Tenant ordered to pay rent arrears, break lease fees claim dismissed
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears but dismissed the claim for break lease fees because the landlord did not provide a detailed itemised account of the expenses.
⚖️ Legal holding
A tenant is liable for rent arrears proven by the landlord's records but not for break lease fees without a detailed itemised account.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears but dismissed the claim for break lease fees due to insufficient evidence.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears but dismissed the claim for break lease fees due to insufficient evidence provided by the landlord.
📚 Full judgment Official document
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[2025] NZTT 5112570
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat Flat 1815, 10 Waterloo Quadrant, Auckland Central, Auckland 1010, The Quadrant on Waterloo
ORDER
1. [NAME] must pay [COMPANY] $598.43 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $2,171.43 Filing fee reimbursement $27.00 Total award $2,198.43 Bond $1,600.00 Total payable by Tenant to Landlord $598.43
Reasons:
1. Both parties attended the hearing via remote teleconference.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
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3. The tenancy ended on 8 January 2025. The tenant was subject to a fixed term tenancy for 12 months from 12 August 2024. The tenant vacated the premises during the fixed term period. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord also provided an updated rent ledger during the hearing. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.
4. I also acknowledge the valuable explanation given by the tenant during the hearing.
Break lease fee:
5. The landlord says that they were forced to readvertise the property which, as a result, caused financial loss to them. They have only provided a Viaduct City Rentals tenancy schedule confirming the amount sought from the tenant. The RTA provides as follows in respect of break lease fees:
44A Recovery of expenses incurred by landlord (1) A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination. (2) A landlord who seeks to recover expenses from a tenant in accordance with subsection (1) must first provide an itemised account of the expenses to the tenant.
6. The landlord has only provided a ledger confirming the amount being claimed. This is not an itemised account of expenses as required by the RTA. The landlord has failed to provide a proper itemised breakdown of the amount sought with their application. Accordingly, I am not satisfied that the tenant is responsible for this debt.
7. The claim for break lease fees must be dismissed.
8. [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
M Manhire
10 March 2025
https://www.legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS451316#LMS451316 https://www.legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95097#DLM95097 https://www.legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95513#DLM95513
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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 provided rent records proving the amount of rent arrears.
- The landlord updated the rent ledger during the hearing, confirming the debt.
- The tenant was responsible for the rent arrears as proven by the landlord's records.
❌ Tends to be rejected
- The landlord claimed break lease fees without providing a detailed itemised account.
- The landlord failed to provide a proper itemised breakdown of the expenses incurred.
- The landlord's lack of detailed expense documentation led to the rejection of the break lease fee claim.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay rent arrears but the claim for break lease fees was dismissed.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears and whether the landlord could charge break lease fees.
How did the court decide, and why?
The court decided that the tenant must pay rent arrears based on the landlord's records but dismissed the break lease fees claim because the landlord did not provide a detailed itemised account.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 44A was applied.
What was the argument that mattered most?
The most important argument was that the landlord did not provide a detailed itemised account of the expenses for the break lease fees.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the landlord. The tenant must pay rent arrears but the claim for break lease fees was dismissed.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have a detailed itemised account of any expenses claimed as break lease fees.
What evidence or documents mattered?
The rent records and updated rent ledger provided by the landlord mattered in proving the rent arrears. The lack of a detailed itemised account of expenses mattered in dismissing the break lease fees claim.