What was the outcome of Tenancy Tribunal case 5218013?

The tribunal order states: Judit Suarez, Samuel Irwin and Megan Taylor-West must pay Team Group

How much money was awarded in case 5218013?

Cleaning: $300.00 awarded to landlord; Early Release From Fixed-Term Tenanc…: $1,506.75 awarded to landlord; Rent Arrears: $4,040.29 awarded to landlord

What type of tenancy dispute was case 5218013?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5218013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11929914-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5218013?

The tribunal order states: Judit Suarez, Samuel Irwin and Megan Taylor-West must pay Team Group

How much money was awarded in case 5218013?

Cleaning: $300.00 awarded to landlord; Early Release From Fixed-Term Tenanc…: $1,506.75 awarded to landlord; Rent Arrears: $4,040.29 awarded to landlord

What type of tenancy dispute was case 5218013?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5218013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11929914-Tenancy_Tribunal_Order.pdf.

9A Stoke Street, Newtown, Wellington 6021 Tenancy Tribunal Case 5218013 — Rent arrears

Claims and awards in Tenancy Tribunal application 5218013 — net $3,067.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 Jan 2025	$4,040.29	Rent arrears to 30 Jan 2025
Early release from fixed-term tenancy fee	$1,506.75	Early release from fixed-term tenancy fee
Cleaning	$300.00	Cleaning
Net award	$3,067.04
Total payable by Tenant to Landlord	$3,067.04

Order

Judit Suarez, Samuel Irwin and Megan Taylor-West must pay Team Group Rentals Limited As Agent For Lap Vuong $3,067.04 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,780.00 (3290958-027) to Team Group Rentals Limited As Agent For Lap Vuong immediately.

Reasons

Both parties attended the video hearing. All three tenants were present.
Following an agreed early end to the fixed-term tenancy, the landlord has applied for rent arrears, payment of the break fee for early release from the fixed-term tenancy, and compensation for cleaning.
A bond of $2,780.00 is held by the Bond Centre. The landlord seeks refund of the bond to the landlord is partial payment of those claims. The tenancy
The parties entered into a fixed-term tenancy commencing 15 March 2024 and ending 13 March 2025.
In early/mid September 2024, the tenants requested they be released from the tenancy early. The landlord agreed the tenants could be released on the terms set out in an email dated 13 September 2024.
An estimate of the fees likely to be incurred in finding new tenants was provided in that email. In a verbal conversation, the landlord said the break fee usually ends up being equal to approximately one week’s rent. At that time, the tenants were paying $695 per week in rent.
The tenants agreed to the conditions for early release from the fixed-term tenancy.
A new tenancy commenced on 31 January 2025. The new tenants pay $650 per week in rent.

How much is owed for rent?

The parties agree the tenancy ended on 30 January 2025 and the tenants accept they are liable for rent until that date.
By consent, I order the tenants must pay rent arrears due to that date. How much do the tenants owe the landlord for the cost of breaking the fixed-term tenancy early?
No fixed-term tenancy shall be terminated unless the expiry of the term of the tenancy passes, or any of sections 55AA, 56A(1), 58(1)(d), (da), 58A, 59, 59A, or 59B apply, and notice is given in accordance with the applicable section. A fixed-term tenancy may also be ended by mutual agreement of the parties.
It is not disputed that in early September 2024, the tenants requested an early end to the fixed-term tenancy and the landlord agreed, on condition that the tenant remained liable to pay rent until a new tenancy commenced and they pay a break fee. A breakdown of the “reasonable expenses likely to be incurred” was provided by email dated 13 September 2024.
The tenants accept they agreed to the terms set out by the landlord in the email dated 13 September 2024, however, the tenants say they were surprised to then receive a final invoice for $1,506.75. They say that amount is more than double the estimated amount of $695, being one week’s rent.
Furthermore, the tenants say they do not consider the landlord put in sufficient effort to find new tenants, and instead took advantage of the tenants who remained liable to pay the rent until a new tenant was found or until the end of the fixed-term tenancy.
The landlord confirms she told the tenants the usual cost was around one week’s rent, but she says, unfortunately in this case, the property took longer to re-rent. The landlord says they did put in effort to find new tenants, but that the market was particularly slow. The landlord says the rental market is usually slow in the latter months of the year, picking up in the months of December – February, and that may account for how long it took. The landlord says they initially sought new tenants at the same rent as paid by these tenants, $695 per week, but ended up reducing the rent to $650 per week. The new tenancy commenced on 31 January 2025 at $650 per week.
The landlord said the final break fee invoice included some discounts. The landlord said while 15 viewings were held, they only charged the tenants for 10 viewings (at $85+GST per viewing), and the landlord did not charge the tenants for dealing with any enquiries by prospective tenants, or for mileage to travel to viewings. The landlord also stated there was no charge applied for dealing with issues post the final inspection – the landlord says she had to arrange for cleaning of the property.
I am satisfied the landlord has proved the tenants agreed to the terms of breaking the fixed-term tenancy as set out in the email on 13 September 2025. I am also satisfied the landlord’s verbal statement that the break fee is usually around one week’s rent was an estimate only and was not intended to bind the landlord to that amount.
There is no provision of the Residential Tenancies Act 1986 (the RTA) that requires a landlord who agrees to the early end of a fixed-term tenancy to find a new tenant within a specified timeframe. The tenants’ complaint that the landlord did not take sufficient steps to find a new tenant during the term of the their fixed-term tenancy is without grounds. In any event, on the evidence provided, I am satisfied the landlord took reasonable steps to try to find a new tenant.
I am satisfied that the amount charged by the landlord is consistent with the estimated costs set out as conditions of the landlord’s consent to break the fixed-term tenancy. Given those terms were agreed to by the tenants, they are liable to compensate the landlord for those costs.
I make an order that the tenant pay the landlord the costs incurred in breaking the fixed-term tenancy early as sought.

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. See section 40(1)(e)(iii) of the RTA.
The landlord conducted an exit inspection on 27 January 2025 and has produced a copy of the report including photos. The landlord submits the photos show the property was not left reasonably clean in that floors were not cleaned, skirting boards were dusty, and in particular, surfaces and floors in the kitchen and bathroom needed cleaning.
The landlord arranged for a professional cleaner to clean the premises, and has provided an invoice in which the cleaner charged the landlord $615.25 to clean the premises. The landlord accepts the cleaner brought the property to a higher standard than “reasonably clean” and therefore seeks a contribution from the tenants of $300.00.
The tenants says they moved out on or about 18 October 2024. They say they left the property in a cleaner condition than when they moved in. They have provided a video taken during a viewing on 2 March 2025 (before the tenancy commenced), photos taken on15 March 2025 (the day they moved in), and a video they took on 14 January 2025, which was taken to show the features of the property to any prospective new tenants.
I have reviewed all the evidence submitted. I am satisfied the landlord has proved the tenant did not leave the premises reasonably clean as at the end of the tenancy. The photographs taken by the landlord during the final inspection on 27 January 2025 show the property was not reasonably clean as at that date. The tenants responsibility under s 40(1)(e)(iii) of the RTA specifically relates to their obligations at the termination of the tenancy. I note that the video taken on 14 January 2025 did not show sufficient detail of the cleanliness of the premises, which is not surprising given the purpose for which it was taken was to show the features of the premises to any prospective tenants.
I am satisfied the amount sought in compensation for cleaning is a reasonable amount to bring the property to the standard of “reasonably clean”.
The amount ordered is proved.

Claims and awards in Tenancy Tribunal application 5218013 — net $3,067.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 Jan 2025	$4,040.29	Rent arrears to 30 Jan 2025
Early release from fixed-term tenancy fee	$1,506.75	Early release from fixed-term tenancy fee
Cleaning	$300.00	Cleaning
Net award	$3,067.04
Total payable by Tenant to Landlord	$3,067.04

Order

Judit Suarez, Samuel Irwin and Megan Taylor-West must pay Team Group Rentals Limited As Agent For Lap Vuong $3,067.04 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,780.00 (3290958-027) to Team Group Rentals Limited As Agent For Lap Vuong immediately.

Reasons

Both parties attended the video hearing. All three tenants were present.
Following an agreed early end to the fixed-term tenancy, the landlord has applied for rent arrears, payment of the break fee for early release from the fixed-term tenancy, and compensation for cleaning.
A bond of $2,780.00 is held by the Bond Centre. The landlord seeks refund of the bond to the landlord is partial payment of those claims. The tenancy
The parties entered into a fixed-term tenancy commencing 15 March 2024 and ending 13 March 2025.
In early/mid September 2024, the tenants requested they be released from the tenancy early. The landlord agreed the tenants could be released on the terms set out in an email dated 13 September 2024.
An estimate of the fees likely to be incurred in finding new tenants was provided in that email. In a verbal conversation, the landlord said the break fee usually ends up being equal to approximately one week’s rent. At that time, the tenants were paying $695 per week in rent.
The tenants agreed to the conditions for early release from the fixed-term tenancy.
A new tenancy commenced on 31 January 2025. The new tenants pay $650 per week in rent.

How much is owed for rent?

The parties agree the tenancy ended on 30 January 2025 and the tenants accept they are liable for rent until that date.
By consent, I order the tenants must pay rent arrears due to that date. How much do the tenants owe the landlord for the cost of breaking the fixed-term tenancy early?
No fixed-term tenancy shall be terminated unless the expiry of the term of the tenancy passes, or any of sections 55AA, 56A(1), 58(1)(d), (da), 58A, 59, 59A, or 59B apply, and notice is given in accordance with the applicable section. A fixed-term tenancy may also be ended by mutual agreement of the parties.
It is not disputed that in early September 2024, the tenants requested an early end to the fixed-term tenancy and the landlord agreed, on condition that the tenant remained liable to pay rent until a new tenancy commenced and they pay a break fee. A breakdown of the “reasonable expenses likely to be incurred” was provided by email dated 13 September 2024.
The tenants accept they agreed to the terms set out by the landlord in the email dated 13 September 2024, however, the tenants say they were surprised to then receive a final invoice for $1,506.75. They say that amount is more than double the estimated amount of $695, being one week’s rent.
Furthermore, the tenants say they do not consider the landlord put in sufficient effort to find new tenants, and instead took advantage of the tenants who remained liable to pay the rent until a new tenant was found or until the end of the fixed-term tenancy.
The landlord confirms she told the tenants the usual cost was around one week’s rent, but she says, unfortunately in this case, the property took longer to re-rent. The landlord says they did put in effort to find new tenants, but that the market was particularly slow. The landlord says the rental market is usually slow in the latter months of the year, picking up in the months of December – February, and that may account for how long it took. The landlord says they initially sought new tenants at the same rent as paid by these tenants, $695 per week, but ended up reducing the rent to $650 per week. The new tenancy commenced on 31 January 2025 at $650 per week.
The landlord said the final break fee invoice included some discounts. The landlord said while 15 viewings were held, they only charged the tenants for 10 viewings (at $85+GST per viewing), and the landlord did not charge the tenants for dealing with any enquiries by prospective tenants, or for mileage to travel to viewings. The landlord also stated there was no charge applied for dealing with issues post the final inspection – the landlord says she had to arrange for cleaning of the property.
I am satisfied the landlord has proved the tenants agreed to the terms of breaking the fixed-term tenancy as set out in the email on 13 September 2025. I am also satisfied the landlord’s verbal statement that the break fee is usually around one week’s rent was an estimate only and was not intended to bind the landlord to that amount.
There is no provision of the Residential Tenancies Act 1986 (the RTA) that requires a landlord who agrees to the early end of a fixed-term tenancy to find a new tenant within a specified timeframe. The tenants’ complaint that the landlord did not take sufficient steps to find a new tenant during the term of the their fixed-term tenancy is without grounds. In any event, on the evidence provided, I am satisfied the landlord took reasonable steps to try to find a new tenant.
I am satisfied that the amount charged by the landlord is consistent with the estimated costs set out as conditions of the landlord’s consent to break the fixed-term tenancy. Given those terms were agreed to by the tenants, they are liable to compensate the landlord for those costs.
I make an order that the tenant pay the landlord the costs incurred in breaking the fixed-term tenancy early as sought.

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. See section 40(1)(e)(iii) of the RTA.
The landlord conducted an exit inspection on 27 January 2025 and has produced a copy of the report including photos. The landlord submits the photos show the property was not left reasonably clean in that floors were not cleaned, skirting boards were dusty, and in particular, surfaces and floors in the kitchen and bathroom needed cleaning.
The landlord arranged for a professional cleaner to clean the premises, and has provided an invoice in which the cleaner charged the landlord $615.25 to clean the premises. The landlord accepts the cleaner brought the property to a higher standard than “reasonably clean” and therefore seeks a contribution from the tenants of $300.00.
The tenants says they moved out on or about 18 October 2024. They say they left the property in a cleaner condition than when they moved in. They have provided a video taken during a viewing on 2 March 2025 (before the tenancy commenced), photos taken on15 March 2025 (the day they moved in), and a video they took on 14 January 2025, which was taken to show the features of the property to any prospective new tenants.
I have reviewed all the evidence submitted. I am satisfied the landlord has proved the tenant did not leave the premises reasonably clean as at the end of the tenancy. The photographs taken by the landlord during the final inspection on 27 January 2025 show the property was not reasonably clean as at that date. The tenants responsibility under s 40(1)(e)(iii) of the RTA specifically relates to their obligations at the termination of the tenancy. I note that the video taken on 14 January 2025 did not show sufficient detail of the cleanliness of the premises, which is not surprising given the purpose for which it was taken was to show the features of the premises to any prospective tenants.
I am satisfied the amount sought in compensation for cleaning is a reasonable amount to bring the property to the standard of “reasonably clean”.
The amount ordered is proved.

Tenancy Tribunal case 5218013 — Rent arrears at 9A Stoke Street, Newtown, Wellington 6021

At a glance

Tenancy Tribunal case 5218013 — Rent arrears at 9A Stoke Street, Newtown, Wellington 6021

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

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?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions