What was the outcome of Tenancy Tribunal case 4705329?

The tribunal order states: Ngaire Theresa Collier must pay Barfoot & Thompson Limited - As Agent For

How much money was awarded in case 4705329?

Cleaning: $276.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $316.25 awarded to landlord; Property Damage: $242.00 awarded to landlord; Rent: $360.00 awarded to landlord; Rubbish Removal: $92.00 awarded to landlord; Water Charges To End Of Tenancy: $461.78 awarded to landlord

What type of tenancy dispute was case 4705329?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4705329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9877177-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4705329?

The tribunal order states: Ngaire Theresa Collier must pay Barfoot & Thompson Limited - As Agent For

How much money was awarded in case 4705329?

Cleaning: $276.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $316.25 awarded to landlord; Property Damage: $242.00 awarded to landlord; Rent: $360.00 awarded to landlord; Rubbish Removal: $92.00 awarded to landlord; Water Charges To End Of Tenancy: $461.78 awarded to landlord

What type of tenancy dispute was case 4705329?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4705329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9877177-Tenancy_Tribunal_Order.pdf.

64 Malaspina Place, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4705329 — Property damage

Claims and awards in Tenancy Tribunal application 4705329 — net $1,768.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 1 November 2023	$360.00	Rent to 1 November 2023
Lock/key replacement	$242.00	Lock/key replacement
Rubbish removal	$92.00	Rubbish removal
Cleaning	$276.00	Cleaning
Water charges to end of tenancy	$461.78	Water charges to end of tenancy
Light bulbs/batteries	$316.25	Light bulbs/batteries
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,768.47
Total payable by Tenant to Landlord	$1,768.47

Order

Ngaire Theresa Collier must pay Barfoot & Thompson Limited - As Agent For Carol Barrett $1,768.47 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing on 24 January 2024.
The landlord applied for rent arrears, outgoings, and compensation following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 1 November 2023. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy.
The bond of $1,440.00 was applied to the rent arrears, leaving an outstanding balance of $360.00.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy, the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. The tenant must also replace standard light bulbs (section 40 of the Residential Tenancies Act 1986 (the Act)).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was a need for some cleaning in the bathroom and kitchen and some carpet stains in bedroom 1. There were some boxes left in storage and items in a kitchen cupboard. The amounts claimed reflect the modest nature of the work required to remedy the breach.
The tenant did not return the keys. The locks had to be changed to secure the premises.
The landlord had to replace light bulbs.

Is the tenant responsible for the break lease expenses?

The landlord claimed $756.50 plus GST for break lease expenses such as advertising, attending viewings, credit checks and administration.
The tenancy was for a fixed term from 3 November 2022 to 1 November 2023: • On 27 August 2023 the tenant said she would not be extending her contract when it came to an end. On 28 August 2023 the landlord confirmed that the tenant was ending her tenancy and vacating on 1 November 2023. • On 4 October 2023 the tenant advised that she had lost her job and had to vacate immediately. She said she would hand the keys back the following day. In the event, the keys were not returned.
Section 44 of the Act provides that a tenant cannot sublet or part with possession of premises during the tenancy without the landlord’s consent.
Section 44A of the Act provides that a landlord who consents to an assignment, subletting or parting with possession is entitled to recover any expenses reasonably incurred by the landlord.
Section 60A of the Act provides that a fixed term tenancy continues on expiry as a periodic tenancy unless, inter alia, at least 28 days before the expiry, the tenant gives the landlord written notice of the tenant’s intention not to continue with the tenancy (section 60A(2)(c)).
The landlord’s submission was that the tenant cannot break the lease or vacate without the consent of the owner, and if the owner gives consent, the tenant must pay a break fee. It was further submitted that the tenant had not given 28 days’ notice prior to the end of the fixed term.
Section 44A of the Act applies where the landlord has consented to an assignment, subletting, or parting with possession. In other words, where the tenant is asking to be released from contractual liability. Section 44A enables a landlord to recover expenses when the landlord consents to the tenant parting with possession prior to expiry of the fixed term. The section is typically applied to compensate the landlord for the cost of finding and advertising for new tenants when the tenant asks to “break” a fixed term tenancy. In those circumstances, the unexpected and additional administrative expense would otherwise deprive the landlord of part of their contractual bargain.
Section 44A does not apply when the tenant has given notice, pursuant to section 60A of the Act, that the tenancy will not continue as a periodic tenancy. In that situation, there is no additional administrative expense imposed on the landlord, and no requirement to obtain the landlord’s consent. The tenant is not asking to be released from liability prior to expiry of the fixed term. Rather, the tenant is exercising her statutory rights.
The landlord was concerned that the tenant had given notice but then left abruptly before the end of the tenancy.
The tenant could be said to have parted with possession when she vacated. A tenant does not part with possession simply because they temporarily leave the property for some period, for example, to go on holiday. Admittedly, in this case the tenant left permanently. I am not satisfied that she parted with possession (or, for that matter, that the landlord consented to this). The tenant did not exclude herself from the premises or allow someone else to live there in her place. Until the fixed term expired, she remained the tenant and was entitled to possession. The landlord could not have objected if she had returned to the premises prior to 1 November 2023.
A tenant abandons a tenancy when the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord (section 61 of the Act). The tenancy can be terminated by the Tribunal if the rent is in arrears, and exemplary damages may be awarded. But the concept of abandonment needs to be kept distinct from situations where the tenant has exercised a right to determine the tenancy.
In my view, there was no abandonment. The tenant notified the landlord that the tenancy would not continue beyond expiry of the fixed term. Both parties knew the tenancy would end on 1 November 2023. The tenant then physically left about 4 weeks before the end of the tenancy. In my opinion, she was not obliged to continue living there until the tenancy ended. Almost invariably, a tenant does not abandon or part with possession if they leave after exercising a statutory right not to continue the tenancy on expiry of the fixed term. The same logic must apply to a tenant who gives notice of termination pursuant to sections 51(2B) or 60A(3) and (4) of the Act. A tenant who gave 28 days’ notice of termination, and then vacated the following day, would be surprised to be told they had abandoned or parted with possession without consent.
For these reasons, I decline to award the claimed break fee expenses. Filing fee
The landlord’s application has substantially succeeded. I award the filing fee.

Claims and awards in Tenancy Tribunal application 4705329 — net $1,768.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 1 November 2023	$360.00	Rent to 1 November 2023
Lock/key replacement	$242.00	Lock/key replacement
Rubbish removal	$92.00	Rubbish removal
Cleaning	$276.00	Cleaning
Water charges to end of tenancy	$461.78	Water charges to end of tenancy
Light bulbs/batteries	$316.25	Light bulbs/batteries
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,768.47
Total payable by Tenant to Landlord	$1,768.47

Order

Ngaire Theresa Collier must pay Barfoot & Thompson Limited - As Agent For Carol Barrett $1,768.47 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing on 24 January 2024.
The landlord applied for rent arrears, outgoings, and compensation following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 1 November 2023. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy.
The bond of $1,440.00 was applied to the rent arrears, leaving an outstanding balance of $360.00.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy, the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. The tenant must also replace standard light bulbs (section 40 of the Residential Tenancies Act 1986 (the Act)).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was a need for some cleaning in the bathroom and kitchen and some carpet stains in bedroom 1. There were some boxes left in storage and items in a kitchen cupboard. The amounts claimed reflect the modest nature of the work required to remedy the breach.
The tenant did not return the keys. The locks had to be changed to secure the premises.
The landlord had to replace light bulbs.

Is the tenant responsible for the break lease expenses?

The landlord claimed $756.50 plus GST for break lease expenses such as advertising, attending viewings, credit checks and administration.
The tenancy was for a fixed term from 3 November 2022 to 1 November 2023: • On 27 August 2023 the tenant said she would not be extending her contract when it came to an end. On 28 August 2023 the landlord confirmed that the tenant was ending her tenancy and vacating on 1 November 2023. • On 4 October 2023 the tenant advised that she had lost her job and had to vacate immediately. She said she would hand the keys back the following day. In the event, the keys were not returned.
Section 44 of the Act provides that a tenant cannot sublet or part with possession of premises during the tenancy without the landlord’s consent.
Section 44A of the Act provides that a landlord who consents to an assignment, subletting or parting with possession is entitled to recover any expenses reasonably incurred by the landlord.
Section 60A of the Act provides that a fixed term tenancy continues on expiry as a periodic tenancy unless, inter alia, at least 28 days before the expiry, the tenant gives the landlord written notice of the tenant’s intention not to continue with the tenancy (section 60A(2)(c)).
The landlord’s submission was that the tenant cannot break the lease or vacate without the consent of the owner, and if the owner gives consent, the tenant must pay a break fee. It was further submitted that the tenant had not given 28 days’ notice prior to the end of the fixed term.
Section 44A of the Act applies where the landlord has consented to an assignment, subletting, or parting with possession. In other words, where the tenant is asking to be released from contractual liability. Section 44A enables a landlord to recover expenses when the landlord consents to the tenant parting with possession prior to expiry of the fixed term. The section is typically applied to compensate the landlord for the cost of finding and advertising for new tenants when the tenant asks to “break” a fixed term tenancy. In those circumstances, the unexpected and additional administrative expense would otherwise deprive the landlord of part of their contractual bargain.
Section 44A does not apply when the tenant has given notice, pursuant to section 60A of the Act, that the tenancy will not continue as a periodic tenancy. In that situation, there is no additional administrative expense imposed on the landlord, and no requirement to obtain the landlord’s consent. The tenant is not asking to be released from liability prior to expiry of the fixed term. Rather, the tenant is exercising her statutory rights.
The landlord was concerned that the tenant had given notice but then left abruptly before the end of the tenancy.
The tenant could be said to have parted with possession when she vacated. A tenant does not part with possession simply because they temporarily leave the property for some period, for example, to go on holiday. Admittedly, in this case the tenant left permanently. I am not satisfied that she parted with possession (or, for that matter, that the landlord consented to this). The tenant did not exclude herself from the premises or allow someone else to live there in her place. Until the fixed term expired, she remained the tenant and was entitled to possession. The landlord could not have objected if she had returned to the premises prior to 1 November 2023.
A tenant abandons a tenancy when the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord (section 61 of the Act). The tenancy can be terminated by the Tribunal if the rent is in arrears, and exemplary damages may be awarded. But the concept of abandonment needs to be kept distinct from situations where the tenant has exercised a right to determine the tenancy.
In my view, there was no abandonment. The tenant notified the landlord that the tenancy would not continue beyond expiry of the fixed term. Both parties knew the tenancy would end on 1 November 2023. The tenant then physically left about 4 weeks before the end of the tenancy. In my opinion, she was not obliged to continue living there until the tenancy ended. Almost invariably, a tenant does not abandon or part with possession if they leave after exercising a statutory right not to continue the tenancy on expiry of the fixed term. The same logic must apply to a tenant who gives notice of termination pursuant to sections 51(2B) or 60A(3) and (4) of the Act. A tenant who gave 28 days’ notice of termination, and then vacated the following day, would be surprised to be told they had abandoned or parted with possession without consent.
For these reasons, I decline to award the claimed break fee expenses. Filing fee
The landlord’s application has substantially succeeded. I award the filing fee.

Tenancy Tribunal case 4705329 — Property damage at 64 Malaspina Place, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4705329 — Property damage at 64 Malaspina Place, Papatoetoe, Auckland 2025

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the break lease expenses?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the break lease expenses?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions