Tenant Ordered to Pay Rent Arrears Until New Tenancy Begins

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[2026] NZTT 5385743

TENANCY TRIBUNAL AT [Event location suppressed]

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 names and identifying details.

2. [The tenant/s] must pay [The landlord/s] $1,223.35 immediately, calculated as shown in table below:

Description Landlord Tenant Rent arrears from 14 July - 22 August 2025 $2,800.00 Advertising $355.35 Filing fee reimbursement $28.00 Total award $3,183.35 Bond $1,960.00 Total payable by Tenant to Landlord $1,223.35

3. The [COMPANY_1] is to pay the bond of $1,960.00 ([Bond number suppressed]) to [The landlord/s] immediately.

4. All other claims are dismissed.

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Reasons:

Both parties attended the hearing. The landlord was represented by a director. The tenant had a representative.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The parties had a fixed term tenancy which ended early. There is a process in the Residential Tenancies Act 1986 (RTA) which allows a tenant to apply for the termination of a fixed term tenancy because of hardship. An application under section 66(1) RTA is required. The tenant did not make this application which means I cannot consider hardship as a defence to the landlord’s claims today.

Does the tenant owe rent?

In July 2025 the tenants’ parents emailed the landlord to say the tenant was very unwell and could no longer continue with the tenancy. The landlord, by its actions, accepted the tenancy would end early and started looking for replacement tenants. A tenancy ending this way is provided for in section 50(1)(d) of the RTA which allows a tenancy to end:

where the tenant surrenders the tenancy, or delivers up vacant possession of the premises, to the landlord with the landlord’s written consent

In situations like this the landlord can claim rent until a new tenant is found. I find the landlord’s email, sent by the [NAME_2] manager on 10 July 2025, made it clear that the fixed term tenancy could end with two conditions – a $300 plus GST admin fee to cover the cost of advertising would be paid, and the rent would be paid until a new tenancy commenced.

The tenant submitted that the slippery condition of the steps to the [NAME_2] and the presence of cables slung over the deck would have slowed the process of finding replacement tenants. However, I am not persuaded this would have made a big difference to renting a flat in this city. I have read the correspondence provided and I find that the [NAME_2] manager acted promptly.

I find the landlord has proved the new tenancy commenced on 23 August 2025 and the tenant owes rent to that date.

Should the tenant pay the reasonable costs of reletting?

There is a claim for the costs of advertising and a standard fee for the [NAME_2] manager’s time. Section 44A RTA allows a landlord to claim the reasonable expenses incurred with a termination and finding replacement tenants, so long as an itemised account of any expenses incurred is provided to the tenant.

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I find there was an invoice sent which itemised the advertising costs. This claim is proved and reasonable.

I find the landlord has not provided an itemised account for the [NAME_2] manager’s time. I would usually see an invoice showing, for example, the number of viewings, the costs of the credit check and the time taken to check references. Without an invoice I cannot determine if the claim is reasonable. This claim is not proved and it is dismissed.

Can the landlord claim the costs of finding new tenants for the upstairs premises?

The landlord submitted that the tenant’s anti social behaviour was the direct cause of the tenants living upstairs leaving their fixed term tenancy early. I was provided with some emails and messages from the upstairs tenants. I do not find this claim is proved because

• The tenants did not go to the police at the time and the landlord did not issue any notices to the tenant about his behaviour at the time, and did not file an application to end the tenancy.

• The loss is too remote because it was not reasonably foreseeable to the tenant that ending the fixed term tenancy would result in the landlord claiming a cost incurred in renting another flat earlier in the year.

• There was no mention of this cost in the 10 July email from the [NAME_2] manager.

All claims relating to the upstairs tenants are dismissed.

Other orders

A request has been sent to the [COMPANY_1].

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

There are applications 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.

The landlord’s name is suppressed became the landlord is the most successful party.

The landlord submitted that the tenant’s name should be made public because of his alleged anti social behaviour towards the tenants living upstairs. The landlord has not proved this part of the claim, so I find it is not a valid reason to publish the tenant’s name.

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The tenant’s representative submitted that the tenant’s breach was the result of his mental health crisis. He said the tenant has paid rent in his previous tenancies. I have been provided with supporting information to show the tenant is receiving treatment. I find there is no public interest in the tenant’s name at this stage and I allow suppression. The address is also suppressed in case this can identify the tenant.

K Koller 01 May 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 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, 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 [NAME_2] 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 [NAME_2].

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: