Tenant Ordered to Pay $1,084.81 for Early Termination Costs
📌 In brief
The Tenancy Tribunal ordered a tenant to pay a landlord $1,084.81 for various costs related to the early termination of a fixed-term tenancy. These costs included water rates, costs of breaking the lease, lock/key replacement, and filing fees.
⚖️ Legal holding
A tenant is required to pay the landlord reasonable costs incurred due to early termination of a fixed-term tenancy.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $1,084.81 for various costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,084.81 for costs including water rates, costs of breaking the lease, lock/key replacement, and filing fees. The tenant did not attend the hearing and was called on the phone.
📚 Full judgment Official document
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[2025] NZTT 5068728
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], The Ascent
ORDER
1. [NAME] must pay [COMPANY] [NAME] For [NAME] $1,084.81 immediately, calculated as shown in table below.
Description Landlord Tenant Water rates $49.43 Costs of breaking lease $605.00 Lock/key replacement $403.38 Filing fee reimbursement $27.00 Total award $1,084.81 Total payable by Tenant to Landlord $1,084.81
Reasons:
1. This matter was heard by me today by video. The landlord attended. The tenant did not attend by video so was called on the phone number in the application.
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The calls were not answered. I am satisfied that the tenant was told about today’s hearing and therefore I have proceeded in his absence.
2. The landlord seeks payment of water rates, leak break fee, lock replacement and filing fee following the end of the tenancy.
3. The landlord applied to the Tribunal for rent arrears on the 12 November 2024. Soon after making the application the landlord became aware that the tenant had vacated the tenancy.
4. The tenant wanted to end his fixed term tenancy and agreed to the landlord getting a new tenant. The landlord found a replacement tenant whose tenancy began on the 5 December 2024.
5. On the 18 December I made orders releasing the bond to the landlord in satisfaction of some of the rent arrears and requiring the tenant to pay the balance of rent owed to the end of the tenancy of $1,241.43.
6. When a tenant breaks their fixed tenancy then they are liable for the reasonable costs incurred by the landlord in reletting the property. The landlord had to readvertise (trade me $200) conduct viewings (x4) and prepare documents and credit checks for the new tenancy. The amounts sought by the landlord are reasonable for the work performed by the landlord and those amounts are proven.
7. The tenant did not hand back the swipe card and keys as requested and promised by him. The landlord had to get a new swipe card and keys for the incoming tenant. The landlord’s costs are proven.
8. The tenant did not pay all the water rates. The landlord provided me with invoices and has proven their claim.
9. [COMPANY] [NAME] For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
T Prowse
25 March 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 landlord had to readvertise the property, which cost $200.
- Conducting viewings for the new tenant cost the landlord time and effort.
- Preparing documents and conducting credit checks for the new tenant were necessary.
- The tenant did not return the swipe card and keys, leading to replacement costs of $403.38.
- Unpaid water rates were proven by invoices provided by the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay the landlord $1,084.81 for various costs related to the early termination of a fixed-term tenancy.
What was the dispute about?
The dispute was about the landlord's request for payment of costs associated with the early termination of a fixed-term tenancy.
How did the court decide, and why?
The court decided in favour of the landlord, ruling that the tenant must pay the specified amount because the costs were deemed reasonable and proven.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for paying reasonable costs incurred by the landlord due to the early termination of the tenancy.
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 expect to pay reasonable costs if they terminate a fixed-term tenancy early.
What evidence or documents mattered?
The judgment mentions invoices for water rates and costs of breaking the lease, among other evidence.