What was the outcome of Tenancy Tribunal case 5393501?

The tribunal order states: Nikiah Waipoi and Kobe Robson must pay Grow Reality Limited (A Cube

How much money was awarded in case 5393501?

Compensation: $1,457.14 awarded to landlord; Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5393501?

The dispute type was not classified.

Where can I read the official tribunal order for case 5393501?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13386767-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5393501?

The tribunal order states: Nikiah Waipoi and Kobe Robson must pay Grow Reality Limited (A Cube

How much money was awarded in case 5393501?

Compensation: $1,457.14 awarded to landlord; Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5393501?

The dispute type was not classified.

Where can I read the official tribunal order for case 5393501?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13386767-Tenancy_Tribunal_Order.pdf.

51 Border Road, Henderson, Auckland 0612 Tenancy Tribunal Case 5393501 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 5393501 — net $1,485.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation	$1,457.14	Compensation
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,485.14
Total payable by Tenant to Landlord	$1,485.14

Both parties attended the hearing held on 1 April 2026 by video.

This tenancy commenced on 20 February 2025.

At issue is whether it was a fixed term tenancy or a periodic tenancy.

The landlord has applied for compensation for rent from when the tenant vacated the tenancy until the day before a new tenancy began. The landlord submits that this is a fixed term tenancy even though there was an error with the tenancy agreement.

The tenant submits that it is a periodic tenancy and that is why the tenants gave 21 days’ notice to end the tenancy on 30 October 2025.

The tenants vacated the premises on 20 November 2025. The landlord secured a new tenancy which commenced on 6 December 2025.

The landlord claims rent for the period from 21 November 2025 until 5 December 2025 (15 days) which amounts to $1,457.14.

The landlord relies on the following in support of their claim: (a) The tenant applied through Trademe and her application records that a “longer than 12-month tenancy desired”. (b) The landlord drafted a tenancy agreement which was sent to the tenant on 29 January 2025. That agreement records a fixed term tenancy ending on 19 February 2026. The email enclosing the tenancy agreement states, “this is a fixed term agreement”. (c) The landlord amended the tenancy agreement which was sent to the tenant on 30 January 2026. While that tenancy agreement records a fixed term tenancy ending on 19 February 2025, the email enclosing the agreement again states, “this is a fixed term agreement”. (d) The end date for the fixed term in the second agreement was a clerical error that the landlord was not aware of until the tenant emailed giving 21 days’ notice to end the tenancy on 30 October 2025. (e) The landlord responded to the tenant’s notice to end the tenancy by advising that it was a fixed term tenancy due to end on 19 February 2026.

The tenant relies on the following to oppose the landlord’s claim: (a) There were three versions of the tenancy agreement and the second and third ones had different dates to the first one. (b) There was no face-to-face discussion with the landlord in relation to the length of the tenancy. (c) In the last email from the landlord (dated 30 January 2025) it advised to ignore the previous emails. (d) The tenant only knew of the fixed term when she received the landlord’s response after she gave notice to end the tenancy. (e) The tenant relied upon the tenancy agreement signed to give 21 days’ notice for the tenancy to end. She assumed that it was a periodic tenancy because of the date error. (f) While her Trademe application asked for a tenancy longer than 12 months the tenants position changed.

While not raised by the parties I note that there is a page attached to the signed tenancy agreement headed “Terms & conditions of the new tenancy agreement”. That document records “This is a fixed term tenancy and breach of the fixed term tenancy fees will be (1 week rent + GST) need to pay to “A Cube Rentals” by the tenants.” Analysis

Where the fixed term tenancy agreement contains a clerical error – listing the start date as 20 February 2025 and the end date as 19 February 2025 (so the end date is before the start date) – the Tribunal would look at the true intention of the parties and the real substance of the agreement rather than just the clerical error.

The Tribunal is required to act according to the substantial merits and justice of the case 1 .

There is no evidence to support the suggestion that the parties intended to enter a periodic tenancy. It is clear from the context and evidence that both parties intended a fixed term tenancy for a set period. The agreement is amended to correct the clerical error and enforce the agreement as intended.

The tenant said that she relied on the error and gave 21 days’ notice as if it were a periodic tenancy, however the Tribunal does not consider that it was reasonable for the tenant to rely on the error given that the intention of the parties was clear. The error was obvious and both parties knew or should have known the intended end date.

Because the fixed term was due to end on 19 February 2026 the tenant remains liable for rent up until the end of the fixed term or to the date a new tenancy starts, whichever is the sooner. The new tenancy commenced on 6 December 2025 and therefore the landlord is awarded compensation for the 15 days between the tenant vacating and the new tenancy beginning.

Because Grow Reality Limited (A Cube Rentals) has wholly succeeded with the claim I must reimburse the filing fee. 1 Section 85(2) Residential Tenancies Act 1986

Claims and awards in Tenancy Tribunal application 5393501 — net $1,485.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation	$1,457.14	Compensation
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,485.14
Total payable by Tenant to Landlord	$1,485.14

Order

Nikiah Waipoi and Kobe Robson must pay Grow Reality Limited (A Cube Rentals) $1,485.14 immediately as set out in table below.

Reasons

Both parties attended the hearing held on 1 April 2026 by video.
This tenancy commenced on 20 February 2025.
At issue is whether it was a fixed term tenancy or a periodic tenancy.
The landlord has applied for compensation for rent from when the tenant vacated the tenancy until the day before a new tenancy began. The landlord submits that this is a fixed term tenancy even though there was an error with the tenancy agreement.
The tenant submits that it is a periodic tenancy and that is why the tenants gave 21 days’ notice to end the tenancy on 30 October 2025.
The tenants vacated the premises on 20 November 2025. The landlord secured a new tenancy which commenced on 6 December 2025.
The landlord claims rent for the period from 21 November 2025 until 5 December 2025 (15 days) which amounts to $1,457.14.
The landlord relies on the following in support of their claim: (a) The tenant applied through Trademe and her application records that a “longer than 12-month tenancy desired”. (b) The landlord drafted a tenancy agreement which was sent to the tenant on 29 January 2025. That agreement records a fixed term tenancy ending on 19 February 2026. The email enclosing the tenancy agreement states, “this is a fixed term agreement”. (c) The landlord amended the tenancy agreement which was sent to the tenant on 30 January 2026. While that tenancy agreement records a fixed term tenancy ending on 19 February 2025, the email enclosing the agreement again states, “this is a fixed term agreement”. (d) The end date for the fixed term in the second agreement was a clerical error that the landlord was not aware of until the tenant emailed giving 21 days’ notice to end the tenancy on 30 October 2025. (e) The landlord responded to the tenant’s notice to end the tenancy by advising that it was a fixed term tenancy due to end on 19 February 2026.
The tenant relies on the following to oppose the landlord’s claim: (a) There were three versions of the tenancy agreement and the second and third ones had different dates to the first one. (b) There was no face-to-face discussion with the landlord in relation to the length of the tenancy. (c) In the last email from the landlord (dated 30 January 2025) it advised to ignore the previous emails. (d) The tenant only knew of the fixed term when she received the landlord’s response after she gave notice to end the tenancy. (e) The tenant relied upon the tenancy agreement signed to give 21 days’ notice for the tenancy to end. She assumed that it was a periodic tenancy because of the date error. (f) While her Trademe application asked for a tenancy longer than 12 months the tenants position changed.
While not raised by the parties I note that there is a page attached to the signed tenancy agreement headed “Terms & conditions of the new tenancy agreement”. That document records “This is a fixed term tenancy and breach of the fixed term tenancy fees will be (1 week rent + GST) need to pay to “A Cube Rentals” by the tenants.” Analysis
Where the fixed term tenancy agreement contains a clerical error – listing the start date as 20 February 2025 and the end date as 19 February 2025 (so the end date is before the start date) – the Tribunal would look at the true intention of the parties and the real substance of the agreement rather than just the clerical error.
The Tribunal is required to act according to the substantial merits and justice of the case 1 .
There is no evidence to support the suggestion that the parties intended to enter a periodic tenancy. It is clear from the context and evidence that both parties intended a fixed term tenancy for a set period. The agreement is amended to correct the clerical error and enforce the agreement as intended.
The tenant said that she relied on the error and gave 21 days’ notice as if it were a periodic tenancy, however the Tribunal does not consider that it was reasonable for the tenant to rely on the error given that the intention of the parties was clear. The error was obvious and both parties knew or should have known the intended end date.
Because the fixed term was due to end on 19 February 2026 the tenant remains liable for rent up until the end of the fixed term or to the date a new tenancy starts, whichever is the sooner. The new tenancy commenced on 6 December 2025 and therefore the landlord is awarded compensation for the 15 days between the tenant vacating and the new tenancy beginning.
Because Grow Reality Limited (A Cube Rentals) has wholly succeeded with the claim I must reimburse the filing fee. 1 Section 85(2) Residential Tenancies Act 1986

Tenancy Tribunal case 5393501 — Tenancy dispute at 51 Border Road, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 5393501 — Tenancy dispute at 51 Border Road, Henderson, Auckland 0612

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