Published tribunal order
Tenancy Tribunal case 5439546 — Property damage at 86 Tahere Road, Totara Park, Auckland 2019
Decided 23 Jun 2026 · Published 23 Jun 2026 · Application 5439546
- Property damage
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s and Landlord’s names and identifying details.
- The term of the fixed-term tenancy of [The tenant/s] at 86 Tahere Road, Totara Park, Auckland 2019 is reduced and ended on 18 th December 2025. The tenants are not liable for any further rent beyond the 18 th of December 2025.
- [The tenant/s] must pay [The landlord/s] $775.50 from the bond for damage to the door, as set out below:
- The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $747.50 [The tenant/s]: $2,052.50
Reasons
- Both parties attended the hearing.
- This was a landlord application and a tenant cross application.
- The landlord is seeking to claim rent arrears to 20 January 2026 and repairs for damage to doors, refund of the bond, reimbursement of the filing fee and name suppression.
- The tenants seek a declaration that the firm term tenancy was terminated by mutual consent with the end date of 18 th December 2025. They seek no further rent obligations beyond 18 th December 2025, refund of their bond, reimbursement of the filing fee and suppression of their names. Background:
- The tenancy commenced on 14 March 2025 and was for a 12-month fixed term. In November 2025, the tenants communicated with the property manager explaining that their family was experiencing extreme pressure and hardship due to the illness of their young child. The tenants sought an early release of the fixed term tenancy to enable them to move to their family home to get support and help with their unwell child.
- The property manager was sympathetic to the tenant’s situation and sought to help them with an early termination of the tenancy. On 27 November 2025, the property manager emailed the tenants asking for confirmation that the last day of the tenancy would be 18 th December 2025. The tenants confirmed the date and stated that their final rent payment would be on the 11 th of December 2025. The property manager thanked the tenants for confirming the last day of the tenancy would be 18 th December 2025 and added that generally early termination of a fixed term tenancy would normally incur a break lease fee but that would be waived given their circumstances. The property manager said they would be responsible for the advertising costs of $380.00 plus GST.
- The advertising costs were paid. On 1 December 2025, the tenants were in contact with [The relieving property manager] for [The property management company]. [The relieving property manager] advised the tenants that as they had a fixed term tenancy, which was not due to expire until March 2026, that they would have to pay a break lease fee and rent until a new tenant is found or the end of the actual fixed term, which ever was first.
- The tenants were distressed and said that is contrary to the agreement they had with the property manager, which they had relied upon. [The relieving property manager] spoke to the owner who agreed to release the tenants from the fixed term tenancy and any ongoing rent obligations from 20 th January 2026.
- The tenants seek the end of the tenancy to be the 18 th of December 2025 as they say was agreed to by the property manager. Burden and standard of proof
- The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
- With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
- That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
- This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
- As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant 3 to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence. Terminating Fixed Term Tenancies:
- A fixed term tenancy can only be terminated early in specific ways set out in the Residential Tenancies Act 1986. The main ways are: a. By Mutual Agreement Both the landlord and tenant can agree in writing to end the tenancy early. b. By Order of the Tenancy Tribunal Hardship: Under section 56A, the Tribunal can terminate a fixed term tenancy if it is satisfied that the applicant (tenant or landlord) would suffer greater hardship by continuing the tenancy than the other party would suffer if it were terminated. Other Grounds: The Tribunal can also terminate a fixed term tenancy early for other reasons, such as: -Serious breach of the agreement by either party (e.g., significant rent arrears, serious damage, or illegal activity). -The premises are uninhabitable (section 59). -The premises are destroyed or so seriously damaged as to be uninhabitable (section 60). c. By Withdrawal Due to Family Violence -A tenant can withdraw from a tenancy with at least 2 days’ written notice if they have been subjected to family violence, provided they supply qualifying evidence. (See the Residential Tenancies Act and supporting regulations.) d. By Notice in Special Circumstances -In some rare cases, such as the death of a sole tenant (section 50A), the tenancy can be terminated early. e. Assignment (With Landlord’s Consent) -The tenant may assign the tenancy to another person with the landlord’s consent if the agreement allows for assignment.
- For completeness, a fixed term tenancy can only be terminated early by mutual agreement, by order of the Tribunal (for example, on grounds of hardship or serious breach), by withdrawal due to family violence, or in certain special circumstances set out in the Residential Tenancies Act 1986. Otherwise, both parties are generally bound by the fixed term. Assessment of the evidence:
- In this case I find the landlord’s email clearly states that the tenancy would end on 18 December 2025, that the usual break lease fee would be waived, and that the only cost to the tenants would be the advertising fee.
- There is no mention of any further obligation to pay rent or other costs. On the balance of probabilities, I am satisfied that the landlord agreed to release the tenants from the fixed term as of 18 December 2025, with the only ongoing obligation being the advertising cost.
- The property manager stated in the hearing that there was a miscommunication and misunderstanding by the tenants as to the landlord’s email communication about releasing them early from the fixed term tenancy.
- However, the tenants had already received and relied on the landlord’s clear written statement. The landlord had not clarified until four days later that there was a misunderstanding. In these circumstances it is reasonable to find that the tenants were entitled to rely on the landlord’s original email.
- The landlord’s statement/email of 27 November 2025 is sufficiently clear to amount to a mutual agreement to release the tenants from the fixed term as of 18 December 2025, with the only additional obligation being the advertising cost, which the tenants paid.
- On the balance of probabilities, I am satisfied that the parties agreed to end the tenancy as of 18 December 2025, with the only ongoing obligation being the advertising cost. Landlord’s claims:
- Given that I have found that the tenancy terminated on 18 th December 2025, the landlord claim for rent arrears must fail.
- The tenants do not oppose the invoice for $747.50 for the repairs to the doors. I am awarding the cost of the repairs to the landlord.
- As both parties have been successful, I am not awarding either party the filing fee.
- The bond will be split between the two parties as set out in paragraph 3 of the Order. Bond/Suppression:
- I grant name suppression for both the tenants and the landlord. While the landlord has been partially successful in this application, the tenants’ personal family issues are private and do not warrant publication. In these circumstances, I am satisfied that it is appropriate to suppress the names and identifying details of both parties.
- The Bond Centre is to split the bond as set out paragraph 3 of the Order.