Tenant Found Liable for Rent Arrears and Damages After Early Termination
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay the landlord $2,361.50 for rent arrears and damages after the tenant ended the lease early. The landlord also received back the bond amount of $1,440.00.
⚖️ Legal holding
A tenant is liable for rent arrears and damages incurred due to early termination of a lease agreement.
📖 Technical summary
The Tenancy Tribunal awarded the landlord $2,361.50 for rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal awarded the landlord $2,361.50 for rent arrears and damages incurred due to the tenant's early termination of a lease agreement. The landlord also received the bond amount of $1,440.00.
📚 Full judgment Official document
__________________________________________________________________________________ 5027838 1
[2025] NZTT 5027838
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. [NAME] and [NAME] must pay [The landlord/s] $2,361.50 immediately, calculated as shown in table below.
3. [COMPANY] is to pay the bond of $1,440.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Description Landlord Tenant Rent arrears to 4 November 2024 $3,188.00 Rubbish removal $184.00 Advertising for new tenant $402.50 Filing fee reimbursement $27.00 Total award $3,801.50 Bond $1,440.00 Total payable by Tenant to Landlord $2,361.50
Reasons:
1. The landlord attended the hearing which was conducted by phone, with the assistance of [NAME], interpreter.
__________________________________________________________________________________ 5027838 2
2. Attempts were made to ring the tenants on the mobile numbers provided but there was no answer. It appears that they have returned to the Philippines. There was an overseas number that could not be reached via the Teams app. They had made no arrangements to call in for the hearing and so it proceeded without them.
3. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.
4. The tenancy was for a fixed term, commencing on 11 July 2024 and ending on 12 March 2025, however, the tenants moved out and stopped paying rent in September, their last payment being for the week ending 8 September 2024.
5. The tenants are liable for the rent up to 12 March 2025, but the landlord used an agent to advertise and find new tenants who moved in on 5 November 2024. Therefore the landlord seeks lost rental of $3,188 from 9 September to 4 November 2024. Based on the rental records provided I have ordered that amount in rent arrears.
6. The landlord also provided a evidence from [NAME] of a “letting fee” of $402.50. She said this was for advertising and finding new tenants. Given the tenants broke their contract only 2 months into an 8 month tenancy, it is reasonable that the tenants pay this cost.
7. The tenants left some mattresses and other items in the garage which had to be removed. The landlord provided an invoice for $184.00 for removal. That amount is ordered.
8. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Her name is suppressed.
[NAME] 22 April 2025
__________________________________________________________________________________ 5027838 3
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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenants were responsible for rent until the end of their fixed-term lease, but the landlord found new tenants sooner.
- The landlord successfully claimed for lost rent from when the tenants stopped paying until new tenants moved in.
- The landlord's cost for advertising and finding new tenants was deemed reasonable because the original tenants broke their contract early.
- The landlord provided an invoice for removing items left by the tenants, which was accepted as a valid cost.
- The landlord was reimbursed the filing fee because their claim was entirely successful.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided that the tenant must pay the landlord $2,361.50 for rent arrears and damages.
What was the dispute about?
The dispute was about the tenant leaving the property early and owing rent arrears and damages to the landlord.
How did the court decide, and why?
The court decided that the tenant was responsible for the rent arrears and damages because they terminated the lease early without proper notice.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was that the tenant breached the lease agreement by leaving early and causing the landlord to incur damages.
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?
Someone in a similar situation should ensure they follow the terms of their lease agreement and provide proper notice if they need to leave early.
What evidence or documents mattered?
The evidence included rental records, invoices for damages, and a filing fee receipt.