What was the outcome of Tenancy Tribunal case 5265259?

The tribunal order states: The tenants are to pay $542.34 to the landlord immediately as shown in the

How much money was awarded in case 5265259?

Break Lease Fee: $515.34 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5265259?

The dispute type was not classified.

Where can I read the official tribunal order for case 5265259?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12178464-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5265259?

The tribunal order states: The tenants are to pay $542.34 to the landlord immediately as shown in the

How much money was awarded in case 5265259?

Break Lease Fee: $515.34 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5265259?

The dispute type was not classified.

Where can I read the official tribunal order for case 5265259?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12178464-Tenancy_Tribunal_Order.pdf.

30 Raxworthy Street, Ilam, Christchurch 8041 Tenancy Tribunal Case 5265259 — Tenancy dispute

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Reasons

Claims and awards in Tenancy Tribunal application 5265259 — net $542.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Break Lease fee	$515.34	Break Lease fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$542.34
Total payable by Tenant to Landlord	$542.34

Both parties attended the video hearing.

The landlord seeks recovery of its break lease costs.

The tenants viewed the premises in early April 2005. The property manager informed them that they would need to complete an application form at the viewing.

The tenants subsequently signed a fixed term tenancy agreement with the landlord on 10 April 2025. The tenancy was to start on 5 May 2025 and run through until 3 May 2026.

At the time of signing the tenancy agreement, the tenants were already parties to an existing tenancy, which was not to end until 20 July 2025.

On 14 April 2025, the tenants contacted the landlord of these premises and asked to be released from the tenancy as the costs of having two tenancies was a cost that they could not manage.

The landlord agreed to the early termination of the tenancy on the basis that the tenants paid for the break lease costs. The landlord agreed not to seek compensation for any last rent. In any event, the landlord was able to obtain a replacement tenant, and so the issue of any rental losses does not require consideration by the Tribunal.

The tenants said that they felt pressured and under some duress to enter into the tenancy agreement. They said that the property manager told them that if they did not sign the tenancy agreement that they may lose the tenancy. This may well be correct and would be the situation in almost every potential tenancy. The tenants are adults. They said that their previous tenancy was also a fixed term tenancy. They either were, or should have been aware of the obligations contained in the tenancy agreement signed by them.

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 (“RTA”), which allows for the reduction of fixed term tenancy agreements. The tenants have not filed an application under s.66 RTA. In the circumstances as explained by the parties, the tenants are bound by the terms of the tenancy agreement which they entered into.

Section 44A RTA provides that where a landlord consents to the termination of a fixed term tenancy, the landlord is entitled to recover from the outgoing tenant, any expenses reasonably incurred by the landlord in respect of the termination. A landlord is required when making an application under this section to provide the tenant with an itemised account of the expenses.

The landlord provided an itemised account to the tenants. The account includes advertising costs of $171.35. The tenant said that this advertising was for advertising carried out prior to them viewing the premises. The landlord said that this was incorrect and that the advertising was carried out on 16 April 2025 and formed part of the campaign to find replacement tenants.

Where the evidence conflicts in this matter, I prefer the detailed evidence of the landlord. The tenants are ordered to pay the break lease fees as claimed.

As Progressive Realty Limited As Agent For Guy & Denise Abbott has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5265259 — net $542.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Break Lease fee	$515.34	Break Lease fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$542.34
Total payable by Tenant to Landlord	$542.34

Both parties attended the video hearing.

The landlord seeks recovery of its break lease costs.

The tenants viewed the premises in early April 2005. The property manager informed them that they would need to complete an application form at the viewing.

The tenants subsequently signed a fixed term tenancy agreement with the landlord on 10 April 2025. The tenancy was to start on 5 May 2025 and run through until 3 May 2026.

At the time of signing the tenancy agreement, the tenants were already parties to an existing tenancy, which was not to end until 20 July 2025.

On 14 April 2025, the tenants contacted the landlord of these premises and asked to be released from the tenancy as the costs of having two tenancies was a cost that they could not manage.

Where the evidence conflicts in this matter, I prefer the detailed evidence of the landlord. The tenants are ordered to pay the break lease fees as claimed.

As Progressive Realty Limited As Agent For Guy & Denise Abbott has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.

Tenancy Tribunal case 5265259 — Tenancy dispute at 30 Raxworthy Street, Ilam, Christchurch 8041

At a glance

Tenancy Tribunal case 5265259 — Tenancy dispute at 30 Raxworthy Street, Ilam, Christchurch 8041

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions