Tenant ordered to pay rent arrears and damages for vacated repairs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $6,210.45 for rent arrears and damages caused by vacating the property early. The tenant abandoned the tenancy, causing substantial damage to the property.
⚖️ Legal holding
A tenant is entitled to seek damages for vacated repairs and loss of rent when the tenancy is breached.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end a tenancy if the landlord gave the notice because the tenant complained or tried to use their rights. The tenant must apply to the Tribunal within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord for rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $6,210.45 for rent arrears and damages caused by vacating the property early. The tenant abandoned the tenancy, causing substantial damage to the property.
📚 Full judgment Official document
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[2025] NZTT 5220633
TENANCY TRIBUNAL AT WHANGAREI | TE TARAIPIUNARA RETIHANGA KI WHANGĀREI-TERENGA-PARĀOA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $6,210.45 immediately, calculated as shown in table below.
Description Landlord Tenant Loss of rent 14 March 2025 – 22 April 2025 $3,588.57 Previous order application 5154120 dated 13/03/2025 $946.43 Repairs $560.09 Rubbish removal $81.90 Lock/key replacement $124.00 Carpet Cleaning $260.00 Re-glazing $622.46 Filing fee reimbursement $27.00 Total award $6,210.45 Total payable by Tenant to Landlord $6,210.45
Reasons:
Background
1. This was a fixed term tenancy commencing on 7 January 2025, due to end on 6 January 2026. [NAME] is the sole named tenant.
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2. The tenant abandoned the tenancy on 7 March 2025.
3. [NAME] made an application to the Tenancy Tribunal, seeking termination on rent arrears.
4. On 13 March the Tribunal made an order awarding rent arrears to 13 March 2025, releasing the bond to the landlord, and awarding the landlord the filing fee of $27.00. The hearing was adjourned to allow the landlord to submit evidence for a claim for vacated damage.1
5. On 1 April, [NAME] filed this new application, seeking vacated repairs, rubbish removal, and change of locks.
6. The application was set down for a hearing at the [ADDRESS] today, 23 May 2025. [NAME] attended the hearing. There was no appearance by the tenant.
7. I am satisfied that notice of the claim and hearing were served on the tenant per the requirements of the Residential Tenancies Act 1986, and the hearing proceeded in the tenant’s absence.2
Rent
8. This was a fixed term tenancy. As noted in the previous order, the fact that [NAME] left the tenancy and told [NAME] that he had left did not bring the tenancy to an end. A fixed term tenancy cannot be terminated by notice.
9. [NAME] re-took possession of the premises by changing the locks. From that point [NAME] could not return to the premises and he cannot be liable for rent under his tenancy from that point.
10. However, [NAME] is entitled to seek damages representing the loss of rent from then until the date that she re-let the premises. [NAME] was contractually obliged to pay rent from 7 January 2025 until 6 January 2026. He breached the contract by abandoning the fixed term tenancy. [NAME] suffered a loss as a consequence of that breach, being loss of rental income.
11. The claim is proven.
Repairs
12. [NAME]’ photographs show that there was substantial intentional damage to the property during the tenancy including:
a. Hallway in ceiling collapsed.
1 Roberts v Farquharson [2025] NZTT 5154120 2 Section 92 RTA
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b. Several large holes in the wall in the lounge.
c. Ceiling in bedroom damaged and partially repaired by tenant.
d. Engine coolant poured over surfaces.
e. Glass in French doors smashed.
13. Tenants are liable for damage caused by themselves or by anyone who is at the premises with their consent.3
14. The landlord minimised the cost of the ceiling and wall repairs by purchasing the materials and doing some of the work, assisted by a builder who charged them a very low hourly rate ($40/hr).
15. The costs claimed by the landlord are very fair and reasonable having regard to the extent of repairs required.
16. The cost of re-glazing the doors is proven.
17. The damage occurred during this tenancy and there is no evidence to indicate that it was caused by someone other than the tenant or a person for whom the tenant is responsible.4
18. The claim is proven.
Locks, carpet cleaning, rubbish
19. The landlord has not made any claim for general cleaning, including removing the engine coolant that had been poured over surfaces in the house.
20. It was necessary to have the carpets professionally cleaned due to debris from ceiling insulation that had come through the large holes in the ceiling in the hallway and bedroom, and the engine coolant.
21. The tenant left some rubbish at the premises (underneath the house) and there was building debris from the repairs.
22. The keys were not returned at the end of the tenancy.
23. The amounts claimed for change of locks, carpet cleaning, and rubbish disposal (dumping fees only) are proven and are fair and reasonable.
Filing fee
24. The landlord was successful in this application and I must also award the landlord the filing fee.5
3 Section 49B(1)(a) RTA 4 Section 49B(8)(b) RTA 5 Section 102(4)(a) RTA
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25. This order incorporates the amount awarded in the previous order.
.
[NAME]
23 May 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 is entitled to seek damages for loss of rent after the tenant abandoned the property.
- The landlord's claim for repairs is reasonable and proven based on the extent of the damage.
- The costs claimed for re-glazing the doors, changing locks, carpet cleaning, and rubbish disposal are fair and reasonable.
❌ Tends to be rejected
- The tenant's argument that leaving the property early terminates the fixed-term tenancy is not accepted.
- The tenant's failure to attend the hearing and provide evidence against the landlord's claims.
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 the landlord $6,210.45 for rent arrears and damages.
What was the dispute about?
The dispute was about the tenant abandoning the tenancy early, causing rent arrears and significant property damage.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears and damages because the tenant breached the tenancy agreement by leaving early and causing damage.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was liable for rent arrears and damages caused by vacating the property early.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should expect to pay rent arrears and damages if they abandon a tenancy early and cause damage.
What evidence or documents mattered?
Photographs showing the extent of damage to the property were critical evidence.