Tenancy Tribunal Orders Tenant to Pay Arrears and Repairs

OUTCOME: Allowed

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[2026] NZTT 5419728

TENANCY TRIBUNAL AT WHANGAREI | TE TARAIPIUNARA RETIHANGA KI WHANGĀREI-TERENGA-PARĀOA

APPLICANT: [redacted] agent for [NAME])

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] must pay [COMPANY] t/as [NAME] (as agent for [NAME]) $2,518.77 immediately, calculated as shown in table below.

2. The [COMPANY] is to pay the bond of $1,320.00 (BN-14874993) to [APPELLANT] immediately.

Description Landlord Tenant Rent arrears to 31 October 2025 $1,135.71 Water rates to 31 October 2025 $1,028.31 Lawns and Garden work $180.00 Cleaning $150.00 Repairs: Replace alarm panel $195.50 Repairs: Walls and doors $914.25 Removal of overgrowth from driveway $207.00 Filing fee reimbursement $28.00 Total award $3,838.77 Bond $1,320.00 Total payable by Tenant to Landlord $2,518.77

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Reasons:

Background

1. The tenancy began on 19 October 2012 and ended on 31 October 2025.

2. The landlord filed this application on 22 December 2025. The application seeks rent arrears, water rates arrears, vacated cleaning, garden tidy up, and repair costs.

3. The hearing took place in Whangarei on 5 June 2026. Ms [RESPONDENT] and Ms [RESPONDENT] represented the landlord. There was no appearance by the tenant.

4. I am satisfied that the application was served on the tenant in accordance with the requirements of the Residential Tenancies Act 1986. The hearing proceeded in the tenant’s absence.1

Rent and water

5. The landlord’s rent record establishes rent arrears of $1,135.71 to the end of the tenancy.

6. There are water rates arrears of $1,028.31 to the end of the tenancy comprised of:

Balance outstanding on WDC invoice for period ending 7 April 2025: $337.98

WDC invoice for the period ending 1 October 2025: $633.21.

Water use from 2 October – 31 October based on final meter read: $57.12

Cleaning and lawns

7. Tenants must leave the premises reasonably clean and tidy at the end of the tenancy.2

8. The claim seeks $150 for cleaning and $180 for lawns and garden tidy up at the end of the tenancy.

9. The landlord’s photographs show that the premises were generally clean and tidy, but some areas required further attention, in particular walls and drawers. The claim for 3 hours of cleaning to bring the premises to a reasonably clean and tidy standard is fair.

10. The lawns and gardens also needed some (relatively minor) work, and there was a pile of palm fronds / green waste to dispose of. The claim for $180 is fair and reasonable.

1 Section 92 Residential Tenancies Act 1986 (“RTA”) 2 Section 40(1)(e)(iii) RTA

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Repairs

11. Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy.

12. The claim seeks

a. Replacement of a panel on the alarm.

b. Replacement of vinyl in kitchen (insurance excess).

c. Replacement of lightbulbs.

d. Repairs to walls and doors.

e. Removal of vegetation from from driveway.

13. The claim for replacement of the alarm panel is proven. The panel was present during the tenancy and missing at the end. The damage is not wear and tear. The cost of replacing the panel is proven.

14. The claim for replacement of the kitchen vinyl is dismissed. The end of tenancy photographs show some marks on the kitchen floor, but the damage is consistent with wear and tear. The vinyl is at least 13 years old, and possibly considerably older. The photographs do not show careless or intentional damage by the tenant.

15. The claim for lightbulbs is dismissed. Lightbulbs expiring through normal use is not careless or intentional damage for which the tenant is liable. Several lightbulbs going missing after a 13-year tenancy is to be expected and does not warrant a compensation award in the Tenancy Tribunal.

16. The end of tenancy photographs show several instances of damage to walls and doors including gouges, holes, and torn wallpaper. The damage is (collectively and individually) beyond fair wear and tear. The repair cost is proven, and is fair and reasonable.

17. The driveways runs along the house and leads to the double bay garage. At the beginning of the tenancy the driveway and the area in front of the garage was metalled. Over time, the tenant has allowed a ‘strip’ of weeds and grass to develop along the length of the driveway. Weeds have also encroached onto the area in front of the garage.

18. The landlord paid for the vegetation to be removed and the areas re-metalled. The claim seeks the cost of vegetation removal only (not re-metalling).

19. Although this part of the claim does not relate to ‘tenant damage’ in the traditional sense, I accept that part of a tenant’s obligation to keep the lawns and gardens in a reasonably tidy condition includes weed control.

20. However, I also acknowledge that although the tenant let the driveway strip get established, once established it seems that she kept it in a neat and tidy

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condition. I also note that the strip would have developed over months / years and there is no indication that the landlord told the tenant that it was not acceptable.

21. Having regard to those factors, and to the Tribunal’s mandate to determine disputes according to the substantial merits and justice of the case,3 I will award half of the vegetation removal cost claimed.

Bond, filing fee

22. The proven claim exceeds the amount of the bond. The bond will be released to the landlord.

23. The landlord has been largely successful in the application, and I will also award the landlord the filing fee of $28.00.4

[NAME]

08 June 2026

3 Section 85(2) RTA 4 Section 102(4)(b) RTA

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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: