What was Tenancy Tribunal case 5430231 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 5430231?

Break Lease Fee: $891.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $8,892.86 awarded to landlord

What type of tenancy dispute was case 5430231?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5430231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13632580-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5430231 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 5430231?

Break Lease Fee: $891.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $8,892.86 awarded to landlord

What type of tenancy dispute was case 5430231?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5430231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13632580-Tribunal_Order_Redacted.pdf.

425F Great South Road, Opaheke, Papakura 2113 Tenancy Tribunal Case 5430231 — Rent arrears

Claims and awards in Tenancy Tribunal application 5430231 — net $9,812.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears until 8/4/26	$8,892.86	Rent arrears until 8/4/26
Filing fee reimbursement	$28.00	Filing fee reimbursement
Break lease fee	$891.25	Break lease fee
Net award	$9,812.11
Total payable by Tenant to Landlord	$9,812.11

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Ketan Rana, Navreet Navreet Kaur and Ammy Singh must pay [The landlord/s] $9,812.11 immediately, being rent arrears to 8 April 2026, break lease fee and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears until 8/4/26$8,892.86 Filing fee reimbursement$28.00 Break lease fee$891.25 Total award$9,812.11 Total payable by Tenant to Landlord$9,812.11
The tenant’s application for refund of their bond is dismissed.

Reasons

Both parties attended the hearing. Background:
The tenants entered into a 12 month fixed term tenancy that was to commence on 9 January 2026. The tenants paid the one weeks rent in advance and had expected the bond from their previous tenancy to be transferred to this new tenancy.
The transfer of the bond did not take place and remains at the bond centre under the previous tenancy at 16 Figaro Crescent Takanini.
Only one tenant had viewed the property before all the tenants signed up for the fixed term tenancy.
On 9 January 2026, the tenants turned up at the property with their possessions. The tenants claim that the property was unsanitary and not reasonable clean. The lawns had not been mown for a few weeks and were overgrown. The landlord advised the tenants and the Tribunal that the lawns would be mowed on Monday (11 th January 2026). There had been bad weather and the lawn mowing contractor said it was too wet to mow before the start of the tenancy.
The tenants say there were cockroaches visible at the property and the floor was sticky, in addition to the long grass.
The tenants left the property without moving in. One tenant tried to contact the property manager but claimed that the call was not answered.
On the Monday after hearing the tenants’ complaints, the lawns were mowed, pest control had been and treated the property, and the cleaning contractor had been through the property again.
Despite remedying all the alleged complaints, the tenants did not return to the property.
The landlord stated at the hearing that the real reason the tenancy did not commence was the other tenants were unhappy with the long driveway and their claim that the property was dirty and infested, was just an excuse.
The tenants found a new property that week and sought to claim back their bond and one weeks rent in advance.
The landlord advised the tenants immediately that they would have to pay rent until a new tenant could be found and the cost of breaking the lease fees. A new tenant was found and moved in on 9 April 2026. Tenant’s Right to Terminate for Minor Issues
A tenant cannot lawfully end a fixed-term tenancy simply because of minor issues such as the property not being clean enough, lawns not being mowed, or the presence of insects, unless these issues are so serious that the premises are uninhabitable or there is a significant breach of the landlord’s obligations under the Act.
Section 59 of the Residential Tenancies Act 1986 allows a tenant to apply to the Tribunal to terminate a tenancy if the premises are so seriously damaged or uninhabitable that it would be unreasonable to require the tenant to continue with the tenancy. However, minor cleanliness or maintenance issues, especially when promptly remedied by the landlord, do not meet this threshold.
In this case, the landlord responded promptly to the tenant’s complaints by arranging for the lawns to be mowed and pest control to be carried out, and a contractor found the property to be clean. These actions indicate that any issues were either minor or quickly remedied. Landlord’s Entitlement to Rent Arrears
If the tenants chose not to move in and did not follow the correct process to end the tenancy (such as applying to the Tribunal for termination under section 59 or negotiating a surrender with the landlord), the fixed-term tenancy remains in effect.
The landlord is entitled to claim rent for the period the property was held for the tenants, even if the tenants did not move in. The tenants remain liable for rent until the end of the fixed term or until a new tenant is found unless the Tribunal orders otherwise.
The new tenant took possession of the tenancy on 9 April 2026. The landlord has provided a rent summary that proves the rent arrears of $8892.86 to 8 April 2026.
The first weeks rent of $750.00 has been deducted from the outstanding rent arrears. Break lease fees:
A tenant is not liable for a “break lease fee” as a set charge. However, if a tenant ends a fixed-term tenancy early, they may be liable for rent until a new tenant is found or the term expires, and for any reasonable, itemised costs the landlord incurs in re-letting the property.
The landlord has provided an itemised account of these costs to the tenants and the Tribunal. The break lease fees of $891.25 are claimed by the landlord. After viewing the itemised costs, I considered they are fair and reasonable.
I find the landlord has proven their claim for the break lease fees. Bond
Where a tenant moves to a new tenancy and the bond from the previous tenancy is not transferred to the new address, the bond remains associated with the old tenancy at the Bond Centre.
The landlord and tenant are responsible for ensuring that the bond is transferred to the correct tenancy. This is usually done by submitting a “Change of Bond” form to Tenancy Services, signed by both parties.
The bond paid by the tenants remains lodged with the Bond Centre under the address of the previous tenancy. As the bond was not transferred to the current tenancy, it cannot be used to settle any claims relating to the current tenancy.
The parties will have to contact the Bond Centre to seek a refund of the bond to the landlord to offset the debt owed by the tenants.
The tenants claim for refund of their bond and first weeks rent in advance must be dismissed given the proven landlord claims. Filing Fee and Suppression:
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has applied for suppression of their name and details and as they have been successful, I am granting suppression.

Claims and awards in Tenancy Tribunal application 5430231 — net $9,812.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears until 8/4/26	$8,892.86	Rent arrears until 8/4/26
Filing fee reimbursement	$28.00	Filing fee reimbursement
Break lease fee	$891.25	Break lease fee
Net award	$9,812.11
Total payable by Tenant to Landlord	$9,812.11

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Ketan Rana, Navreet Navreet Kaur and Ammy Singh must pay [The landlord/s] $9,812.11 immediately, being rent arrears to 8 April 2026, break lease fee and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears until 8/4/26$8,892.86 Filing fee reimbursement$28.00 Break lease fee$891.25 Total award$9,812.11 Total payable by Tenant to Landlord$9,812.11
The tenant’s application for refund of their bond is dismissed.

Reasons

Both parties attended the hearing. Background:
The tenants entered into a 12 month fixed term tenancy that was to commence on 9 January 2026. The tenants paid the one weeks rent in advance and had expected the bond from their previous tenancy to be transferred to this new tenancy.
The transfer of the bond did not take place and remains at the bond centre under the previous tenancy at 16 Figaro Crescent Takanini.
Only one tenant had viewed the property before all the tenants signed up for the fixed term tenancy.
On 9 January 2026, the tenants turned up at the property with their possessions. The tenants claim that the property was unsanitary and not reasonable clean. The lawns had not been mown for a few weeks and were overgrown. The landlord advised the tenants and the Tribunal that the lawns would be mowed on Monday (11 th January 2026). There had been bad weather and the lawn mowing contractor said it was too wet to mow before the start of the tenancy.
The tenants say there were cockroaches visible at the property and the floor was sticky, in addition to the long grass.
The tenants left the property without moving in. One tenant tried to contact the property manager but claimed that the call was not answered.
On the Monday after hearing the tenants’ complaints, the lawns were mowed, pest control had been and treated the property, and the cleaning contractor had been through the property again.
Despite remedying all the alleged complaints, the tenants did not return to the property.
The landlord stated at the hearing that the real reason the tenancy did not commence was the other tenants were unhappy with the long driveway and their claim that the property was dirty and infested, was just an excuse.
The tenants found a new property that week and sought to claim back their bond and one weeks rent in advance.
The landlord advised the tenants immediately that they would have to pay rent until a new tenant could be found and the cost of breaking the lease fees. A new tenant was found and moved in on 9 April 2026. Tenant’s Right to Terminate for Minor Issues
A tenant cannot lawfully end a fixed-term tenancy simply because of minor issues such as the property not being clean enough, lawns not being mowed, or the presence of insects, unless these issues are so serious that the premises are uninhabitable or there is a significant breach of the landlord’s obligations under the Act.
Section 59 of the Residential Tenancies Act 1986 allows a tenant to apply to the Tribunal to terminate a tenancy if the premises are so seriously damaged or uninhabitable that it would be unreasonable to require the tenant to continue with the tenancy. However, minor cleanliness or maintenance issues, especially when promptly remedied by the landlord, do not meet this threshold.
In this case, the landlord responded promptly to the tenant’s complaints by arranging for the lawns to be mowed and pest control to be carried out, and a contractor found the property to be clean. These actions indicate that any issues were either minor or quickly remedied. Landlord’s Entitlement to Rent Arrears
If the tenants chose not to move in and did not follow the correct process to end the tenancy (such as applying to the Tribunal for termination under section 59 or negotiating a surrender with the landlord), the fixed-term tenancy remains in effect.
The landlord is entitled to claim rent for the period the property was held for the tenants, even if the tenants did not move in. The tenants remain liable for rent until the end of the fixed term or until a new tenant is found unless the Tribunal orders otherwise.
The new tenant took possession of the tenancy on 9 April 2026. The landlord has provided a rent summary that proves the rent arrears of $8892.86 to 8 April 2026.
The first weeks rent of $750.00 has been deducted from the outstanding rent arrears. Break lease fees:
A tenant is not liable for a “break lease fee” as a set charge. However, if a tenant ends a fixed-term tenancy early, they may be liable for rent until a new tenant is found or the term expires, and for any reasonable, itemised costs the landlord incurs in re-letting the property.
The landlord has provided an itemised account of these costs to the tenants and the Tribunal. The break lease fees of $891.25 are claimed by the landlord. After viewing the itemised costs, I considered they are fair and reasonable.
I find the landlord has proven their claim for the break lease fees. Bond
Where a tenant moves to a new tenancy and the bond from the previous tenancy is not transferred to the new address, the bond remains associated with the old tenancy at the Bond Centre.
The landlord and tenant are responsible for ensuring that the bond is transferred to the correct tenancy. This is usually done by submitting a “Change of Bond” form to Tenancy Services, signed by both parties.
The bond paid by the tenants remains lodged with the Bond Centre under the address of the previous tenancy. As the bond was not transferred to the current tenancy, it cannot be used to settle any claims relating to the current tenancy.
The parties will have to contact the Bond Centre to seek a refund of the bond to the landlord to offset the debt owed by the tenants.
The tenants claim for refund of their bond and first weeks rent in advance must be dismissed given the proven landlord claims. Filing Fee and Suppression:
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has applied for suppression of their name and details and as they have been successful, I am granting suppression.

Tenancy Tribunal case 5430231 — Rent arrears at 425F Great South Road, Opaheke, Papakura 2113

At a glance

Tenancy Tribunal case 5430231 — Rent arrears at 425F Great South Road, Opaheke, Papakura 2113

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions