Tenancy Terminated Due to Serious Property Damage
📌 In brief
The Tenancy Tribunal ended a tenant's lease because the tenant caused significant damage to the rental property, including broken windows and holes in walls. The Tribunal ruled that the damage was too severe to continue the tenancy.
⚖️ Legal holding
A tenant's tenancy can be terminated if they cause significant damage to the premises.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the tenant has caused, allowed someone else to cause, or threatened to cause significant damage to the rented property. It also covers situations like overdue rent or assault.
This rule allows the Tenancy Tribunal to end a tenancy if one party breaks the tenancy agreement or the Act. If the problem can be fixed, the other party must first be given a notice to fix it within at least 10 working days.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to serious damage to the premises.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to serious damage to the premises, including broken windows and holes in walls. The Tribunal found that the damage was extensive and had not been remedied despite breach notices.
📚 Full judgment Official document
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[2025] NZTT 5251059
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME] and [NAME], immediately.
2. [NAME] must pay [NAME] and [NAME] $27.00 immediately, being the filing fee on this application
3. The [COMPANY] is to pay the bond of $1,560.00 (BN-00012587) to [NAME] and [NAME] immediately.
Reasons:
1. The landlords attended the hearing represented by [NAME]. The tenant was unable to be contacted on the numbers specified in the Notice of Hearing, which was duly served.
2. The landlords have applied for termination of the tenancy, rent arrears, compensation and refund of the bond.
3. Today was allocated as a preliminary hearing to consider the landlords’ application for termination of the tenancy.
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Should the tenancy be terminated?
4. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
5. Photographs provide by the landlords prove that serious damage has been caused to the premises. I am satisfied that the damage was caused during the tenancy. Many windows are shown to be broken, holes are shown in walls and the premises are in not kept in reasonable condition.
6. That damage provides grounds for termination of the tenancy under s.55(1)(b) RTA. In addition, the landlords have issued the tenant with 14 day breach notices under s.56 RTA. The tenant has not remedied the breaches in terms of those notices. It would be unfair to the landlord not to make an Order terminating the tenancy.
7. The landlord has provided a repair quote which proves that the cost to repair the damage shown in the photographs will significantly exceed the amount of the bond. The landlord’s evidence is that since those photographs were taken, much more damage has been caused and yesterday police help was required to secure and board up the premises.
8. As there is no certainty about when the landlords will have the information necessary to quantify their compensation claims, it is appropriate that the current application be determined by this Order. The landlord can then bring any claim for rent arrears and/ or compensation, when that information is to hand.
9. [NAME] have succeeded with the claim I must reimburse the filing fee.
[NAME]
03 June 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
- Serious damage was proven to have occurred during the tenancy.
- The damage significantly exceeded the amount of the bond.
- The tenant did not remedy the breaches as notified.
- The landlords provided photographic evidence of the damage.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenant's tenancy due to serious damage to the rental property.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated because of significant damage to the rental property.
How did the court decide, and why?
The court decided to terminate the tenancy because the damage was extensive and had not been remedied despite breach notices.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(b) and 56 were applied.
What was the argument that mattered most?
The argument that mattered most was the extent of the damage and the failure to remedy it despite breach notices.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
For tenants, this means that causing significant damage to a rental property could lead to the termination of their tenancy.
What evidence or documents mattered?
Photographs showing the extent of the damage and repair quotes were important pieces of evidence.