Tenancy Tribunal Orders Tenant to Pay $1,692 for Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay the landlord $1,692.73 for unpaid rent, cleaning costs, and damages to the property beyond fair wear and tear. The decision was based on evidence provided by the landlord showing damage to the premises and non-compliance with tenancy obligations.
⚖️ Legal holding
A tenant is liable for rent arrears, cleaning costs, and damage to premises beyond fair wear and tear.
📖 What the law says
This section outlines what a tenant is responsible for, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in a similar condition when moving out, with all rubbish removed.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully recovered rent arrears and damages from the respondent.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,692.73 for rent arrears and damages beyond fair wear and tear, including cleaning and repairs. The decision was based on photographic evidence of damage and non-compliance with tenancy obligations.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5448249
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [RESPONDENT] must pay [APPELLANT] [NAME] $1,692.73 immediately, calculated as shown in the table below.
Description Landlord Rent arrears $808.43 Rubbish removal $716.06 Cleaning: kitchen $112.60 Repairs $55.64 Total award $1,692.73 Total payable by Tenant to Landlord $1,692.73
Reasons:
1. The landlord attended the video hearing.
2. The landlord has applied for rent arrears and compensation following the end of the tenancy.
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How much is owed for rent?
3. The tenancy ended on 21 January 2026. 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?
4. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
5. The landlord provided photographic evidence that the tenant did not leave the kitchen reasonably clean and tidy, and did not remove all rubbish.
6. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
7. 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.
8. 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.
9. 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.
10. 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.
11. 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. [NAME] v Korck [2019] NZHC 1541.
12. The landlord provided photographic evidence that there was damage to a wall in the stairwell. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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13. The amount ordered is proven.
[NAME]
29 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Damages and Arrears
- Tenancy Tribunal Tenant's Failure to Return Constitutes Abandonment
- Tenancy Tribunal Tenancy Tribunal Rules: Tenant Must Clean Premises Before Leaving
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Cleaning Costs
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant is liable for rent arrears.
- Tenant must leave premises clean and remove all rubbish.
- Tenant responsible for damage beyond fair wear and tear.
- Landlord provided robust documentary evidence of breach.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay $1,692.73 for rent arrears, cleaning costs, and damages beyond fair wear and tear.
Who was involved?
A landlord and a tenant were involved in the dispute.
How did the court decide, and why?
The court decided based on photographic evidence showing damage to the premises and non-compliance with cleaning obligations at the end of the tenancy.
Which laws or rules were applied?
Sections 40(1)(e), 40(2)(a), 41, and 49B of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The landlord's photographic evidence showing damage to the premises and non-compliance with cleaning obligations at the end of the tenancy was crucial.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord.
What does this mean for someone in a similar situation?
Tenants are liable for rent arrears, cleaning costs, and damages beyond fair wear and tear at the end of their tenancy.
What evidence or documents mattered?
Photographic evidence showing damage to the premises and non-compliance with cleaning obligations was crucial.
Can a decision like this be appealed?
Yes, both parties can appeal within 10 working days using an Appeal to the District Court form.
Is it worth getting a lawyer for a case like this?
It is recommended to seek legal advice from a qualified lawyer for specific guidance on your situation.