Published tribunal order
Tenancy Tribunal case 5421974 — Cleanliness at Unit/Flat 1G, 16 The Terrace, Wellington Central, Wellington
Published 15 April 2026 · Application 5421974
Landlord favoured
- Cleanliness
Order
- Deborah Hamer and Stuart David Hamer must pay Kech Property Management Limited t/a Quinovic Property Management as Agent for S Keaney Trust $1,794.92 immediately, as follows:
Reasons
- Both parties attended the hearing which was held by teleconference. Background
- The aprties entered into a tenancy agreement for an initial term from 22 January 2024 to 21 January 2025. The term was later extended to 21 January 2026.
- Due to a change in family circumstances, the tenants needed to relocate to Australia. They approached the landlord about ending the fixed term early and a break lease agreement was signed on 1 May 2025.
- That agreement was in usual form, providing that the tenants’ obligations included, “.....rent payment and keeping the property reasonably clean and tidy are still a requirement until agreement is reached and the new tenancy starts.
- There were delays in finding a new tenant.
- On 10 July 2025 the landlord wrote to the tenants” “Our manager and I have had further conversations with the owner and due to the current market which is very slow and due to the change in your circumstances we would like to make the following offer. Reduction of your rent to $100.00pw until either a tenant is found or the tenancy end date of 21 January 2025. As well sign over any bond to cover loss of rent to the owner.”
- The tenants confirmed acceptance of that offer and from the rent payment due on 14 July, began paying $100.00 per week, It is not disputed that arrears of $1,300.00 were owed at that point.
- Those weekly $100.00 payments (with some weeks missed) continued up to 5 January 2026. A total of $1300.00 was paid.
- The $2600.00 bond was paid to the landlord on 3 September 2025.
- A new tenancy was put in place from 4 October 2025 at a rent of $550.00 per week.
- On 13 October 2025 the landlord wrote to the tenants, “This means your payments of $650.00 per week stop on the 3rd October 2025 but will be replaced with a rent requirement of $100.00 per week until 21/1/26. This is the difference between your agreed rental rate and the rent being paid by the replacement tenant until your tenancy would have otherwise ended.” The Issue
- The tenants claims that the agreement with the landlord meant they were only required to pay $100.00 per week from 14 July 2025 until the new tenancy started.
- The landlord says that the offer was just to take the immediate financial pressure off the tenants, who are still liable to make up the rent lost by their having ended the tenancy early.
- The landlord says that it would not make sense for the landlord to have entered into an agreement on the terms suggested by the tenants.
- The Tribunal cannot make assumptions about why parties may or may not have entered into any agreement. It must interpret the agreement on its face. Tenants cannot contract out of their legal entitlements. Landlords can. 1
- The landlord is correct in saying that the tenants would ordinarily be liable to pay rent until a new tenancy began and, if they agreed, to pay any difference in rent between the rent payable under their agreement and the rent payable under a replacement tenancy, to the end of the fixed term.
- However, the terms of the landlord’s offer are clear: a. the rent (not the rate of payment of the rent) would “reduce to” $100.00 per week; b. that rent would be payable until a new tenancy was entered into; c. the bond would be signed over, “to cover any loss of rent to the owner.”
- The offer was accepted. Immediate payment of the bond to the landlord provided consideration for the agreement and the Tribunal should not retrospectively assess the adequacy of that consideration.
- For those reasons I find that the landlord is bound by the offer that as made and accepted, on its terms given their ordinary meaning.
- The tenants therefore owe the landlord in rent: a. $1,300.00 - the arrears owed when the agreement was made; plus b. $1,200.00 - rent at $100.00 per week from 14 July 2025 to 5 October 2025 per the agreement; less c. $1,300.00 - payments made after 14 July 2026.
- The bond is not taken into consideration as that was paid to the landlord by agreement to “cover any loss of rent”.
- There is no dispute that the tenants should compensate the landlord for the break expenses, and cleaning of the oven at the premises. 1 See s.11(2) and (3) RTA
- No Order is made about the filing fee. The tenants have had claims upheld but the end result is a debt due by them to the landlord.