifying details.

How much money was awarded in case 5419550?

Filing Fee: $28.00 awarded to tenant; Water Rates: $97.77 awarded to landlord

What type of tenancy dispute was case 5419550?

The dispute type was not classified.

Where can I read the official tribunal order for case 5419550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13421351-Tribunal_Order_Redacted.pdf.

4A Todd Place, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5419550 — Tenancy dispute

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4A Todd Place, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5419550 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5419550 — net $69.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$97.77		Water rates
Filing fee reimbursement		$28.00	Filing fee reimbursement
Total award	$97.77	$28.00
Net award	$69.77
Total payable by Tenant to Landlord	$69.77

Claims and awards for application 5419550 — net $69.77 NZD. Verify on MoJ.

Water rates

Amount: $97.77
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $28.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Total award

Landlord $97.77 · Tenant $28.00

Net award

Landlord $69.77

Total payable by Tenant to Landlord

Landlord $69.77

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

The Tribunal orders suppression of the tenants name and identifying details.
The Bond Centre is to pay the bond of $3,600.00 ([Bond number suppressed]) immediately apportioned as follows: Focus Rental Limited As Agent For Qiwei Xu: $69.77 [The tenant/s]: $3,530.23

This tenancy commenced on 20 November 2024. It was a fixed-term tenancy for a period of two years. Tragically, one of the tenants, the mother-in-law of the remaining tenant and the mother of his wife, passed away during the tenancy.
The property was managed by Focus Rental Limited, who was aware of the situation. When the tenants requested early termination of the tenancy related to their bereavement, this was agreed to, as confirmed by an email dated 15 October 2025. The agent for Focus requested payment of an advertising fee, which the tenants agreed to. This is also recorded in the email correspondence.
The emails indicate that on 22 October 2025, one week later, the landlord instructed the property manager that he had changed his mind. This was on the basis that he did not consider that the surviving tenants wife, being a professional and a lawyer, could suffer financial hardship, and therefore he wished to enforce his rights under the fixed-term tenancy agreement. The tenants claim:
The tenants made an application seeking the return of their bond. The tenants also asked me to consider a claim for exemplary damages/compensation for breach of quiet enjoyment. This relates to the landlord conducting last-minute inspections in the final week of the tenancy, delays in reimbursing the installation of a mailbox, and the landlord’s pursuit of payment for unpaid water charges. The landlords claim:
On the day of the hearing, the Tribunal from the landlords documents indicating a claim. Typically, the Tribunal will consider only the claims properly before it, in this case, the tenants claims. However, the tenants have asked me to deal with the landlords claims and have waived their right to notice in order to bring this matter to a full conclusion.
The landlords documents were supplied to the tenants by the tribunal during the hearing.
The landlord confirmed the following claims: a) $1,028.00 for rent arrears to 17 November 2025 b) $97.77 for water charges for the period 1 October to 3 November c) $920.00 for a repair invoice

Are the tenants liable for rent arrears?

The first claim relates to rent arrears up to 17 November 2025, being the date on which the property was re-tenanted. I asked the landlord’s agent, and representatives of Focus Rentals, about this during the hearing regarding the email of the the 15 th of October indicating that the tenants were released. They confirmed that the landlord, through their agent, consented to the termination of the fixed term on the 10 th of but subsequently changed his mind.
Their position is that under a fixed term tenancy the exiting party remains liable until a new tenant is found.
The landlord’s position is correct in that, while a fixed-term tenancy is in place, both parties are bound by it until it ends. However, the parties are equally free to agree to terminate that tenancy early. When the property manager confirmed the landlord’s consent to end the tenancy on 15 October 2025, a binding agreement to terminate the tenancy was reached, and the tenancy came to an end in accordance with that agreement. The landlord’s rights under the tenancy agreement for the remainder of the fixed term concluded at that point.
It was not open to the landlord on 22 October 2025 to unilaterally withdraw that consent. This issue does not turn on the tenant’s personal circumstances. Rather, it reflects the legal position that the parties were free to come to a mutual agreement, and they did contract to terminate the tenancy early. At that point, the landlord’s rights in relation to the remainder of the fixed term ceased.
The claim for rent arrears relates to the period after the 10 th of November when the tenancy ended by consent.
The claim for rent arrears is therefore dismissed.

Are the tenants liable for the water invoice?

The tenants were provided with a copy of the unpaid water invoice during the hearing. They stated this was the first time it had been received. They reviewed this and accepted liability for the amount. Accordingly, this sum is awarded.

Are the tenants liable for the repair and cleaning invoice?

The damage evidence provided by the landlord consists largely of zoomed-in photographs of scuff marks. These are consistent with ordinary wear and tear. It is not clear whether all of these marks occurred during the tenancy, as the pre- tenancy inspection photographs are zoomed out, whereas the post-tenancy photographs are zoomed in.
In any event, it is to be expected that during the course of a tenancy, minor deterioration such as scuff marks will occur. This does not give rise to tenant liability. Such deterioration is inherent in normal use of the premises and is accounted for in the payment of rent.
The invoice also includes a component for cleaning. The landlord provided photographs showing what appears to be a plastic wrapper at the bottom of a rubbish bin, a small number of magnetic hooks left in the sink, and a minor scuff mark on the benchtop.
Section 40(1)(e)(iii) of the Residential Tenancies Act 1986 requires a tenant to leave the premises in a reasonably clean and tidy condition. It does not require perfection. The photos indicate the property was reasonably clean and tidy. The cleaning identified by the landlord could reasonably have been remedied by themselves with minimal effort and without incurring cost.
Further, the invoice is dated 13 October 2025, with a due date of 31 October 2025, which is prior to the tenancy ending. This raises doubt as to whether the costs were actually incurred in relation to the end of the tenancy.
For these

Reasons

, tenant liability is not established and the claim is dismissed. Exemplary damages and compensation for breach of quiet enjoyment

I am satisfied as to the tenants’ account of events and accept, on the balance of probabilities, that the landlord’s conduct was insensitive and unprofessional. In particular, comments suggesting that a legal professional could not experience financial hardship were inappropriate.
Furthermore the account of the inspections on the last week also were likely without correct notice however it is expected that especially in circumstances were a fixed term is terminated early that some flexibility is required on the part of the tenants. The landlord could have conducted this in a more considerate manner and there is no reason why proper notice could have still been provided.
However, for exemplary damages to be awarded for breach of quiet enjoyment, the conduct must amount to harassment, as provided under section 38(3). While the landlord’s conduct was unsatisfactory, I do not consider that it meets the threshold of harassment. Accordingly, exemplary damages are not available and this claim is dismissed. Filing fee and Suppression:
As the applicant has been substantially successful, the application filing fee is awarded.
This application was necessary as a result of the landlord’s conduct and these matters ought to have been resolved at an earlier stage. In light of the circumstances in which the tenancy came to an end, and the landlords conduct which necessitated the application, I consider it appropriate to grant suppression of the tenants’ names pursuant to section 95A(4) of the Residential Tenancies Act 1986.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5419550 — net $69.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$97.77		Water rates
Filing fee reimbursement		$28.00	Filing fee reimbursement
Total award	$97.77	$28.00
Net award	$69.77
Total payable by Tenant to Landlord	$69.77

Claims and awards for application 5419550 — net $69.77 NZD. Verify on MoJ.

Water rates

Amount: $97.77
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $28.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Total award

Landlord $97.77 · Tenant $28.00

Net award

Landlord $69.77

Total payable by Tenant to Landlord

Landlord $69.77

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

The Tribunal orders suppression of the tenants name and identifying details.
The Bond Centre is to pay the bond of $3,600.00 ([Bond number suppressed]) immediately apportioned as follows: Focus Rental Limited As Agent For Qiwei Xu: $69.77 [The tenant/s]: $3,530.23

This tenancy commenced on 20 November 2024. It was a fixed-term tenancy for a period of two years. Tragically, one of the tenants, the mother-in-law of the remaining tenant and the mother of his wife, passed away during the tenancy.
The property was managed by Focus Rental Limited, who was aware of the situation. When the tenants requested early termination of the tenancy related to their bereavement, this was agreed to, as confirmed by an email dated 15 October 2025. The agent for Focus requested payment of an advertising fee, which the tenants agreed to. This is also recorded in the email correspondence.
The emails indicate that on 22 October 2025, one week later, the landlord instructed the property manager that he had changed his mind. This was on the basis that he did not consider that the surviving tenants wife, being a professional and a lawyer, could suffer financial hardship, and therefore he wished to enforce his rights under the fixed-term tenancy agreement. The tenants claim:
The tenants made an application seeking the return of their bond. The tenants also asked me to consider a claim for exemplary damages/compensation for breach of quiet enjoyment. This relates to the landlord conducting last-minute inspections in the final week of the tenancy, delays in reimbursing the installation of a mailbox, and the landlord’s pursuit of payment for unpaid water charges. The landlords claim:
On the day of the hearing, the Tribunal from the landlords documents indicating a claim. Typically, the Tribunal will consider only the claims properly before it, in this case, the tenants claims. However, the tenants have asked me to deal with the landlords claims and have waived their right to notice in order to bring this matter to a full conclusion.
The landlords documents were supplied to the tenants by the tribunal during the hearing.
The landlord confirmed the following claims: a) $1,028.00 for rent arrears to 17 November 2025 b) $97.77 for water charges for the period 1 October to 3 November c) $920.00 for a repair invoice

Are the tenants liable for rent arrears?

The first claim relates to rent arrears up to 17 November 2025, being the date on which the property was re-tenanted. I asked the landlord’s agent, and representatives of Focus Rentals, about this during the hearing regarding the email of the the 15 th of October indicating that the tenants were released. They confirmed that the landlord, through their agent, consented to the termination of the fixed term on the 10 th of but subsequently changed his mind.
Their position is that under a fixed term tenancy the exiting party remains liable until a new tenant is found.
The landlord’s position is correct in that, while a fixed-term tenancy is in place, both parties are bound by it until it ends. However, the parties are equally free to agree to terminate that tenancy early. When the property manager confirmed the landlord’s consent to end the tenancy on 15 October 2025, a binding agreement to terminate the tenancy was reached, and the tenancy came to an end in accordance with that agreement. The landlord’s rights under the tenancy agreement for the remainder of the fixed term concluded at that point.
It was not open to the landlord on 22 October 2025 to unilaterally withdraw that consent. This issue does not turn on the tenant’s personal circumstances. Rather, it reflects the legal position that the parties were free to come to a mutual agreement, and they did contract to terminate the tenancy early. At that point, the landlord’s rights in relation to the remainder of the fixed term ceased.
The claim for rent arrears relates to the period after the 10 th of November when the tenancy ended by consent.
The claim for rent arrears is therefore dismissed.

Are the tenants liable for the water invoice?

The tenants were provided with a copy of the unpaid water invoice during the hearing. They stated this was the first time it had been received. They reviewed this and accepted liability for the amount. Accordingly, this sum is awarded.

Are the tenants liable for the repair and cleaning invoice?

The damage evidence provided by the landlord consists largely of zoomed-in photographs of scuff marks. These are consistent with ordinary wear and tear. It is not clear whether all of these marks occurred during the tenancy, as the pre- tenancy inspection photographs are zoomed out, whereas the post-tenancy photographs are zoomed in.
In any event, it is to be expected that during the course of a tenancy, minor deterioration such as scuff marks will occur. This does not give rise to tenant liability. Such deterioration is inherent in normal use of the premises and is accounted for in the payment of rent.
The invoice also includes a component for cleaning. The landlord provided photographs showing what appears to be a plastic wrapper at the bottom of a rubbish bin, a small number of magnetic hooks left in the sink, and a minor scuff mark on the benchtop.
Section 40(1)(e)(iii) of the Residential Tenancies Act 1986 requires a tenant to leave the premises in a reasonably clean and tidy condition. It does not require perfection. The photos indicate the property was reasonably clean and tidy. The cleaning identified by the landlord could reasonably have been remedied by themselves with minimal effort and without incurring cost.
Further, the invoice is dated 13 October 2025, with a due date of 31 October 2025, which is prior to the tenancy ending. This raises doubt as to whether the costs were actually incurred in relation to the end of the tenancy.
For these

Reasons

, tenant liability is not established and the claim is dismissed. Exemplary damages and compensation for breach of quiet enjoyment

I am satisfied as to the tenants’ account of events and accept, on the balance of probabilities, that the landlord’s conduct was insensitive and unprofessional. In particular, comments suggesting that a legal professional could not experience financial hardship were inappropriate.
Furthermore the account of the inspections on the last week also were likely without correct notice however it is expected that especially in circumstances were a fixed term is terminated early that some flexibility is required on the part of the tenants. The landlord could have conducted this in a more considerate manner and there is no reason why proper notice could have still been provided.
However, for exemplary damages to be awarded for breach of quiet enjoyment, the conduct must amount to harassment, as provided under section 38(3). While the landlord’s conduct was unsatisfactory, I do not consider that it meets the threshold of harassment. Accordingly, exemplary damages are not available and this claim is dismissed. Filing fee and Suppression:
As the applicant has been substantially successful, the application filing fee is awarded.
This application was necessary as a result of the landlord’s conduct and these matters ought to have been resolved at an earlier stage. In light of the circumstances in which the tenancy came to an end, and the landlords conduct which necessitated the application, I consider it appropriate to grant suppression of the tenants’ names pursuant to section 95A(4) of the Residential Tenancies Act 1986.

Tenancy Tribunal case 5419550 — Tenancy dispute at 4A Todd Place, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5419550 — Tenancy dispute at 4A Todd Place, Otahuhu, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Are the tenants liable for rent arrears?

Are the tenants liable for the water invoice?

Are the tenants liable for the repair and cleaning invoice?

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Are the tenants liable for rent arrears?

Are the tenants liable for the water invoice?

Are the tenants liable for the repair and cleaning invoice?

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions