Tenant ordered to pay $9,704.58 for rent arrears and compensation
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $9,704.58 to the landlord for rent arrears and compensation. The tenant failed to return keys and consented to early termination of the tenancy, leading to additional costs.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for non-compliance with obligations at the end of the tenancy.
📖 What the law says
This rule outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean, and leaving the premises tidy and returning keys when the tenancy ends. In this case, the tenant was ordered to pay for rent arrears and for not returning keys.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully recovered rent arrears and other costs from the respondent.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $9,704.58 to the landlord for rent arrears and compensation for failing to return keys and consenting to early termination of the tenancy. The order incorporated previous decisions and dismissed claims for exemplary damages.
📚 Full judgment Official document
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[2025] NZTT 5165863
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] $9,704.58 immediately, calculated as shown in table below.
2. This order incorporates the Tribunal order made on 10 October 2024 under applications 4896261 and 4969958.
3. The Bond Centre is to pay the bond of $1,215.00 (3007190-008) to [COMPANY] immediately.
Description Landlord Tenant Rent arrears $4,802.14 Previous order application 4896261 dated 10/10/2024 $4,475.44 Lock/key replacement $50.00 Break lease costs $1,565.00 Filing fee reimbursement $27.00 Total award $10,919.58 Bond $1,215.00 Total payable by Tenant to Landlord $9,704.58
4. All other applications are dismissed.
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Reasons:
1. Both parties attended the remote hearing.
2. The landlord has applied for rent arrears, compensation, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
3. The tenancy ended on 31 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $9,257.14 (which included the rent arrears order previously made by the Tribunal).
Did the tenant comply with their obligations at the end of the tenancy?
4. At the end of the tenancy the tenant must return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”).
5. The tenant did not return the keys. The landlord provided an invoice for $50.00.
6. This was a fixed term tenancy due to end on 22 February 2026. Where a landlord consents to an early termination of a tenancy, the landlord is entitled to recover from the outgoing tenant any expenses reasonably incurred in relation with the surrender of the contract ( see s.44 RTA). The landlord provided an invoice for break lease costs of $1,565.00. This included 22 separate property viewings.
7. The amounts ordered are proved.
8. The landlord applied for exemplary damages, for what the landlord indicated was a breach of an enforceable undertaking by the tenant. The landlord said that the tenant's failure to comply with the Tribunal’s order dated 10 October 2024 amounted to such a breach.
9. Section 126 N RTA provides that “the chief executive and a party to a tenancy may agree in writing that the party will undertake by a specified date [an enforceable undertaking] to” carry out certain actions, which includes the payment of money to another party.
10. “Chief Executive” is defined in the RTA as being the chief executive of the Ministry of Housing and Urban Development.
11. No agreement in writing has been entered into by the tenant and the chief executive, that the tenant will undertake to pay money owed to the landlord by a specified date. An order of the Tribunal for a party to pay money to another party does not amount to an enforceable undertaking as defined in the RTA. The application for exemplary damages by the landlord is dismissed.
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12. On 10 October 2024, the Tribunal made an order relating to this tenancy, for rent arrears to 9 October 2024 and the filing fee. The previous order is incorporated into this order for enforcement purposes.
13. As [COMPANY] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
S Young
22 April 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 tenant must pay rent arrears as proven by the landlord's rent records.
- The tenant must compensate the landlord for not returning the keys, costing $50.00.
- The tenant must cover the break lease costs of $1,565.00, including property viewings.
- The tenant must reimburse the filing fee as the landlord substantially succeeded with the claim.
❌ Tends to be rejected
- The landlord's request for exemplary damages based on the tenant's failure to comply with a previous Tribunal order was dismissed.
- The landlord's application for exemplary damages was dismissed as no written agreement was made between the tenant and the chief executive for an enforceable undertaking.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay $9,704.58 to the landlord for rent arrears and compensation.
What was the dispute about?
The landlord claimed rent arrears and compensation for the tenant's failure to return keys and consent to early termination of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not return keys and agreed to early termination, resulting in additional costs.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40 and 44 were applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to return keys and consented to 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 ensure they fulfill their obligations at the end of the tenancy to avoid additional costs.
What evidence or documents mattered?
The evidence included rent records and invoices for key replacement and break lease costs.