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Orders for payment of rent from unlawful sublet

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  • Orders for payment of rent from unlawful sublet

    Does anyone have references to TT decisions - or better yet, District or higher Court decisions requiring the tenant to pay the money collected from unlawfully subletting the property?

    I've searched Court and TT decisions, but can only find orders to repay monies from AirBnB.
    Other unlawful subletting cases have resulted in an award of exemplary damages, but it isn't clear whether the LL applied for an account of profits or payment of the monies collected.

    I am fairly sure I can push this, but am in Dunedin which is notorious for their interesting legal positions so a case from a higher court would be nice.

    - The Tenants wrote to me (<<< yes wrote to me) stating they could not ask him to leave because he had paid 50% of rent so had the "right" to live there.
    - My TA explicitly prohibits subletting (as well as parting with possession, exceeding maximum number of named occupants.)
    - The tenants asked to add this person to the tenancy, but investigating the application turned up significant property damage and violence so I said no - in writing.
    - Tenants were given polite written warnings to get rid of him, then served a 14 day notice.