Tenantcheck Insights · Case study
Tenancy Tribunal case 5452591 — Rent arrears at 31A Eaton Road, Hillsborough, Auckland 1042
Decided 12 June 2026 · Published 12 June 2026 · Application 5452591
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
J Northwood
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $6,949.90
- Total balance for Tenant to pay Landlord
- $4,749.90
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 23/02/26 | $5,650.00 | Rent arrears to 23/02/26 | |
| Water rates | $311.65 | Water rates | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Break lease fee | $960.25 | Break lease fee | |
| Net award | $4,749.90 | ||
| Total payable by Tenant to Landlord | $4,749.90 |
Claims and awards for application 5452591 — net $4,749.90 NZD. Verify on MoJ.
Rent arrears to 23/02/26
- Amount
- $5,650.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 23/02/26
Water rates
- Amount
- $311.65
- Awarded to
- Landlord
- Reason
- Water rates
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Break lease fee
- Amount
- $960.25
- Awarded to
- Landlord
- Reason
- Break lease fee
Net award
Landlord $4,749.90
Total payable by Tenant to Landlord
Landlord $4,749.90
Claim types — money lines allowed on this order
Order
- The Bond Centre is to pay the bond of $2,200.00 () to Just Prestige Properties Limited as Agent for Krunal Patel immediately.
- Vinod Rajagopal, Janisha Gopan is to pay the sum of $4749.90 to Just Prestige Properties Limited as Agent for Krunal Patel immediately, for rent arrear to 23 February 2026, water bills, filing fees and break lease fees, as calculated and set out below: DescriptionLandlord Rent arrears to 23/02/26$5,650.00 Water rates$311.65 Filing fee reimbursement$28.00 Break lease fee$960.25 Total award$6,949.90 Minus Bond$2,200.00 Total payable by Tenant to Landlord$4,749.90
Reasons
- Both parties attended the hearing.
- This is a landlord claim and a tenancy counter claim.
- This was a fixed term tenancy that had commenced on 28 February 2023. There had been several fixed terms agreements entered into over the course of this tenancy. The last 12-month fixed term tenancy commenced on 25 February 20025 and was to end on 23 February 2026.
- Due to financial changes and work commitments the tenants sought to end the fixed term early. The landlord and tenant entered into discussions on an early release. Both parties agree that a break lease fee and rent payment until the end of the fixed term or a new tenancy was applicable.
- The landlord advertised the property and reduced the rental to attract a new tenant. However, the new tenant did not take over the property until after the end of the fixed term tenancy, on 6 March 2026.
- The landlord seeks the break lease fees, rent until the end of the fixed term tenancy, refund of the bond, filing fee, and water bills.
- The tenants claim that they would suffer financial hardship if they were forced to pay the full cost of the break lease fee and the rent until the end of the fixed term. They seek the Tribunal to consider their situation and make a fair and reasonable resolution. Ending a fixed term tenancy early:
- Under section 66(1) of the Residential Tenancies Act 1986, a fixed-term tenancy is binding on both parties for the agreed term unless: -Both parties agree to end it early, or -The Tribunal orders termination on specific grounds (such as hardship under section 66(1)(b)).
- Section 40(1)(a) requires the tenant to pay rent as it becomes due under the tenancy agreement.
- If a tenant leaves early without agreement or a Tribunal order, they remain liable for rent until the end of the fixed term or until a new tenant takes over (whichever is earlier). The landlord must take reasonable steps to mitigate their loss by seeking a replacement tenant.
- A break lease fee may only be charged if it is a reasonable estimate of the actual costs incurred by the landlord in re-letting the property (such as advertising and agent fees).
- In this case, the tenant ended the tenancy early without agreement or a Tribunal order. The landlord did not secure a new tenant until after the fixed term ended. Therefore, the tenant remains liable for rent up to the end of the fixed term.
- Financial hardship alone does not remove the tenant’s obligation to pay rent unless the Tribunal has made an order under section 66(1)(b) to terminate the tenancy on hardship grounds.
- The landlord may also recover reasonable break lease costs, provided they are supported by evidence.
- The rent arrears claimed cover the period of 18 December 2025 to 23 February 2026, which is 9 weeks and 5 days. The total amount of rent arrears owed is $5650.00.
- The landlord has provided a rent summary which shows the rent arrears owed under the tenancy agreement.
- I am satisfied that the landlord has proven their claim for the rent arrears. Break lease fees:
- Under section 44A of the Residential Tenancies Act 1986, when a landlord consents to the early termination of a fixed-term tenancy, the landlord is entitled to recover from the outgoing tenant any expenses reasonably incurred in respect of the termination. The landlord must provide the tenant with an itemised account of these expenses.
- In this case, the landlord has provided a detailed invoice outlining the work carried out and the advertising costs incurred in securing a new tenant. I am satisfied that these costs are fair and reasonable for the work undertaken.
- Accordingly, the tenant is liable to pay the landlord the break lease costs as invoiced. The landlord has complied with their obligations by providing an itemised account, and the costs claimed are reasonable and directly related to the early termination of the tenancy. The tenants’ claims:
- The tenant seeks the Tribunal to consider their financial hardship and whether the landlord did all they could to find a tenant earlier.
- The tenant say they had provided people to the landlord that were potentially tenants to take over the tenancy. However, as the Landlord stated in the hearing, just because a person expresses interest in a property does not mean that they are suitable as new tenants. There are checks and procedures that must be attended to before a new tenancy is offered.
- The tenants have not provided any information that would suggest the landlord has not been fully committed and responsible in finding a new tenant to take over the tenancy.
- The break lease fees I have found fair and reasonable and financial hardship cannot be considered as set out in paragraph 13 of this order.
- I am dismissing the tenants’ claims. As so I cannot grant suppression of their name and details. Filing Fee/ Bond:
- Because Just Prestige Properties Limited as Agent for Krunal Patel has wholly succeeded with the claim I must reimburse the filing fee.
- The bond centre is to refund the bond to the landlord immediately to offset the debt owed by the tenants to the landlord.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s44A, s66(1), s9
Key findings
- Dispute theme: rent arrears
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5452591?
The tribunal order states: The Bond Centre is to pay the bond of $2,200.00 () to Just Prestige Properties
How much money was awarded in case 5452591?
Break Lease Fee: $960.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,650.00 awarded to landlord; Water Rates: $311.65 awarded to landlord
What type of tenancy dispute was case 5452591?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5452591?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13740637-Tenancy_Tribunal_Order.pdf.