What was the outcome of Tenancy Tribunal case 5506999?

The tribunal order states: The tenancy of Tan THI Tran and Tung Ba Duong at 1 Sexton Place, Manurewa

How much money was awarded in case 5506999?

Break Lease Costs: $690.00 awarded to landlord; Cleaning: $471.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $172.50 awarded to landlord; Rent Arrears: $5,628.57 awarded to landlord; Property Damage: $750.00 awarded to landlord; Water Rates: $252.59 awarded to landlord

What type of tenancy dispute was case 5506999?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 5506999?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13691536-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5506999?

The tribunal order states: The tenancy of Tan THI Tran and Tung Ba Duong at 1 Sexton Place, Manurewa

How much money was awarded in case 5506999?

Break Lease Costs: $690.00 awarded to landlord; Cleaning: $471.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $172.50 awarded to landlord; Rent Arrears: $5,628.57 awarded to landlord; Property Damage: $750.00 awarded to landlord; Water Rates: $252.59 awarded to landlord

What type of tenancy dispute was case 5506999?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 5506999?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13691536-Tribunal_Order.pdf.

1 Sexton Place, Manurewa East, Auckland 2102 Tenancy Tribunal Case 5506999 — Rent arrears

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1 Sexton Place, Manurewa East, Auckland 2102 Tenancy Tribunal Case 5506999 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5506999 — net $4,392.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 June 2026	$5,628.57	Rent arrears to 26 June 2026
Water rates	$252.59	12. Mr Jain provided water rates invoices and a record of the tenants’ payments towards water during the tenancy.
Break lease costs	$690.00	Break lease costs
Repairs: Damage to stovetop	$750.00	Repairs: Damage to stovetop
Cleaning	$471.00	Cleaning
Lawns and Garden work	$172.50	Lawns and Garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,392.66
Total payable by Tenant to Landlord	$4,392.66

Claims and awards for application 5506999 — net $4,392.66 NZD. Verify on MoJ.

Rent arrears to 26 June 2026

Amount: $5,628.57
Awarded to: Landlord
Reason: Rent arrears to 26 June 2026

Water rates

Amount: $252.59
Awarded to: Landlord
Reason: 12. Mr Jain provided water rates invoices and a record of the tenants’ payments towards water during the tenancy.

Break lease costs

Amount: $690.00
Awarded to: Landlord
Reason: Break lease costs

Repairs: Damage to stovetop

Amount: $750.00
Awarded to: Landlord
Reason: Repairs: Damage to stovetop

Cleaning

Amount: $471.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage Water Rates

Order

The tenancy of Tan THI Tran and Tung Ba Duong at 1 Sexton Place, Manurewa East, Auckland 2102 is terminated, and possession is granted to Street Smart Property Management Limited On Behalf Of Thaile & Sensen Luan, at 11.59pm on Friday 26 June 2026.
The Bond Centre is to pay the bond of $3,600.00 (00170535) to Street Smart Property Management Limited immediately.
Tan THI Tran and Tung Ba Duong must pay Street Smart Property Management Limited (as agent for Thaile & Sensen Luan) $4,392.66 immediately, calculated as shown in the table below:

Reasons

Background

This was a fixed term tenancy commencing on 1 November 2025 and ending on 1 February 2027.
In May 2026, the tenants contacted Street Smart advising that they intended to leave the tenancy.
Street Smart (Mr Jain) replied, reminding the tenants that they were in a fixed term tenancy. Mr Jain stated that the landlord was willing to release the tenants from the tenancy on the condition that the tenants remain liable for rent until new tenants are found, and that the tenants paid the landlord’s reasonable costs of finding new tenants.
The tenants haven’t been seen at the premises since May 2026. Mr Jain has been unable to contact them.
The application seeks termination, rent arrears, water rates, break lease costs, cleaning, lawn mowing, and compensation for damage to the stovetop.
The hearing took place by video conference on 3 June 2026. Mr Jain represented the landlord at the hearing. There was no appearance by the tenants. Termination, rent arrears, water rates
The last rent payment was made on 6 March 2026.
On the evidence provided to me I am satisfied that the tenants abandoned the premises sometime in March.
The landlord has found new tenants, and the new tenancy begins on 27 June 2026.
This was a fixed term tenancy. Fixed term tenancies cannot be ended by notice. Even if they leave the tenancy, the tenants remain liable for rent arrears to the end of the fixed term tenancy or to the date that a new tenancy begins (whichever is the sooner).
The rent arrears to 26 June 2026 totals $5,628.57. I have made an order terminating this tenancy at that date.
Mr Jain provided water rates invoices and a record of the tenants’ payments towards water during the tenancy. There are proven water rates arrears of $252.59. Break lease fee
A landlord who consents to the tenant surrendering a tenancy may recover reasonable costs associated with that consent. 1
Landlords who seek recovery of this type of cost must provide the tenant with an itemised account of the expenses. 2
Mr Jain sent the tenants an email 11 May providing a breakdown of the break lease cost. He sent an invoice on 18 May.
The costs claimed relate to advertising and other costs that were a direct result of the tenant leaving the fixed term tenancy early. The costs claimed are fair and reasonable. Stovetop
Mr Jain’s photographs show that there was a gouge and crack on the ceramic stovetop at the end of the tenancy.
The damage is not present on the entry photographs.
The damage occurred during the tenancy and the damage is beyond fair wear and tear.
The proven cost of replacing the cooktop is $908.50.
Given the nature and location of the damage, in my view it is almost certainly careless damage rather than intentional.
A tenant’s liability for careless damage is limited the amount of the landlord’s insurance excess. 3 In this instance, the excess is $750.00.
Both parties attended the hearing.
The landlord has applied for termination of the tenancy for abandonment through the expedited process under section 91AA Residential Tenancies Act 1986. Cleaning and lawnmowing
The landlord’s photographs show that the premises were not left reasonably clean and tidy.
The lawns were overgrown.
The amounts claimed for cleaning and mowing are proven, and are fair and reasonable. 1 Section 44A(1) Residential Tenancies Act 1986 (“RTA”) 2 Section 44A(2) RTA 3 Section 49B(3) RTA s Filing fee, bond
The landlord was successful in this application and I must also award the filing fee of $28.00
The bond will be released to the landlord.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5506999 — net $4,392.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 June 2026	$5,628.57	Rent arrears to 26 June 2026
Water rates	$252.59	12. Mr Jain provided water rates invoices and a record of the tenants’ payments towards water during the tenancy.
Break lease costs	$690.00	Break lease costs
Repairs: Damage to stovetop	$750.00	Repairs: Damage to stovetop
Cleaning	$471.00	Cleaning
Lawns and Garden work	$172.50	Lawns and Garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,392.66
Total payable by Tenant to Landlord	$4,392.66

Claims and awards for application 5506999 — net $4,392.66 NZD. Verify on MoJ.

Rent arrears to 26 June 2026

Amount: $5,628.57
Awarded to: Landlord
Reason: Rent arrears to 26 June 2026

Water rates

Amount: $252.59
Awarded to: Landlord
Reason: 12. Mr Jain provided water rates invoices and a record of the tenants’ payments towards water during the tenancy.

Break lease costs

Amount: $690.00
Awarded to: Landlord
Reason: Break lease costs

Repairs: Damage to stovetop

Amount: $750.00
Awarded to: Landlord
Reason: Repairs: Damage to stovetop

Cleaning

Amount: $471.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage Water Rates

Order

The tenancy of Tan THI Tran and Tung Ba Duong at 1 Sexton Place, Manurewa East, Auckland 2102 is terminated, and possession is granted to Street Smart Property Management Limited On Behalf Of Thaile & Sensen Luan, at 11.59pm on Friday 26 June 2026.
The Bond Centre is to pay the bond of $3,600.00 (00170535) to Street Smart Property Management Limited immediately.
Tan THI Tran and Tung Ba Duong must pay Street Smart Property Management Limited (as agent for Thaile & Sensen Luan) $4,392.66 immediately, calculated as shown in the table below:

Reasons

Background

This was a fixed term tenancy commencing on 1 November 2025 and ending on 1 February 2027.
In May 2026, the tenants contacted Street Smart advising that they intended to leave the tenancy.
Street Smart (Mr Jain) replied, reminding the tenants that they were in a fixed term tenancy. Mr Jain stated that the landlord was willing to release the tenants from the tenancy on the condition that the tenants remain liable for rent until new tenants are found, and that the tenants paid the landlord’s reasonable costs of finding new tenants.
The tenants haven’t been seen at the premises since May 2026. Mr Jain has been unable to contact them.
The application seeks termination, rent arrears, water rates, break lease costs, cleaning, lawn mowing, and compensation for damage to the stovetop.
The hearing took place by video conference on 3 June 2026. Mr Jain represented the landlord at the hearing. There was no appearance by the tenants. Termination, rent arrears, water rates
The last rent payment was made on 6 March 2026.
On the evidence provided to me I am satisfied that the tenants abandoned the premises sometime in March.
The landlord has found new tenants, and the new tenancy begins on 27 June 2026.
This was a fixed term tenancy. Fixed term tenancies cannot be ended by notice. Even if they leave the tenancy, the tenants remain liable for rent arrears to the end of the fixed term tenancy or to the date that a new tenancy begins (whichever is the sooner).
The rent arrears to 26 June 2026 totals $5,628.57. I have made an order terminating this tenancy at that date.
Mr Jain provided water rates invoices and a record of the tenants’ payments towards water during the tenancy. There are proven water rates arrears of $252.59. Break lease fee
A landlord who consents to the tenant surrendering a tenancy may recover reasonable costs associated with that consent. 1
Landlords who seek recovery of this type of cost must provide the tenant with an itemised account of the expenses. 2
Mr Jain sent the tenants an email 11 May providing a breakdown of the break lease cost. He sent an invoice on 18 May.
The costs claimed relate to advertising and other costs that were a direct result of the tenant leaving the fixed term tenancy early. The costs claimed are fair and reasonable. Stovetop
Mr Jain’s photographs show that there was a gouge and crack on the ceramic stovetop at the end of the tenancy.
The damage is not present on the entry photographs.
The damage occurred during the tenancy and the damage is beyond fair wear and tear.
The proven cost of replacing the cooktop is $908.50.
Given the nature and location of the damage, in my view it is almost certainly careless damage rather than intentional.
A tenant’s liability for careless damage is limited the amount of the landlord’s insurance excess. 3 In this instance, the excess is $750.00.
Both parties attended the hearing.
The landlord has applied for termination of the tenancy for abandonment through the expedited process under section 91AA Residential Tenancies Act 1986. Cleaning and lawnmowing
The landlord’s photographs show that the premises were not left reasonably clean and tidy.
The lawns were overgrown.
The amounts claimed for cleaning and mowing are proven, and are fair and reasonable. 1 Section 44A(1) Residential Tenancies Act 1986 (“RTA”) 2 Section 44A(2) RTA 3 Section 49B(3) RTA s Filing fee, bond
The landlord was successful in this application and I must also award the filing fee of $28.00
The bond will be released to the landlord.

Tenancy Tribunal case 5506999 — Rent arrears at 1 Sexton Place, Manurewa East, Auckland 2102

At a glance

Tenancy Tribunal case 5506999 — Rent arrears at 1 Sexton Place, Manurewa East, Auckland 2102

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