Tenant Ordered to Pay Rent Arrears and Damages

OUTCOME: Allowed

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[2026] NZTT 5414395

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

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [Tenancy address suppressed]

ORDER

1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

2. [RESPONDENT] must pay [The landlord/s] $12,551.25 immediately, calculated as shown in table below.

Description Landlord Tenant Rent owed to 11 January 2026 $7,455.00 Replace smoke alarms $21.40 Cleaning $345.00 Lawns and garden work $1,955.00 Rubbish removal: and to remove all the items left by the tenant

$2,330.00

Rubbish removal: rubbish bags $37.10 Repairs: holes and dents in walls $3,020.00 Repairs: light switch $281.75 Lock/key replacement: balcony door $18.00 Filing fee reimbursement $28.00 Total award $15,491.25 Bond $2,940.00 Total payable by Tenant to Landlord $12,551.25

3. The [COMPANY] is to pay the bond of $2,940.00 ([Bond number suppressed]) to [The landlord/s] immediately.

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4. [The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

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

6. All other claims are dismissed.

Reasons:

1. The landlord attended the hearing. The tenant did not attend. She was sent all the information about the hearing.

2. The landlord has applied for termination of the tenancy for abandonment, rent arrears, refund of the bond, and compensation for cleaning up and repairs. The questions I have to decide include:

• Did the tenant abandon the tenancy?

• Was the landlord required to store the tenant’s belongings?

• How much rent is owed?

• Did the tenant comply with her obligations at the end of the tenancy?

• Is the tenant responsible for damage?

• Should I order exemplary damages because the tenant removed a smoke alarm?

• Can the landlord claim the costs of getting a [NAME]?

Did the tenant abandon the tenancy?

3. The parties signed a fixed term tenancy agreement starting on 6 July 2025 and ending on 4 July 2026. In November the tenant was struggling to pay rent and she approached the landlord a number of times to say she simply could not afford to stay in the house. The parties did not reach an agreement and eventually the tenant gave notice and said she would leave on 10 January 2026. The landlord carried out a final inspection on 11 January and secured the house.

4. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord. I find the tenant did not abandon the tenancy because she let the landlord know she was leaving. I find the landlord took possession on 11 January when they collected the keys and secured the house.

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Was the landlord required to store the tenant’s belongings?

5. The tenant left furniture, appliances, clothing, toys, and other household goods inside the house, in the carport, and around the section. The landlord provided me with photos. The landlord was unsure how to deal with these items and so applied for a disposal order from the Tribunal. They have only thrown away the perishable rubbish.

6. The landlord applied for the disposal of the items the tenant left at the premises at the end of the tenancy. I have read the emails and messages sent by the parties at the time and the written submissions made by both parties. I find the landlord and the tenant were unable to agree on a period for the tenant to collect the items. Sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986 (RTA) require a landlord to assess the value of the goods. If the value is below the cost of storing, transporting and selling the items then the landlord can dispose of the goods.

7. The landlord talked to Tenancy Services and thinks she was told not to dispose of the items until after the hearing. It seems unlikely to me that Tenancy Services would have given that advice. There is information on the website which explains the process when a tenant leaves items at the end of a tenancy. The application form where the landlord applied for the disposal order also referred the landlord to the website.

8. The landlord made an assessment of all the items for Tenancy Services in January and said they were of no value. They asked a [NAME] to take the items and I have seen the email, dated 5 February, where the charity declined because nothing was likely to sell. The landlord had very good quotes for removing the items and I estimate the work would have taken one day.

9. It seems most likely to me the items left behind were of no value and it was not practicable for the landlord to the return the goods to the tenant. This means the landlord could have thrown everything out without storing the items and without an order from the Tribunal. I have made an order today.

How much is owed for rent?

10. The landlord has claimed rent to the end of the fixed term tenancy. This is because they have not been able to rent the house because of all the items left behind. However, the landlord could have cleaned up and started the process of looking for a [NAME] back in January. While the tenant clearly breached the terms of her fixed term tenancy agreement, I find the landlord should have mitigated loss by looking for a [NAME] straight away. The claim for rent to the end of the fixed term tenancy is dismissed.

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11. The landlord provided rent records proving the amount owing at the end of the tenancy on 11 January 2026. This claim is allowed.

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

12. 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 her benefit. See section 40(1)(e)(ii)-(v) RTA.

13. The landlord’s photos show that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amounts claimed are reasonable.

14. The tenant did not return one of the keys. The landlord has searched everywhere and cannot find it. This claim is proved and allowed.

15. The landlord has proved that a smoke alarm was missing at the end of the tenancy. The amount ordered is proved.

16. The landlord did not prove the claim for light bulbs, and this is dismissed.

Is the tenant responsible for the damage to the premises?

17. There are claims for the cost of repairs. The landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove she did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

18. The landlord has proved there was damage to the walls and to a light switch during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.

Should I order exemplary damages because the tenant removed a smoke alarm?

19. The landlord claims the tenant removed a smoke alarm. A tenant must not cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $4,000. The definition of “means of escape” includes “all active and passive protection features required to warn people of fire...”, which covers smoke alarms. See section 40(2)(ab), 40(3A)(b) and Schedule 1A RTA.

20. The landlord has proved the tenant removed a smoke alarm during the tenancy. The landlord sent a 14 day notice after an inspection in December 2025 and

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this was not remedied when the tenant moved out. In her written submission the tenant said she took the alarm down because the batteries kept beeping. She said the other four alarms in the house were never touched. I find this to be a reasonable explanation in this tenancy because the landlord had not checked the expiry date on that alarm at the start of the tenancy. This claim is dismissed.

Can the landlord claim the costs of getting a [NAME]?

21. The landlord has claimed an estimated amount for advertising and credit checks etc. Section 44A RTA allows the landlord to claim the reasonable costs of finding a [NAME] in a situation like this, where the tenant has moved out part way through a fixed term and the landlord has taken possession. However, the RTA requires the landlord to spend the money first and then send an invoice to the tenant for payment of the reasonable costs. The claim for anticipated costs is dismissed.

Other orders

22. I have organised for the bond to be refunded to the landlord.

23. Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

24. There is an application for suppression. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest.

25. The landlord’s name will be supressed because the landlord is the most successful party. The tenant’s name will be published because there is public interest when tenants breach the RTA.

[NAME] 04 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 [NAME] 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.

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: