Tenant ordered to pay rent arrears and compensate landlord
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for replacing locks, but dismissed the claim for extra damages. The tenant left items in a storage locker, preventing vacant possession, but the Tribunal acknowledged an agreement with the landlord for removal after the tenancy end date.
⚖️ Legal holding
A tenant must provide vacant possession at the end of the tenancy, but may be allowed additional time if they have an agreement with the landlord.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires the tenant to remove all their belongings from the premises when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and compensate the landlord for lock replacement, but dismissed the claim for exemplary damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for lock replacement, but dismissed the claim for exemplary damages. The tenant left items in a storage locker, preventing vacant possession, but the Tribunal acknowledged an agreement with the landlord for removal after the tenancy end date.
📚 Full judgment Official document
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[2025] NZTT 5112951
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], [ADDRESS]
1. [NAME] must pay [COMPANY] As Agent For [NAME] And [NAME] $649.06 immediately, calculated as shown in table below.
Description Landlord Rent arrears $325.71 Lock/key replacement $220.80 Lock/key replacement: Swipe Card and Garage Remote $172.00 Filing fee reimbursement $27.00 Total award $745.51 Bond $96.45 Total payable by Tenant to Landlord $649.06
2. The Bond Centre is to pay the bond of $96.45 (5598395-007) to [COMPANY] As Agent For [NAME] And [NAME] immediately.
3. The Landlord’s claim for exemplary damages is dismissed.
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Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears, compensation, refund of the remainder of the bond, and reimbursement of the filing fee following the end of the tenancy.
3. The Landlord’s application referred to [NAME]’s sister, as guarantor. At the hearing the Landlord’s representative confirmed that this application is only against [NAME]. I have made the orders accordingly.
How much is owed for rent?
4. The tenancy ended on 14 October 2024.
5. A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
6. Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
7. The landlord claims that the tenant did not provide vacant possession on 14 October 2024 and applied for an additional 9 days rent and exemplary damages.
8. The tenant had left some items in a storage locker in the garage of the apartment complex. He could not remove them on 14 October because of cars parked in the way. He said that he had agreement from another employee of the Property Management company that he could remove them after 14 October.
9. I have awarded 3 days rent to the Landlord. This acknowledges that the tenant is to provide vacant possession at the end of the tenancy, but I also accept the tenant evidence that he understood the Landlord to have agreed that he could remove items from the storage locker after 14 October. I do not accept the Landlord’s submission that it could not inspect the dwelling until after the storage locker was emptied.
10. The Landlord did not address me on the exemplary damages claim at the hearing. However, exemplary damages would not be appropriate having regard to the evidence and the tenant’s understanding of the situation. That part of the claim is dismissed.
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11. As the Landlord was partially successful, I have awarded reimbursement of the Tribunal application fee.
R Morgan
26 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 tenant was ordered to pay for the replacement of a swipe card and garage remote.
- The landlord was awarded three days of rent because the tenant must provide vacant possession at the end of the tenancy.
- The landlord was reimbursed for the Tribunal application fee because they were partially successful.
❌ Tends to be rejected
- The landlord's claim for exemplary damages was dismissed.
- The landlord's submission that they could not inspect the dwelling until the storage locker was emptied was not accepted.
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 rent arrears and compensate the landlord for lock replacement, but the claim for exemplary damages was dismissed.
What was the dispute about?
The dispute was about the tenant leaving items in a storage locker, preventing vacant possession, and the landlord's claim for additional rent and exemplary damages.
How did the court decide, and why?
The court decided that the tenant must pay rent arrears and compensate the landlord for lock replacement, acknowledging the tenant's agreement with the landlord for removal of items after the tenancy end date.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(i) and 40(3A)(a) were applied.
What was the argument that mattered most?
The most important argument was that the tenant had an agreement with the landlord to remove items from the storage locker after the tenancy end date.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the landlord, as the tenant was ordered to pay rent arrears and compensate the landlord, but the claim for exemplary damages was dismissed.
What does this mean for someone in a similar situation?
For tenants in a similar situation, it means that they should ensure vacant possession at the end of the tenancy, but may be allowed additional time if they have an agreement with the landlord.
What evidence or documents mattered?
The evidence included the tenancy agreement, the landlord's claim for rent arrears and compensation, and the tenant's evidence of an agreement with the landlord for removal of items from the storage locker.