What was the outcome of Tenancy Tribunal case 5105626?

The tribunal order states: Shivneel Sivan and Aaria Toki must pay Taylor Property Services Limited

How much money was awarded in case 5105626?

Break Lease Costs: $741.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,658.57 awarded to landlord

What type of tenancy dispute was case 5105626?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5105626?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11767625-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5105626?

The tribunal order states: Shivneel Sivan and Aaria Toki must pay Taylor Property Services Limited

How much money was awarded in case 5105626?

Break Lease Costs: $741.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,658.57 awarded to landlord

What type of tenancy dispute was case 5105626?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5105626?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11767625-Tenancy_Tribunal_Order.pdf.

12 Hauiti Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5105626 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5105626 — net $946.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,658.57	Rent arrears
Break lease costs	$741.25	Break lease costs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$946.82
Total payable by Tenant to Landlord	$946.82

Both parties attended the video hearing on 29 April 2025.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The facts of this matter are not subject to dispute between the parties.

This was a fixed term tenancy due to end on 29 March 2026. Sadly, the tenant’s father died very early in the tenancy. The tenant felt a strong family obligation to return to live with his mother.

On 11 November 2024, the tenants contacted the landlord and asked to be released from the fixed term tenancy. The landlord made it clear to the tenant that the fixed term tenancy would remain in place until such time as new tenants were found. This included the tenants’ obligation to pay rent until that time.

Initially, the tenant suggested that his sister might be prepared to take over the tenancy and this was investigated by the landlord. Unfortunately, the sister decided not to proceed. The landlord has managed to find replacement tenants. Those tenants took over the tenancy on 9 December 2024.

The landlord seeks rent arrears and compensation for the costs incurred in breaking the lease.

The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in s. 66 Residential Tenancies Act 1986, which allows for the reduction of fixed term tenancy agreements. The tenant did not make an application to the Tribunal under s.66 RTA, but the concepts may be of benefit for the tenants’ understanding.

Section 66(2) RTA provides that, if the Tribunal reduces the term of the tenancy under s.66 RTA, it may order the applicant to pay reasonable compensation to the other party for any loss or damage which results from the reduction of the term. In this case, the losses to the landlord would have been rent for the period from 14 November 2024, when the tenant said that he wished to break the lease, until 9 December 2024, when new tenants were installed. A tenant was at that time, required to provide a minimum notice to the landlord in a periodic tenancy of 28 days. The landlord has found and commenced a new tenancy within that time frame. The tenant is ordered to pay the rent arrears of $1,658.57.

Section 44A RTA provides that where a landlord consents to a termination of a fixed term tenancy, the landlord is entitled to recover from the outgoing tenant, any expenses reasonably incurred by the landlord is respect to the parting with possession and termination of the tenancy. This includes break lease costs. The tenant was informed that these fees would apply prior to the tenancy ending. The landlord has provided an itemised invoice setting out the actual costs and expenses to the tenant. The costs claimed are $741.25. The expenses are reasonably incurred and the tenant is ordered to pay $741.25.

As Taylor Property Services Limited has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.

The tenants applied for name suppression. The tenants have not been wholly or substantially successful in this hearing and the tenants’ application for suppression is dismissed.

Claims and awards in Tenancy Tribunal application 5105626 — net $946.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,658.57	Rent arrears
Break lease costs	$741.25	Break lease costs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$946.82
Total payable by Tenant to Landlord	$946.82

Order

Shivneel Sivan and Aaria Toki must pay Taylor Property Services Limited $946.82 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,480.00 (3034333-006) to Taylor Property Services Limited immediately.

Reasons

Both parties attended the video hearing on 29 April 2025.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The facts of this matter are not subject to dispute between the parties.
This was a fixed term tenancy due to end on 29 March 2026. Sadly, the tenant’s father died very early in the tenancy. The tenant felt a strong family obligation to return to live with his mother.
On 11 November 2024, the tenants contacted the landlord and asked to be released from the fixed term tenancy. The landlord made it clear to the tenant that the fixed term tenancy would remain in place until such time as new tenants were found. This included the tenants’ obligation to pay rent until that time.
Initially, the tenant suggested that his sister might be prepared to take over the tenancy and this was investigated by the landlord. Unfortunately, the sister decided not to proceed. The landlord has managed to find replacement tenants. Those tenants took over the tenancy on 9 December 2024.
The landlord seeks rent arrears and compensation for the costs incurred in breaking the lease.
The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in s. 66 Residential Tenancies Act 1986, which allows for the reduction of fixed term tenancy agreements. The tenant did not make an application to the Tribunal under s.66 RTA, but the concepts may be of benefit for the tenants’ understanding.
Section 66(2) RTA provides that, if the Tribunal reduces the term of the tenancy under s.66 RTA, it may order the applicant to pay reasonable compensation to the other party for any loss or damage which results from the reduction of the term. In this case, the losses to the landlord would have been rent for the period from 14 November 2024, when the tenant said that he wished to break the lease, until 9 December 2024, when new tenants were installed. A tenant was at that time, required to provide a minimum notice to the landlord in a periodic tenancy of 28 days. The landlord has found and commenced a new tenancy within that time frame. The tenant is ordered to pay the rent arrears of $1,658.57.
Section 44A RTA provides that where a landlord consents to a termination of a fixed term tenancy, the landlord is entitled to recover from the outgoing tenant, any expenses reasonably incurred by the landlord is respect to the parting with possession and termination of the tenancy. This includes break lease costs. The tenant was informed that these fees would apply prior to the tenancy ending. The landlord has provided an itemised invoice setting out the actual costs and expenses to the tenant. The costs claimed are $741.25. The expenses are reasonably incurred and the tenant is ordered to pay $741.25.
As Taylor Property Services Limited has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.
The tenants applied for name suppression. The tenants have not been wholly or substantially successful in this hearing and the tenants’ application for suppression is dismissed.

Tenancy Tribunal case 5105626 — Rent arrears at 12 Hauiti Road, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5105626 — Rent arrears at 12 Hauiti Road, Otahuhu, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions