Fixed Term Tenancy Agreement Terminated by Mutual Consent
📌 In brief
In this Tenancy Tribunal case, a fixed-term tenancy agreement was terminated by mutual consent between the landlord and tenant. The tenant agreed to pay outstanding rent and cleanup costs, while the landlord was granted possession to clean the property.
⚖️ Legal holding
A tenant is entitled to terminate a fixed-term tenancy agreement by mutual consent with the landlord.
📖 Technical summary
The tenancy agreement was terminated by mutual consent, with the tenant agreeing to pay outstanding rent and cleanup costs.
📜 Headnote Official document
The Tenancy Tribunal granted the termination of a fixed-term tenancy agreement by mutual consent between the landlord and tenant. The tenant agreed to pay outstanding rent and cleanup costs, and the landlord was granted possession to clean the property.
📚 Full judgment Official document
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[2025] NZTT 5156953
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 5pm on Monday 3rd March 2025 by consent.
2. [NAME] is to pay the sum of $549.00 to [COMPANY] immediately.
Description Landlord Tenant Previous order application dated 7 January 2025 $522.00 Filing fee reimbursement $27.00 Total award $549.00 Total payable by Tenant to Landlord $549.00
Reasons:
1. Both parties attended the hearing by telephone.
2. The landlord has applied for termination of the tenancy.
3. The background to this matter is that the parties entered into a tenancy agreement for a fixed term tenancy that was due to end in June 2025.
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4. The landlord has not been able to carry out appropriate inspections given the tenant has failed to make himself available for inspections.
5. The tenant confirmed that he does not reside there yet pays his rent. He works out of the City for long periods of time. He is happy and consents to the tenancy ending. I have made the termination date the Monday the 3rd March 2025 given his rent is paid up to then.
6. However, this is a fixed term tenancy and the tenant confirmed he will continue to pay rent until the landlord is able to re let the property. I will leave that for them to continue that arrangement. Given the costs for the break fee are unknown, that is, it is unknown how long it will take to re let, the amounts are not awarded today. I would expect the landlord to carry this out in a reasonable time frame.
7. The tenant agrees to allow the landlord to complete the clean up and dispose of of all the belongings including a bed. He agrees to pay all such clean up costs and as I say rent until a tenant is found. He took no issue with this even though such costs are not yet known.
8. This is an unusual case; however it is a way to bring these proceedings to an end and give the landlord the opportunity to clean up to relet. I have taken a pragmatic approach given the position taken by the tenant, to agree to this cause of action and his choice not to return to clean up the property. The landlord needs possession to be granted to attend to the clean-up. The evidence is that there is s a significant mess.
9. The bond will remain at the bond centre.
10. The tenant agrees to sign this over to the landlord when the clean-up costs are known and invoiced to him and any outstanding rent and the outstanding payment pursuant to the previous tribunal order. If the amount is over and above the amount of the bond the tenant has agreed to pay this. If there is an issue I would expect to see another application to come before the tribunal. Given the position taken today I hope that would not be required.
11. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
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S Munro
28 February 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant consented to terminate the tenancy early.
- The landlord needed possession to clean up the property and re-let it.
- The tenant agreed to cover cleanup costs and continue paying rent until the property is re-let.
- The tenant acknowledged the significant mess in the property and consented to the landlord's cleanup.
❌ Tends to be rejected
- The exact amount for the cleanup costs and the timeframe for re-letting were not determined at the time of the decision.
- The landlord's inability to inspect the property due to the tenant's unavailability was not directly addressed in the decision's outcome.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted the termination of the fixed-term tenancy agreement by mutual consent, with the tenant agreeing to pay outstanding rent and cleanup costs.
What was the dispute about?
The dispute was about terminating a fixed-term tenancy agreement early, with both parties agreeing to the termination.
How did the court decide, and why?
The court decided to grant the termination by mutual consent because both parties agreed to the terms and conditions set forth in the hearing.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was the mutual consent between the landlord and tenant to terminate the tenancy agreement.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenant agreed to the terms set forth by the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation could terminate their fixed-term tenancy agreement by mutual consent with their landlord, provided both parties agree to the terms.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were presented during the hearing.