Tenancy Tribunal Ends Fixed Term Tenancy Due to Tenant Abandonment
📌 In brief
The Tenancy Tribunal ended a fixed-term tenancy after the tenants abandoned the rental property without paying rent or addressing damages. The tribunal ordered them to pay outstanding rent, water rates, and other costs associated with ending the lease early.
⚖️ Legal holding
A tenant in a fixed term tenancy remains liable for rent until the end of the term or when new tenants are found.
📖 Technical summary
The Tribunal terminated a fixed-term tenancy and ordered tenants to pay arrears, damages, and costs.
📜 Headnote Official document
The Tenancy Tribunal terminated a fixed-term tenancy and ordered the tenants to pay rent arrears, water rates, break lease costs, cleaning fees, lawn mowing charges, and compensation for damage to the stovetop. The decision was based on the tenants' abandonment of the property.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5506999
TENANCY TRIBUNAL AT WHANGAREI | TE TARAIPIUNARA RETIHANGA KI WHANGĀREI-TERENGA-PARĀOA
APPLICANT: [redacted] [NAME])
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [RESPONDENT] and [RESPONDENT] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] On Behalf Of [NAME], at 11.59pm on Friday 26 June 2026.
2. The [COMPANY] is to pay the bond of $3,600.00 (00170535) to [RESPONDENT] immediately.
3. [RESPONDENT] and [RESPONDENT] must pay [COMPANY] (as agent for [NAME]) $4,392.66 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 26 June 2026 $5,628.57 Water rates $252.59 Break lease costs $690.00 Repairs: Damage to stovetop $750.00 Cleaning $471.00 Lawns and Garden work $172.50 Filing fee reimbursement $28.00 Total award $7,992.66 Bond $3,600.00 Total payable by Tenant to Landlord $4,392.66
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Reasons:
Background
1. This was a fixed term tenancy commencing on 1 November 2025 and ending on 1 February 2027.
2. In May 2026, the tenants contacted [NAME] advising that they intended to leave the tenancy.
3. [NAME] (Mr [NAME]) replied, reminding the tenants that they were in a fixed term tenancy. Mr [RESPONDENT] 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.
4. The tenants haven’t been seen at the premises since May 2026. Mr [NAME] has been unable to contact them.
5. The application seeks termination, rent arrears, water rates, break lease costs, cleaning, lawn mowing, and compensation for damage to the stovetop.
6. The hearing took place by video conference on 3 June 2026. Mr [RESPONDENT] represented the landlord at the hearing. There was no appearance by the tenants.
Termination, rent arrears, water rates
7. The last rent payment was made on 6 March 2026.
8. On the evidence provided to me I am satisfied that the tenants abandoned the premises sometime in March.
9. The landlord has found new tenants, and the new tenancy begins on 27 June 2026.
10. 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).
11. The rent arrears to 26 June 2026 totals $5,628.57. I have made an order terminating this tenancy at that date.
12. Mr [NAME] 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
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13. A landlord who consents to the tenant surrendering a tenancy may recover reasonable costs associated with that consent.1
14. Landlords who seek recovery of this type of cost must provide the tenant with an itemised account of the expenses.2
15. Mr [APPELLANT] sent the tenants an email 11 May providing a breakdown of the break lease cost. He sent an invoice on 18 May.
16. 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
17. Mr [NAME] photographs show that there was a gouge and crack on the ceramic stovetop at the end of the tenancy.
18. The damage is not present on the entry photographs.
19. The damage occurred during the tenancy and the damage is beyond fair wear and tear.
20. The proven cost of replacing the cooktop is $908.50.
21. Given the nature and location of the damage, in my view it is almost certainly careless damage rather than intentional.
22. 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.
23. Both parties attended the hearing.
24. 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
25. The landlord’s photographs show that the premises were not left reasonably clean and tidy.
26. The lawns were overgrown.
27. 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
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Filing fee, bond
28. The landlord was successful in this application and I must also award the filing fee of $28.00
29. The bond will be released to the landlord.
N [RESPONDENT]
03 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 [NAME] 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenant Ordered to Pay $6,512.25 for Repairs and Cleaning Costs
- Tenancy Tribunal Tenant Wins Compensation for Landlord's Failure to Maintain Property
- Tenancy Tribunal Tenant Ordered to Pay Landlord $3,519.97 for Rent Arrears and Damage
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Arrears and Rates
- Tenancy Tribunal Tenant's Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fee
- Tenancy Tribunal Tenancy Terminated Due to Tenant’s Absence at Hearing
- Tenancy Tribunal Tenant Must Pay $1,924 in Rent Arrears and Damages
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Return Bond
- Tenancy Tribunal Tenant Ordered to Pay $4,377.91 in Rent Arrears and Costs
- Tenancy Tribunal Tribunal Orders Tenant to Clean Property or Face Penalties
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Arrears and Repairs
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant remains liable for rent until the end of the term or when new tenants are found.
- Tenant must pay outstanding rent and return bond if no disputes over damages.
- Tenant is responsible for rent arrears, water rates, and damage beyond fair wear and tear.
- Tenant must comply with payment obligations to avoid tenancy termination.
- Tenant must keep rental property reasonably clean and tidy as per section 40(1) of the Residential Tenancies Act 1986.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated a fixed-term tenancy and ordered the tenants to pay various amounts including rent arrears.
Who was involved?
A landlord represented by an agent and two tenants were involved in this case.
How did the court decide, and why?
The tribunal decided that since the tenants abandoned the property during a fixed-term tenancy, they remained liable for rent until new tenants were found or the end of the term.
Which laws or rules were applied?
The Residential Tenancies Act 1986 was cited in relation to termination and costs associated with ending a lease early.
What was the argument that mattered most?
The landlord argued that tenants remained liable for rent until new tenants were found, which was accepted by the tribunal.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord.
What does this mean for someone in a similar situation?
Tenants should be aware that abandoning a fixed-term tenancy can result in significant financial liabilities.
What evidence or documents mattered?
Evidence included rent payment records, water bills, and photographs of property damage.
Can a decision like this be appealed?
Yes, either party may appeal the decision to the District Court within 10 working days.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for such cases.