Tenant's Claim for Compensation Dismissed by Tenancy Tribunal

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[2026] NZTT 5494509

TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted] Agent For [COMPANY_3]

Landlord

TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]

ORDER

The application is dismissed.

Reasons:

1. Both parties attended the hearing.

2. The tenant seeks compensation in the form of moving costs ($560) and carpet cleaning costs ($150) that the tenant incurred (or will be incurring) in this 3- month fixed term tenancy.

3. The tenant contends that she was not aware that planned renovation works will be carried out on the apartment building in September or October 2026, which will necessitate the tenant having to vacate earlier than the 1 year that they expect to reside at the premises.

4. However, the parties’ tenancy agreement is only for a fixed term of 3 months until 30 June 2026 after which the agreement will automatically convert to periodic.

5. Any expectation that the tenant has or intends to rely upon must be based on the express and stated terms of the tenancy agreement.

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6. The landlord’s email to the tenant on 16 March 2026 makes it clear that the offer for the tenancy is “for a fixed term of 3 months which automatically converts to periodic afterwards”. The tenant’s response by return email on the same day is “yes I am happy to sign with that”.

7. If the landlord had represented to the tenant that this tenancy is meant to be for a longer term, of say 1 year, as alleged by the tenant, then I would expect the tenant to not reply with a “yes” to only entering into a 3-month fixed term tenancy. The tenant should have responded with “no”, I expect to stay for at least 1 year, so please redraft the agreement to reflect a fixed term of 1 year.

8. The landlord denies ever undertaking with the tenant to give them a term which is longer than 3 months. As it is, under the terms of a fixed term tenancy, either party can give 21 day’s notice prior to the expiry of the fixed term that they do not intend to renew the fixed term tenancy.

9. The landlord says that they have not given any notice to the tenant about not letting the fixed term tenancy roll over automatically to periodic on 30 June 2026. The landlord has also not given the tenant any formal notice about when the periodic tenancy might come to an end in which case the landlord would be obliged to give 90 days’ notice (without giving any reasons, under section 51 Residential Tenancies Act 1986).

10. The landlord also says that no notification has been given by the [NAME_4] about renovation works which is presently worrying the tenant. Any news of works being required to be done in September or October 2026 remains hearsay only.

11. Be that as it may, the material issue before the Tribunal is whether the landlord had represented or agreed to provide the tenant with a tenancy term that is long term or at least one year.

12. The clear written evidence before me is no, the tenancy agreement signed by the parties is only for a fixed term of 3 months after which it becomes periodic.

13. That being the case, there is no basis for the tenant to allege that the landlord is in breach of the tenancy agreement in place.

14. I must therefore dismiss the tenant’s claim for compensation for moving costs.

15. As for carpet cleaning costs, the Residential Tenancies Act 1986 (‘[NAME_5]’) provides that tenants are only obliged to leave the premises reasonably clean and tidy at the end of the tenancy.

16. Here, section 17 of the tenancy agreement states:

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“…at the conclusion of the tenancy, the carpets will be inspected to see if they meet the standard of reasonably clean and tidy….”

17. I do not consider section 17 of the tenancy agreement, as it is presently drafted, to contradict the [NAME_5] standard of cleaning, ie., reasonably clean and tidy.

18. For those reasons, the tenant’s claim for compensation of $710.00 fails.

J Tam

02 June 2026

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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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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: