What was Tenancy Tribunal case 5427259 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay [The landlord/s] and Fast Co as

How much money was awarded in case 5427259?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,582.85 awarded to landlord

What type of tenancy dispute was case 5427259?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5427259?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13485730-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5427259 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay [The landlord/s] and Fast Co as

How much money was awarded in case 5427259?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,582.85 awarded to landlord

What type of tenancy dispute was case 5427259?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5427259?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13485730-Tenancy_Tribunal_Order.pdf.

6C Jern Place, Eastern Beach, Auckland 2012 Tenancy Tribunal Case 5427259 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5427259 — net $3,610.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,582.85	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,610.85
Bond	$4,180.00
Total payable by Tenant to Landlord	$3,610.85

[The tenant/s] and [The tenant/s] must pay [The landlord/s] and Fast Co as Trustees for The Green Family Trust $3610.85 from the bond, being rent arrears to 14 December 2025 and reimbursement of the filing fee, as calculated and set out below: .

The Bond Centre is to pay the bond of $4,180.00 (BN-00021641) immediately apportioned as follows: [The landlord/s] and Fast Co as Trustees for The Green Family Trust: $3,610.85 [The tenant/s] and [The tenant/s]: $569.15

Reasons

Both parties attended the hearing.

The tenants have applied for a refund of their full bond and reimbursement of the filing fee.

The landlord has applied for rent arrears, refund of the bond and reimbursement of the filing fee. Background:

This was a 12-month fixed term tenancy that commenced on 29 January 2025. The fixed term was due to terminate on 2 February 2026.

On 2 September 2025, the tenants contacted the landlord to advise that they wish to terminate the tenancy earlier than the fixed term. The tenants end date was to be 6 November 2025.

The tenants engaged in lengthy discussions with the landlord to come to a mutual agreement about the end date of the tenancy and the amount the tenants would need to pay. Terminating a fixed term tenancy:

A fixed term tenancy is an agreement that runs for a set period, and generally cannot be ended early by either party unless certain conditions are met. Under the Residential Tenancies Act 1986, a fixed term tenancy may only be terminated before the end date if: a. Both the landlord and the tenant agree in writing to end the tenancy early (mutual consent); or b. There are grounds for termination under the Act, such as a breach of the agreement or by order of the Tribunal.

If the tenant claims the tenancy ended by mutual consent, there must be clear evidence that both parties agreed to end the tenancy before the fixed term expired. If the landlord disputes that there was mutual consent, it is for the Tribunal to consider the evidence and decide whether a genuine agreement was reached. Mutual Consent to Terminate Fixed Term Tenancy

A fixed term tenancy can only be ended early if both the landlord and the tenant agree to do so. This agreement should be clear and preferably in writing, setting out the terms and conditions of the early termination.

In this case, while there were texts and emails discussing proposals, there is no clear evidence of a specific agreement between the parties to terminate the tenancy early, nor any agreed terms for ending the tenancy. Without a clear and mutual agreement, the Tribunal cannot find that the fixed term tenancy was ended by mutual consent. Standard of Proof

The standard of proof in the Tenancy Tribunal is the balance of probabilities. This means that, for a party to succeed in their claim, they must prove that it is more likely than not that their version of events is correct. In this case, the tenant must prove, on the balance of probabilities, that there was a clear and mutual agreement with the landlord to end the fixed term tenancy early. If the evidence does not reach this threshold, the claim cannot succeed.

Having reviewed the evidence submitted and considered the evidence at the hearing, I accept that there was an agreement that the tenants could leave the tenancy early, but I am not satisfied that there was a clear and mutual agreement as to the terms of the early termination.

When a tenant wishes to end a fixed term tenancy early, the general rule is that the tenant remains responsible for paying the rent until the end of the fixed term, or until a new tenant is found to take over the tenancy, whichever occurs first.

This means that unless the landlord and tenant have agreed otherwise, the tenant’s obligation to pay rent continues until the fixed term expires or the premises are re-let.

The property was re-tenanted on 15 December 2025. The tenants left the property on 6 November 2025. Therefore, the tenants owe the rent from 6 November to 14 December 2025, which is $5672.85.

The tenants paid the landlord $2090.00 on 18 November 2025. The tenants owe the landlord the sum of $3582.85 to the 14 th of December 2025. Rent arrears:

The landlord has provided rent records which prove the amount of $3582.85 owing to 14 December 2025. Suppression/Bond/Filing Fee:

Because [The landlord/s] and Fast Co as Trustees for The Green Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

The Bond Centre is to refund the bond to both parties as set out above in the order.

The tenants sought name suppression but as they have not been successful, I cannot suppress their names nor reimburse their filing fee.

Claims and awards in Tenancy Tribunal application 5427259 — net $3,610.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,582.85	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,610.85
Bond	$4,180.00
Total payable by Tenant to Landlord	$3,610.85

Order

[The tenant/s] and [The tenant/s] must pay [The landlord/s] and Fast Co as Trustees for The Green Family Trust $3610.85 from the bond, being rent arrears to 14 December 2025 and reimbursement of the filing fee, as calculated and set out below: .
The Bond Centre is to pay the bond of $4,180.00 (BN-00021641) immediately apportioned as follows: [The landlord/s] and Fast Co as Trustees for The Green Family Trust: $3,610.85 [The tenant/s] and [The tenant/s]: $569.15

Reasons

Both parties attended the hearing.
The tenants have applied for a refund of their full bond and reimbursement of the filing fee.
The landlord has applied for rent arrears, refund of the bond and reimbursement of the filing fee. Background:
This was a 12-month fixed term tenancy that commenced on 29 January 2025. The fixed term was due to terminate on 2 February 2026.
On 2 September 2025, the tenants contacted the landlord to advise that they wish to terminate the tenancy earlier than the fixed term. The tenants end date was to be 6 November 2025.
The tenants engaged in lengthy discussions with the landlord to come to a mutual agreement about the end date of the tenancy and the amount the tenants would need to pay. Terminating a fixed term tenancy:
A fixed term tenancy is an agreement that runs for a set period, and generally cannot be ended early by either party unless certain conditions are met. Under the Residential Tenancies Act 1986, a fixed term tenancy may only be terminated before the end date if: a. Both the landlord and the tenant agree in writing to end the tenancy early (mutual consent); or b. There are grounds for termination under the Act, such as a breach of the agreement or by order of the Tribunal.
If the tenant claims the tenancy ended by mutual consent, there must be clear evidence that both parties agreed to end the tenancy before the fixed term expired. If the landlord disputes that there was mutual consent, it is for the Tribunal to consider the evidence and decide whether a genuine agreement was reached. Mutual Consent to Terminate Fixed Term Tenancy
A fixed term tenancy can only be ended early if both the landlord and the tenant agree to do so. This agreement should be clear and preferably in writing, setting out the terms and conditions of the early termination.
In this case, while there were texts and emails discussing proposals, there is no clear evidence of a specific agreement between the parties to terminate the tenancy early, nor any agreed terms for ending the tenancy. Without a clear and mutual agreement, the Tribunal cannot find that the fixed term tenancy was ended by mutual consent. Standard of Proof
The standard of proof in the Tenancy Tribunal is the balance of probabilities. This means that, for a party to succeed in their claim, they must prove that it is more likely than not that their version of events is correct. In this case, the tenant must prove, on the balance of probabilities, that there was a clear and mutual agreement with the landlord to end the fixed term tenancy early. If the evidence does not reach this threshold, the claim cannot succeed.
Having reviewed the evidence submitted and considered the evidence at the hearing, I accept that there was an agreement that the tenants could leave the tenancy early, but I am not satisfied that there was a clear and mutual agreement as to the terms of the early termination.
When a tenant wishes to end a fixed term tenancy early, the general rule is that the tenant remains responsible for paying the rent until the end of the fixed term, or until a new tenant is found to take over the tenancy, whichever occurs first.
This means that unless the landlord and tenant have agreed otherwise, the tenant’s obligation to pay rent continues until the fixed term expires or the premises are re-let.
The property was re-tenanted on 15 December 2025. The tenants left the property on 6 November 2025. Therefore, the tenants owe the rent from 6 November to 14 December 2025, which is $5672.85.
The tenants paid the landlord $2090.00 on 18 November 2025. The tenants owe the landlord the sum of $3582.85 to the 14 th of December 2025. Rent arrears:
The landlord has provided rent records which prove the amount of $3582.85 owing to 14 December 2025. Suppression/Bond/Filing Fee:
Because [The landlord/s] and Fast Co as Trustees for The Green Family Trust has wholly succeeded with the claim I must reimburse the filing fee.
The Bond Centre is to refund the bond to both parties as set out above in the order.
The tenants sought name suppression but as they have not been successful, I cannot suppress their names nor reimburse their filing fee.

Tenancy Tribunal case 5427259 — Rent arrears at 6C Jern Place, Eastern Beach, Auckland 2012

At a glance

Tenancy Tribunal case 5427259 — Rent arrears at 6C Jern Place, Eastern Beach, Auckland 2012

At a glance

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Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions