Tenancy Tribunal Orders Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenants to pay rent arrears and damages to the landlord. The tenants did not attend the hearing, and the landlord provided proof of the amount owing at the end of the tenancy. The Tribunal found that the tenants failed to leave the premises reasonably clean and tidy and did not remove all rubbish.
⚖️ Legal holding
A tenant must pay rent arrears and compensate for damages beyond fair wear and tear.
📖 What the law says
This rule states that a tenant must pay rent when it is due and keep the rented property reasonably clean and tidy. When moving out, the tenant must leave the property in a reasonably clean and tidy condition and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenants to pay rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to pay rent arrears and damages to the landlord. The tenants did not attend the hearing, and the landlord provided proof of the amount owing at the end of the tenancy. The Tribunal found that the tenants failed to leave the premises reasonably clean and tidy and did not remove all rubbish.
📚 Full judgment Official document
__________________________________________________________________________________ 5094269 1
[2025] NZTT 5094269, 5200551
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] to pay [COMPANY] As Agent For [COMPANY] $1,411.15 from the bond, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 02/01/2025 $911.65 Cleaning $75.00 Rubbish removal: and tip fees $180.50 Repairs: cupboard door handles $75.00 Spraying weeds, lawns and green waste removal $95.00 Repairs: front of garage facia boards $20.00 Filing fee reimbursement (application 5094269) $27.00 Filing fee reimbursement (application 5200551) $27.00 Total award $1,411.15 Bond $1,411.15 $888.85
2. The Bond Centre is to pay the bond of $2,300.00 (3512748-018) immediately apportioned as follows:
[COMPANY] As Agent For [COMPANY]: $1,411.15
[NAME] and [NAME]: $888.85
__________________________________________________________________________________ 5094269 2
Reasons:
3. The landlord attended the hearing. The tenants did not.
4. I am satisfied that the tenants had received proper notice of the hearing time, date and place and chose not to attend.
5. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fees following the end of the tenancy.
How much is owed for rent?
6. The tenancy ended 2 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
7. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
8. The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
9. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
10. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
11. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
12. Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income- related rent). See section 49B(3)(a) RTA.
__________________________________________________________________________________ 5094269 3
13. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
14. Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
15. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
16. Some of the cupboard door handles were missing and had to be replaced and some had to be refitted. There was also damage to the garage door facia boards that had to be repaired. This damage occurred during the tenancy as a result of the tenants careless acts or omissions and which I find to be more than fair wear and tear. The tenants have not disproved liability for the damage.
17. The amounts ordered are proved.
18. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Reimbursement of filing fees
19. [COMPANY] As Agent For [COMPANY] has wholly succeeded with both of their applications, I must reimburse the filing fees.
[NAME]
21 March 2025
__________________________________________________________________________________ 5094269 4
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/
__________________________________________________________________________________ 5094269 5
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 proof of the amount of rent arrears owed.
- The tenants did not leave the premises reasonably clean and tidy.
- Some of the cupboard door handles were missing and needed replacement.
- The garage door facia boards were damaged and required repair.
❌ Tends to be rejected
- The tenants did not provide evidence to disprove their responsibility for the damages.
- The tenants did not attend the hearing to contest the claims against them.
- The tenants did not replace worn-out smoke alarm batteries during the tenancy.
- The tenants did not remove all rubbish from the premises at the end of the tenancy.
- The tenants did not comply with their obligations at the end of the tenancy.
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 tenants to pay rent arrears and damages to the landlord.
What was the dispute about?
The dispute was about unpaid rent and damages to the rental property at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenants must pay the rent arrears and damages because they did not leave the premises clean and tidy and did not remove all rubbish.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(1)(ca), and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenants failed to meet their obligations at the end of the tenancy, leaving the premises unclean and causing damages.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that they leave the premises clean and tidy and remove all rubbish at the end of the tenancy to avoid similar penalties.
What evidence or documents mattered?
The evidence included rent records and proof of damages to the rental property.