What was Tenancy Tribunal case 5431532 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 5431532?

Filing Fee: $28.00 awarded to landlord; Lawnmowing X 2: $506.00 awarded to landlord; Lease Break Fee: $1,725.00 awarded to landlord; Power Charges As At 30 March 2026: $404.45 awarded to landlord; Rent Arrears: $7,424.86 awarded to landlord

What type of tenancy dispute was case 5431532?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5431532?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13485305-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5431532 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 5431532?

Filing Fee: $28.00 awarded to landlord; Lawnmowing X 2: $506.00 awarded to landlord; Lease Break Fee: $1,725.00 awarded to landlord; Power Charges As At 30 March 2026: $404.45 awarded to landlord; Rent Arrears: $7,424.86 awarded to landlord

What type of tenancy dispute was case 5431532?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5431532?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13485305-Tribunal_Order_Redacted.pdf.

13A Elizabeth Street, Tuakau, Tuakau 2121 Tenancy Tribunal Case 5431532 — Rent arrears

Claims and awards in Tenancy Tribunal application 5431532 — net $7,488.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 30 March 2026	$7,424.86	Rent arrears as at 30 March 2026
Power charges as at 30 March 2026	$404.45	Power charges as at 30 March 2026
Lawnmowing x 2	$506.00	Lawnmowing x 2
Lease break fee	$1,725.00	Lease break fee
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,488.31
Total payable by Tenant to Landlord	$7,488.31

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord and Tenants’ names and identifying details.
[The tenant/s] must pay [The landlord/s] $7,488.31 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The application to reduce the fixed term tenancy is dismissed.

Reasons

All parties attended the hearing which was held by video conference.
The landlord and the tenants have each made a claim in the Tenancy Tribunal. I shall address each of the claims in turn. The tenants’ claim
The tenants have applied for reduction of the fixed-term tenancy which was due to end on 29 December 2026.
The background to this claim is that on 24 October 2025 the tenants signed a fixed term tenancy which was due to start on 29 December 2025 and to expire on 29 December 2026.
Prior to the tenancy starting, on 24 November 2025 the tenants advised the landlord that they would not be taking up the tenancy because one of the tenant’s partner was unable to get work in Tuakau and so would be remaining in Matamata. That tenant was therefore going to remain in Matamata. The remaining two tenants advised that they could not afford the rent with just two tenants.
The landlord advised the tenants of their obligations under the fixed term tenancy and the tenants subsequently made a claim in the Tribunal seeking a reduction of the fixed term.
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
I am dismissing the application for a reduction in the fixed term. This is because although I accept that the tenant’s partner could not find a job in Tuakau and for visa purposes that couple needed to live together, something happening to a person who is not a named tenant is not something that can be considered when considering whether to reduce a fixed term.
The obligation remains of on the tenants to abide by the obligations under the tenancy agreement until the expiry of the fixed term or until a new tenant is found, whichever is the earlier. The landlord’s claim Rent arrears
I accept the rent record which shows that as at 30 March 2026, $7242.86 was owing in rent arrears. The tenants are required to pay to that date because a new tenancy started on 1 April 2026. Power charges
Section 39(3) of the Residential Tenancies Act 1986 (RTA) provides that tenants are responsible for all outgoings in respect of premises that are exclusively attributable to their occupation of the premises or their use of the facilities.
I accept the landlord’s evidence that they had a ‘holding account’ for these premises which they needed to ensure that power was available.
As advised at today’s hearing, given that the tenants signed a fixed term tenancy, they are responsible for these kinds of outgoings, as if they were living at the premises.
I accept the evidence that from 29 December 2025 to 30 March 2026, power charges amounted to $404.45.
The tenants are required to pay this amount. Lease break fee
Tenants who break a fixed term tenancy early are required to pay the reasonable costs of finding a new tenant. Clause 57 of the tenancy agreement spells this out as did the landlord when she was advised that the tenants did not wish to take up the tenancy.
At today’s hearing the landlord went over the costs associated with finding a new tenant and I accept that the break lease fee charged to the tenants is reasonable.
They are required to pay the $1,745.00 as charged. Lawn mowing
The tenancy agreement provides that the tenants are liable for the lawn mowing.
I accept that they are therefore required to pay the cost of mowing the lawn during the 29 December 2025 – 30 March 2026 period.
The tenants mowed the lawn in February 2026 and they are required to pay the invoiced cost of mowing the lawn in January 2026 and March 2026 – a total of $506.00. Removal of smell
The landlord claims $299.00 as the cost of removing the smell in the premises because it had been shut up for three months.
I am dismissing this part of the landlord’s claim for reasons that include: (a) The landlord refused to allow the tenants to see the house when they asked to do so on 3 February 2026; and (b) Given that the tenants were required to pay rent for this period they were entitled to view the house; and (c) Had they been able to do so the property could have been aired.
I also note that the landlord advised that there were 15 viewings of these premises in the 3 month period that no one was living there. This means that there were 15 opportunities for this house to be aired. Filing fee reimbursement
The landlord was substantially successful with the claim against the tenants and so I am ordering the tenants to reimburse the filing fee to the landlord. Suppression of names
Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.
I am allowing the landlord’s application for suppression of their name and identifying details because the landlord was substantially successful with their claim – s95A(3).
I am also allowing the tenants’ application for suppression of their names and identifying details pursuant to s95A(1). This is because I accept that this is very likely a one-time situation for these tenants and that they are unlikely to breach their obligations in this way again. I do not consider it appropriate that they be penalised or in any way impeded in finding future tenancies.
I also note that the landlord supported the tenants’ application for suppression. C ter Haar 22 April 2026

Claims and awards in Tenancy Tribunal application 5431532 — net $7,488.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 30 March 2026	$7,424.86	Rent arrears as at 30 March 2026
Power charges as at 30 March 2026	$404.45	Power charges as at 30 March 2026
Lawnmowing x 2	$506.00	Lawnmowing x 2
Lease break fee	$1,725.00	Lease break fee
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,488.31
Total payable by Tenant to Landlord	$7,488.31

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord and Tenants’ names and identifying details.
[The tenant/s] must pay [The landlord/s] $7,488.31 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The application to reduce the fixed term tenancy is dismissed.

Reasons

All parties attended the hearing which was held by video conference.
The landlord and the tenants have each made a claim in the Tenancy Tribunal. I shall address each of the claims in turn. The tenants’ claim
The tenants have applied for reduction of the fixed-term tenancy which was due to end on 29 December 2026.
The background to this claim is that on 24 October 2025 the tenants signed a fixed term tenancy which was due to start on 29 December 2025 and to expire on 29 December 2026.
Prior to the tenancy starting, on 24 November 2025 the tenants advised the landlord that they would not be taking up the tenancy because one of the tenant’s partner was unable to get work in Tuakau and so would be remaining in Matamata. That tenant was therefore going to remain in Matamata. The remaining two tenants advised that they could not afford the rent with just two tenants.
The landlord advised the tenants of their obligations under the fixed term tenancy and the tenants subsequently made a claim in the Tribunal seeking a reduction of the fixed term.
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
I am dismissing the application for a reduction in the fixed term. This is because although I accept that the tenant’s partner could not find a job in Tuakau and for visa purposes that couple needed to live together, something happening to a person who is not a named tenant is not something that can be considered when considering whether to reduce a fixed term.
The obligation remains of on the tenants to abide by the obligations under the tenancy agreement until the expiry of the fixed term or until a new tenant is found, whichever is the earlier. The landlord’s claim Rent arrears
I accept the rent record which shows that as at 30 March 2026, $7242.86 was owing in rent arrears. The tenants are required to pay to that date because a new tenancy started on 1 April 2026. Power charges
Section 39(3) of the Residential Tenancies Act 1986 (RTA) provides that tenants are responsible for all outgoings in respect of premises that are exclusively attributable to their occupation of the premises or their use of the facilities.
I accept the landlord’s evidence that they had a ‘holding account’ for these premises which they needed to ensure that power was available.
As advised at today’s hearing, given that the tenants signed a fixed term tenancy, they are responsible for these kinds of outgoings, as if they were living at the premises.
I accept the evidence that from 29 December 2025 to 30 March 2026, power charges amounted to $404.45.
The tenants are required to pay this amount. Lease break fee
Tenants who break a fixed term tenancy early are required to pay the reasonable costs of finding a new tenant. Clause 57 of the tenancy agreement spells this out as did the landlord when she was advised that the tenants did not wish to take up the tenancy.
At today’s hearing the landlord went over the costs associated with finding a new tenant and I accept that the break lease fee charged to the tenants is reasonable.
They are required to pay the $1,745.00 as charged. Lawn mowing
The tenancy agreement provides that the tenants are liable for the lawn mowing.
I accept that they are therefore required to pay the cost of mowing the lawn during the 29 December 2025 – 30 March 2026 period.
The tenants mowed the lawn in February 2026 and they are required to pay the invoiced cost of mowing the lawn in January 2026 and March 2026 – a total of $506.00. Removal of smell
The landlord claims $299.00 as the cost of removing the smell in the premises because it had been shut up for three months.
I am dismissing this part of the landlord’s claim for reasons that include: (a) The landlord refused to allow the tenants to see the house when they asked to do so on 3 February 2026; and (b) Given that the tenants were required to pay rent for this period they were entitled to view the house; and (c) Had they been able to do so the property could have been aired.
I also note that the landlord advised that there were 15 viewings of these premises in the 3 month period that no one was living there. This means that there were 15 opportunities for this house to be aired. Filing fee reimbursement
The landlord was substantially successful with the claim against the tenants and so I am ordering the tenants to reimburse the filing fee to the landlord. Suppression of names
Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.
I am allowing the landlord’s application for suppression of their name and identifying details because the landlord was substantially successful with their claim – s95A(3).
I am also allowing the tenants’ application for suppression of their names and identifying details pursuant to s95A(1). This is because I accept that this is very likely a one-time situation for these tenants and that they are unlikely to breach their obligations in this way again. I do not consider it appropriate that they be penalised or in any way impeded in finding future tenancies.
I also note that the landlord supported the tenants’ application for suppression. C ter Haar 22 April 2026

Tenancy Tribunal case 5431532 — Rent arrears at 13A Elizabeth Street, Tuakau, Tuakau 2121

At a glance

Tenancy Tribunal case 5431532 — Rent arrears at 13A Elizabeth Street, Tuakau, Tuakau 2121

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