How much money was awarded in case 5370309?

Cleaning: $550.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lease Break Costs: $198.35 awarded to landlord; Reduced Rent To End Of Fixed Term: $630.00 awarded to landlord; Rent Arrears: $1,270.00 awarded to landlord; Rubbish Removal: $410.00 awarded to landlord; Water Rates: $371.12 awarded to landlord

What type of tenancy dispute was case 5370309?

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

Where can I read the official tribunal order for case 5370309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13019999-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5370309?

Cleaning: $550.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lease Break Costs: $198.35 awarded to landlord; Reduced Rent To End Of Fixed Term: $630.00 awarded to landlord; Rent Arrears: $1,270.00 awarded to landlord; Rubbish Removal: $410.00 awarded to landlord; Water Rates: $371.12 awarded to landlord

What type of tenancy dispute was case 5370309?

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

Where can I read the official tribunal order for case 5370309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13019999-Tenancy_Tribunal_Order.pdf.

461 Maunu Road, Maunu, Whangarei 0110 Tenancy Tribunal Case 5370309 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5370309?

The tribunal order states: Amber-Rose Maunsell must pay North Island Community Services Limited t/as

Order

Claims and awards in Tenancy Tribunal application 5370309 — net $917.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 October 2025	$1,270.00	Rent arrears to 9 October 2025
Water rates	$371.12	Water rates
Cleaning	$550.00	The claim for $371.12 is proven. Cleaning and carpet cleaning
Repairs and rubbish removal	$410.00	Repairs and rubbish removal
Reduced rent to end of fixed term	$630.00	Reduced rent to end of fixed term
Lease break costs	$198.35	Lease break costs
Filing fee reimbursement	$28.00	39. The landlord was largely successful in the application, and I will award the landlord the filing fee.
Net award	$917.47
Total payable by Tenant to Landlord	$917.47

Amber-Rose Maunsell must pay North Island Community Services Limited t/as Propertyscouts (as agent for Tamara and Martin Gersbach) $917.47 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,540.00 (BN-00029911) to North Island Community Services Limited t/as Propertyscouts Whangarei immediately.

Reasons

Background

The tenancy began on 14 February 2025. It was a fixed term tenancy, due to end in February 2026.

Ms Maunsell asked to be released from the fixed term tenancy. Propertyscouts required Ms Maunsell to sign an assignment agreement, which Ms Maunsell signed in September 2025.

Propertyscouts advertised the tenancy.

Replacement tenants took over from 10 October 2025.

The landlord’s application seeks rent arrears, water rates, cleaning, repairs, and costs relating to the early release from the fixed term tenancy.

The hearing took place in Whangarei on 23 January 2026. Both parties attended the hearing. Ms de Beer and Ms Sorenson represented the landlord. Rent arrears

This was a fixed term tenancy. Tenants are liable for rent to the end of the fixed term or to the date that a new tenancy begins (whichever is sooner).

Ms Maunsell said that she left the property because her children had on-going health problems during their time there. Ms Mansell attributes these problems to the age and condition of the house, in particular the carpet.

I accept that this was the reason why Maunsell wanted her family to move out.

However, the law is clear. Propertyscouts took all reasonable steps to get new tenants to take over the tenancy, even though they were not legally obliged to. 1 Ms Mansell is liable for rent to 9 October 2025. There are proven rent arrears of $1,270.00 to that date. Water

Ms Maunsell paid $10 per week towards water at the start of the tenancy.

The first water invoice was in April 2025. Ms Maunsell had made 10 x $10 payments by then. The water invoice was $128.00. Ms Maunsell made two more payments of $10, which cleared the April 2025 invoice.

Ms Maunsell did not make any more $10 payments. 1 Section 61(4) Residential Tenancies Act 1986 (“RTA”)

Ms de Beer read the water meter at the end of the tenancy and calculated the total water use since the April invoice. The total was $372.68.

There was only $1.56 left of credit to apply to this invoice.

The claim for $371.12 is proven. Cleaning and carpet cleaning

Tenants must leave the premises reasonably clean and tidy at the end of the tenancy. 2

The claim seeks $550 for end of tenancy cleaning.

Ms de Beer provided a copy of the final inspection report with photographs. The photographs show that parts of the house were not clean, and there were stains on the carpet.

Ms Maunsell said that the premises were not clean at the start of her tenancy.

Ms de Beer provided a copy of the entry inspection report with photographs. The property appears to be reasonably clean. The carpet is aged with some visible stains, but there are more stains at the end of the tenancy. The landlord had professional cleaning and carpet cleaning done before the start of the tenancy.

The invoice for end of tenancy cleaning Invoice does not give breakdown of the number of hours, hourly rate, Rug Doctor hire, etc. This information is useful and relevant when considering cleaning claims. However, I am satisfied that the total cost claimed is fair and reasonable but overall cost ok for cleaning and carpet cleaning. Repairs and rubbish removal

Ms Maunsell accepted the claims for minor repairs and rubbish removal costs, except for the claim for replacing a curtain rail in a bedroom. Ms Maunsell said that he plastic rail was aged, and simply broke.

Ms de Beer noted that new curtains and rails were fitted at the start of the tenancy, but Ms Maunsell clarified that not all of the rails were replaced and the rail in this bedroom was not one of the new ones.

I accept Ms Maunsell’s oral evidence. 2 Section 40(1)(e)(iii) RTA Loss of rent

Ms de Beer said that they had difficulty finding replacement tenants.

They reduced the rent to $600 per week and were then able to re-let the premises.

The claim seeks the amount of the reduction ($35 per week) for the balance of the fixed term (18 weeks).

The landlord was contractually entitled to payment of $635.00 per week until the end of the fixed term. The loss of rent is a direct consequence of Ms Maunsell exiting the fixed term tenancy.

I accept that it was appropriate and reasonable for the landlord to reduce the rent. If they had not done so, it is very likely that the property would have remained untenanted for a much longer period, resulting in a more substantial loss of rent.

The claim is proven. Break lease

The claim seeks costs relating to releasing Ms Maunsell from the tenancy and finding new tenants.

Landlords are entitled to recover reasonable costs associated with the surrender or assignment of a tenancy. 3

Propertyscouts seeks $396.70, comprised of time (exit and entry inspections, viewings, document prep etc), travel, advertising, credit checks, and a methamphetamine test.

The third-party costs (credit checks, methamphetamine test, Trade Me advertising) are clearly additional costs that the landlord has incurred as a consequence of the lease break.

The time and travel costs are more arguable. These are not an additional cost incurred by the landlord but additional activity on the part of the property manager. There is no cost to the landlord from this additional activity.

The other relevant consideration is that the costs are not ‘extra’ but simply ‘brought forward’. The tenancy could have ended at the expiry of the fixed term in February, in which case the landlord would be looking for a new tenant then. Instead, they had to look for a new tenant in October.

Ms Maunsell said that she was willing to pay half of the invoiced amount, which I agree is a fair and reasonable outcome having regard to those considerations. 3 Section 44A(1) RTA Filing fee, bond

The landlord was largely successful in the application, and I will award the landlord the filing fee. 4

The proven claim exceeds the amount of the bond. The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 5370309 — net $917.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 October 2025	$1,270.00	Rent arrears to 9 October 2025
Water rates	$371.12	Water rates
Cleaning	$550.00	The claim for $371.12 is proven. Cleaning and carpet cleaning
Repairs and rubbish removal	$410.00	Repairs and rubbish removal
Reduced rent to end of fixed term	$630.00	Reduced rent to end of fixed term
Lease break costs	$198.35	Lease break costs
Filing fee reimbursement	$28.00	39. The landlord was largely successful in the application, and I will award the landlord the filing fee.
Net award	$917.47
Total payable by Tenant to Landlord	$917.47

Order

Amber-Rose Maunsell must pay North Island Community Services Limited t/as Propertyscouts (as agent for Tamara and Martin Gersbach) $917.47 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,540.00 (BN-00029911) to North Island Community Services Limited t/as Propertyscouts Whangarei immediately.

Reasons

Background

The tenancy began on 14 February 2025. It was a fixed term tenancy, due to end in February 2026.
Ms Maunsell asked to be released from the fixed term tenancy. Propertyscouts required Ms Maunsell to sign an assignment agreement, which Ms Maunsell signed in September 2025.
Propertyscouts advertised the tenancy.
Replacement tenants took over from 10 October 2025.
The landlord’s application seeks rent arrears, water rates, cleaning, repairs, and costs relating to the early release from the fixed term tenancy.
The hearing took place in Whangarei on 23 January 2026. Both parties attended the hearing. Ms de Beer and Ms Sorenson represented the landlord. Rent arrears
This was a fixed term tenancy. Tenants are liable for rent to the end of the fixed term or to the date that a new tenancy begins (whichever is sooner).
Ms Maunsell said that she left the property because her children had on-going health problems during their time there. Ms Mansell attributes these problems to the age and condition of the house, in particular the carpet.
I accept that this was the reason why Maunsell wanted her family to move out.
However, the law is clear. Propertyscouts took all reasonable steps to get new tenants to take over the tenancy, even though they were not legally obliged to. 1 Ms Mansell is liable for rent to 9 October 2025. There are proven rent arrears of $1,270.00 to that date. Water
Ms Maunsell paid $10 per week towards water at the start of the tenancy.
The first water invoice was in April 2025. Ms Maunsell had made 10 x $10 payments by then. The water invoice was $128.00. Ms Maunsell made two more payments of $10, which cleared the April 2025 invoice.
Ms Maunsell did not make any more $10 payments. 1 Section 61(4) Residential Tenancies Act 1986 (“RTA”)
Ms de Beer read the water meter at the end of the tenancy and calculated the total water use since the April invoice. The total was $372.68.
There was only $1.56 left of credit to apply to this invoice.
The claim for $371.12 is proven. Cleaning and carpet cleaning
Tenants must leave the premises reasonably clean and tidy at the end of the tenancy. 2
The claim seeks $550 for end of tenancy cleaning.
Ms de Beer provided a copy of the final inspection report with photographs. The photographs show that parts of the house were not clean, and there were stains on the carpet.
Ms Maunsell said that the premises were not clean at the start of her tenancy.
Ms de Beer provided a copy of the entry inspection report with photographs. The property appears to be reasonably clean. The carpet is aged with some visible stains, but there are more stains at the end of the tenancy. The landlord had professional cleaning and carpet cleaning done before the start of the tenancy.
The invoice for end of tenancy cleaning Invoice does not give breakdown of the number of hours, hourly rate, Rug Doctor hire, etc. This information is useful and relevant when considering cleaning claims. However, I am satisfied that the total cost claimed is fair and reasonable but overall cost ok for cleaning and carpet cleaning. Repairs and rubbish removal
Ms Maunsell accepted the claims for minor repairs and rubbish removal costs, except for the claim for replacing a curtain rail in a bedroom. Ms Maunsell said that he plastic rail was aged, and simply broke.
Ms de Beer noted that new curtains and rails were fitted at the start of the tenancy, but Ms Maunsell clarified that not all of the rails were replaced and the rail in this bedroom was not one of the new ones.
I accept Ms Maunsell’s oral evidence. 2 Section 40(1)(e)(iii) RTA Loss of rent
Ms de Beer said that they had difficulty finding replacement tenants.
They reduced the rent to $600 per week and were then able to re-let the premises.
The claim seeks the amount of the reduction ($35 per week) for the balance of the fixed term (18 weeks).
The landlord was contractually entitled to payment of $635.00 per week until the end of the fixed term. The loss of rent is a direct consequence of Ms Maunsell exiting the fixed term tenancy.
I accept that it was appropriate and reasonable for the landlord to reduce the rent. If they had not done so, it is very likely that the property would have remained untenanted for a much longer period, resulting in a more substantial loss of rent.
The claim is proven. Break lease
The claim seeks costs relating to releasing Ms Maunsell from the tenancy and finding new tenants.
Landlords are entitled to recover reasonable costs associated with the surrender or assignment of a tenancy. 3
Propertyscouts seeks $396.70, comprised of time (exit and entry inspections, viewings, document prep etc), travel, advertising, credit checks, and a methamphetamine test.
The third-party costs (credit checks, methamphetamine test, Trade Me advertising) are clearly additional costs that the landlord has incurred as a consequence of the lease break.
The time and travel costs are more arguable. These are not an additional cost incurred by the landlord but additional activity on the part of the property manager. There is no cost to the landlord from this additional activity.
The other relevant consideration is that the costs are not ‘extra’ but simply ‘brought forward’. The tenancy could have ended at the expiry of the fixed term in February, in which case the landlord would be looking for a new tenant then. Instead, they had to look for a new tenant in October.
Ms Maunsell said that she was willing to pay half of the invoiced amount, which I agree is a fair and reasonable outcome having regard to those considerations. 3 Section 44A(1) RTA Filing fee, bond
The landlord was largely successful in the application, and I will award the landlord the filing fee. 4
The proven claim exceeds the amount of the bond. The bond will be released to the landlord.

Tenancy Tribunal case 5370309 — Rent arrears at 461 Maunu Road, Maunu, Whangarei 0110

At a glance

Tenancy Tribunal case 5370309 — Rent arrears at 461 Maunu Road, Maunu, Whangarei 0110

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