Tenant ordered to pay $2,625.29 for rent arrears and break lease costs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $2,625.29 for rent arrears and break lease costs after the tenant requested an early release from a fixed-term tenancy. The landlord provided proof of the amount owing and the invoice for break lease fees was deemed reasonable.
⚖️ Legal holding
A tenant must pay rent arrears and reasonable break lease costs when released from a fixed-term tenancy.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and break lease costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $2,625.29 for rent arrears and break lease costs after the tenant sought an early release from a fixed-term tenancy. The landlord had provided proof of the amount owing and the invoice for break lease fees was considered reasonable.
📚 Full judgment Official document
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[2025] NZTT 5116814
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $2,625.29 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $1,954.29 Landlord break lease costs $644.00 Filing fee reimbursement $27.00 Total award $2,625.29 Total payable by Tenant to Landlord $2,625.29
Reasons:
1. The landlord attended the remote hearing.
2. The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The first call to the tenant appeared to be answered and then the call was immediately disconnected. The second call to the tenant went through to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
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3. The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent ?
4. The tenancy ended on 15 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,954.24.
Break lease costs
5. This was a fixed term tenancy due to end on 23 November 2025. The tenant sought and was granted an early release of the fixed term. The agreement for an early release was conditional upon the tenant paying the landlord’s reasonable and actual break lease fees (see s.44A Residential Tenancy Act 1986). The landlord provided the tenant with an invoice for those break lease fees for $644.00. I consider the invoice to be reasonable.
6. As [COMPANY] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
S Young
27 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 provided proof of rent arrears amounting to $1,954.24.
- The landlord received an early release from the fixed-term tenancy and was granted reasonable break lease costs of $644.00.
- The landlord was reimbursed for the filing fee of $27.00.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or arguments against the landlord's claims.
- The tenant did not attend the hearing, which could have provided an opportunity to present their side of the story.
- The tenant did not challenge the reasonableness of the break lease costs as requested by the agreement.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay $2,625.29 for rent arrears and break lease costs.
What was the dispute about?
The dispute was about the tenant's obligation to pay rent arrears and break lease costs after requesting an early release from a fixed-term tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and break lease costs because the landlord provided proof of the amount owing and the invoice for break lease fees was considered reasonable.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 44A was applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord provided proof of the amount owing and the invoice for break lease fees was considered reasonable.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have proof of the amount owing and that the invoice for break lease fees is reasonable.
What evidence or documents mattered?
The rent records and the invoice for break lease fees mattered.