Tenant Ordered to Pay Rent Arrears and Break Lease Fees
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and a break lease fee after the tenant failed to comply with their obligations under the tenancy agreement.
⚖️ Legal holding
A tenant must pay rent arrears, water rates, and reasonable break lease fees if they breach the tenancy agreement.
📖 What the law says
This section states that a tenant is responsible for paying rent when it is due according to their tenancy agreement. It also outlines other responsibilities, such as keeping the premises clean and tidy, and leaving them in good condition when moving out.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and break lease fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and a break lease fee after the tenant failed to comply with their obligations under the tenancy agreement.
📚 Full judgment Official document
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[2025] NZTT 5041629
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] - As Agent For [NAME] $5,828.52 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 21/11/2024 $8,000.00 Water rates to 21/11/2024 $426.52 Other $80.00 Lock/key replacement $180.00 Break lease fee $1,115.00 Filing fee reimbursement $27.00 Total award $9,828.52 Bond $4,000.00 Total payable by Tenant to Landlord $5,828.52
2. The Bond Centre is to pay the bond of $4,000.00 (6530176-007) to [COMPANY] - As Agent For [NAME] immediately.
Reasons:
3. The landlord attended the hearing. The tenant did not.
4. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend. I tried to call the tenants on the numbers provided and there was no response. The landlord confirm it had spoken to the tenants yesterday and that they were aware of the hearing today.
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5. The landlord has applied for rent and water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
6. The tenancy ended on 21 November 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
7. 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
8. The tenants did not leave the premises reasonably clean and tidy and some of the walls required a deep clean.
9. The tenants did not return the keys.
10. The amounts ordered are proved.
Are the tenants responsible for break lease fees?
11. The tenants can be ordered to pay reasonable compensation for any loss or damage that has resulted from the reduction in the term of the fixed term tenancy.
12. The tenants are legally considered to have abandoned the fixed term tenancy before the end of the fixed term and the landlord has proven it incurred reasonable costs of $1,115.00 for break lease administration fees, advertising fees and credit check fees because of the fixed term lease being four months early. The charging of this cost is provided for in the tenancy agreement. I grant to landlord the compensation sought to cover the costs it incurred because of the reduction of the fixed term of the tenancy.
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Reimbursement of filing fee
13. [COMPANY] - As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
27 February 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 proved the amount of rent and water rates owed at the end of the tenancy with records and invoices.
- The tenants did not leave the premises reasonably clean and tidy, requiring a deep clean of some walls.
- The tenants did not return the keys at the end of the tenancy.
- The tenants abandoned the fixed-term tenancy early, causing the landlord to incur reasonable costs for break lease administration, advertising, and credit checks.
- The landlord succeeded entirely with the claim, so the filing fee was reimbursed.
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 rent arrears, water rates, and a break lease fee.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears, water rates, and the condition of the premises at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the outstanding rent and water rates, as well as a break lease fee, because the tenant breached the tenancy agreement by failing to meet their obligations.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 40(1)(ca) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had not met their obligations under the tenancy agreement, including paying rent and leaving the premises in a reasonable state.
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 meet all their obligations under the tenancy agreement to avoid facing similar penalties.
What evidence or documents mattered?
The evidence included rent records, water rates invoices, and confirmation that the tenant was properly notified of the hearing.