Tenant Ordered to Vacate Premises and Pay Damages

OUTCOME: Allowed

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[2026] NZTT 5503693

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The landlord is granted possession of the premises. Possession is confirmed as having been returned to the landlord on 24 May 2026.

2. [RESPONDENT] must pay [APPELLANT] $1,426.00 immediately, calculated as shown in table below.

Description Landlord Tenant Rent arrears to 24/05/2026 $1,924.00 Carpet Cleaning $200.00 Oven/stove cleaning $115.00 Replace missing garage remote x2 $140.00 Replace missing green wheelie bin $109.00 Rubbish removal/disposal $150.00 Repainting/repairs in bedroom $300.00 Cleaning $400.00 Lock/key replacement $300.00 Filing fee reimbursement $28.00 Total award $3,666.00 Bond $2,240.00 Total payable by Tenant to Landlord $1,426.00

3. The [COMPANY] is to pay the bond of $2,240.00 (6413560-004) to [NAME] [APPELLANT] immediately.

4. Pursuant to section 62 of the Residential Tenancies Act 1986, the landlord is granted a disposal order in respect of the items left behind at the premises.

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Reasons:

1. The landlord originally filed an application seeking possession of the premises following service of a 90-day termination notice dated 8 January 2026, requiring the tenancy to end on 9 April 2026. The notice complies with the requirements of the Residential Tenancies Act 1986 (“the Act”). Despite extensions being provided to the tenant after expiry of the notice period, the tenant failed to vacate the premises. The landlord therefore applied to the Tribunal for possession and associated monetary claims.

2. The hearing was held by teleconference on 27 May 2026. The landlord attended. The tenant did not attend. The Tribunal attempted to contact the tenant on the contact number provided in the application but without success. I am satisfied the tenant ought reasonably to have been aware of the hearing and has chosen not to make themselves available. I considered it reasonable to proceed in the tenant’s absence.

3. The tenancy commenced on 7 May 2021. The weekly rent was $650.00 and the bond was $2,240.00.

4. At the hearing, the landlord advised that the tenant had vacated the premises around 17 May 2026. However, the tenant left flatmates remaining in occupation. The landlord explained that the flatmates were unaware of the 90- day notice issued to the tenant and required assistance to vacate the premises. The landlord ultimately regained possession on 24 May 2026.

5. The landlord seeks rent arrears and compensation for various losses and damage following the end of the tenancy.

Possession

6. Section 51 of the Act permits a landlord to terminate a periodic tenancy by giving a valid 90-day notice. The notice provided by the landlord was in order. The tenancy therefore validly ended on 9 April 2026.

7. Under section 64 of the Act, where a tenancy has ended and the tenant remains in occupation, the Tribunal may make an order for possession. Although the tenant vacated prior to the hearing, the premises continued to be occupied by persons left behind by the tenant. The landlord did not regain vacant possession until 24 May 2026.

8. In the circumstances, it is appropriate to confirm possession in favour of the landlord effective from 24 May 2026.

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Rent arrears

9. Section 40(1)(a) of the Act requires a tenant to pay rent when due. The landlord produced a rent summary. I accept there were rent arrears of $1,924.00 to 24 May 2026. There is no evidence before me disputing that amount. I am satisfied the arrears claimed are properly established and recoverable.

Compensation claims

10. Under section 40(1)(e) of the Act, tenants must leave the premises reasonably clean and reasonably tidy at the end of the tenancy. Under section 41, tenants are responsible for damage caused intentionally or carelessly by the tenant or persons permitted on the premises.

11. The landlord provided photographic evidence supporting the claims for cleaning, rubbish removal, wall repainting, missing items, and lock replacement. While formal invoices were not produced, the landlord explained that much of the work would be carried out personally. The Tribunal may nevertheless award reasonable compensation where loss has been adequately proven.

12. I am satisfied the carpet cleaning and oven cleaning costs were reasonably incurred due to the condition in which the premises were left. The general cleaning claim of $400.00 is also reasonable having regard to the photographic evidence showing the premises were not left in the standard required by section 40(1)(e).

13. The landlord also proved that two garage remotes and the green wheelie bin were missing at the conclusion of the tenancy. The replacement costs claimed of $140.00 are modest and reasonable.

14. The landlord claims $150.00 for rubbish removal and disposal. The evidence establishes that items were left behind at the premises following the tenant’s departure. The items had no apparent value and that reasonable attempts were made to contact the tenant without success. I accept the disposal costs claimed as reasonable.

15. The landlord also claims $300.00 for repainting damage to a bedroom wall. The photographs support that the damage exceeded fair wear and tear and required remedial work. The amount claimed is reasonable.

16. Finally, the landlord claims $300.00 for changing locks. Given the tenant failed to properly return possession and the circumstances surrounding the occupants remaining at the premises after termination, I accept it was reasonable for the landlord to change the locks to secure the property.

17. Overall, I am satisfied the landlord has established each compensation claim on the balance of probabilities.

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Disposal order

18. Section 62 of the Act permits the Tribunal to make orders authorising a landlord to dispose of goods left behind at premises following the end of a tenancy. I am satisfied the goods left behind were of no apparent value, reasonable efforts were made to contact the tenant, and a disposal order is appropriate in the circumstances.

Filing fee

19. The landlord has been wholly successful. Pursuant to section 102 of the Act, it is appropriate that the tenant reimburse the landlord for the filing fee.

[APPELLANT]

27 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 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: