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AllowedTenancy Tribunal·

Tenant Ordered to Pay $4,377.91 in Rent Arrears and Costs

Case No. [2026] NZTT 5453352

📌 In brief

In this case, a tenant was ordered by the Tenancy Tribunal at Wellington to pay their landlord $4,377.91 for unpaid rent and various costs incurred because of the tenant's failure to comply with end-of-tenancy obligations such as returning keys and security devices.

⚖️ Legal holding

A tenant must comply with their obligations at the end of a tenancy, including payment of outstanding debts and return of keys and security devices.

Topics

rent arrearstenancy termination

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.40

This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean, and, when moving out, leaving the premises tidy and removing all belongings and rubbish. It also requires the tenant to return keys and security devices upon leaving the property.

Plain-English explanation — does not replace advice from a lawyer.

📖 Technical summary

The claimant successfully recovered rent arrears and costs from the respondent.

📜 Headnote Official document

The Tenancy Tribunal at Wellington ruled that the tenant must pay the landlord $4,377.91 for rent arrears and other costs due to non-compliance with tenancy obligations such as returning keys and security devices.

📚 Full judgment Official document

OUTCOME: Allowed

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[2026] NZTT 5453352

TENANCY TRIBUNAL AT WELLINGTON | TE TARAIPIUNARA RETIHANGA KI TE WHANGANUI-A-TARA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/Flat 712, 35 Abel Smith, Te aro, Wellington 6011, Southern Cross apartments

ORDER

1. [RESPONDENT] must pay [COMPANY] As Agents For [COMPANY] $4,377.91 immediately, calculated as shown in the table below.

2. The landlord may dispose of the goods left at the premises by the tenant as the landlord sees fit.

Description Landlord Tenant Rent arrears to 6.11.2025 $5,815.71 Lock/key replacement: letter box and entry door $514.02 Swipe card tag replacement $99.96 Lock out call fee during tenancy $60.00 Power invoice of $250.22 less bond of $150 $100.22 Disposal costs $120.00 Filing fee reimbursement $28.00 Bond refund received by the landlord $2,360.00 Total award $6,737.91 $2,360.00 Net award $4,377.91 Total payable by Tenant to Landlord $4,377.91

Reasons:

1. The landlord attended the hearing represented by Mr [APPELLANT] and [NAME]. The tenant did not attend the hearing.

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2. The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The tenant already released the bond in full to the landlord to offset some of the rent owed.

3. This was a fixed term tenancy that started on 26 April 2025 and was not due to end until 26 April 2026. However, the tenant stopped paying rent and vacated the premises. The landlord did not consent to early termination of the fixed term tenancy. The landlord immediately took steps to mitigate their loss by advertising the premises for let and found a new tenant to rent the premises from 7 November 2025. Therefore, this tenancy ended on 6 November 2025.

How much is owed for rent and power?

4. The landlord provided rent records and a power invoice which prove the amounts owing at the end of the tenancy on 6 November 2025. The power company invoice was partially settled by deducting the power bond of $150 paid to the supplier by the tenant.

Did the tenant comply with their obligations at the end of the tenancy?

5. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986(RTA).

6. The tenant did not return the keys to the entry door, the keys to the letterbox, nor the swipe card tags which had to be replaced.

7. The tenant did not pay a lock out call fee which occurred during the tenancy.

8. The amounts ordered are proved.

Disposal of goods

9. The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy and the disposal costs.

10. The landlord contacted the tenant several times to arrange for the tenant to collect the goods, but the tenant failed to collect the goods.

11. It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) RTA.

12. I am satisfied that the amount claimed to dispose of the goods including tip fees, trailer hire and labour are reasonable.

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13. As the landlord has substantially succeeded with the claims, they are entitled to reimbursement of the filing fee.

[NAME]

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 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, 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. A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou

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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aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

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 complies with obligations by paying outstanding debts and returning keys and security devices.
  • Tenant agrees to pay arrears and comply with conditions set by the Tribunal.
  • Tenant pays rent arrears and reimburses filing fees when proven in court.
  • Tenant is required to pay rent on time or face termination of tenancy and financial penalties.
  • Tenant's failure to pay rent for at least 21 days can lead to termination of their tenancy.

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 $4,377.91 for rent arrears and other costs.

Who was involved?

A landlord and a tenant were involved in the dispute.

How did the court decide, and why?

The court decided that the tenant must comply with their obligations at the end of the tenancy, including paying rent arrears and replacing security devices.

Which laws or rules were applied?

Section 40(1)(e) of the Residential Tenancies Act 1986 was applied.

What was the argument that mattered most?

The tenant's failure to return keys and pay for security device replacements mattered most.

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 must comply with their obligations at the end of a tenancy to avoid financial penalties.

What evidence or documents mattered?

Rent records and invoices were key pieces of evidence.

Can a decision like this be appealed?

Yes, decisions can be appealed within 10 working days to the District Court.

Is it worth getting a lawyer for a case like this?

It is recommended to seek legal advice from a qualified lawyer for specific cases.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.