Tenancy Tribunal Orders Tenant to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay rent arrears, cleaning costs, and compensation for property damage beyond fair wear and tear. The claimant successfully recovered $1,838.13 from the tenant after proving the amount of rent owing and the extent of damages.
⚖️ Legal holding
A tenant is responsible for rent arrears, cleaning costs, and damage to property beyond fair wear and tear.
📖 What the law says
This rule states that a tenant must pay rent on time, keep the property reasonably clean and tidy, and leave it in that condition when moving out. It also requires the tenant to remove all their belongings and rubbish when the tenancy ends.
This rule makes a tenant responsible for the actions of anyone they allow onto the property, if those actions would have broken the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the property while the tenant is there, it's assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully recovered rent arrears and damages from the tenant.
📜 Headnote Official document
The Tenancy Tribunal at Christchurch ordered the tenant to pay rent arrears, cleaning costs, and compensation for property damage beyond fair wear and tear. The claimant successfully recovered $1,838.13 from the tenant after proving the amount of rent owing and the extent of damages.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5465183
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [RESPONDENT] and [NAME] [RESPONDENT] must pay [APPELLANT] [COMPANY] as agent for [COUNSEL] $1,838.13 immediately, calculated as shown in table below:
Description Landlord Tenant
Rent arrears to 16 February 2026 $650.00 Repair and paint walls (reduced) $2,587.00 Cleaning, rubbish removal, remove shelves from garage, carpet cleaning
$1,046.50
Cut 4 keys $26.63 Compensation for pet damage to sleepout curtains $100.00 Filing fee reimbursement $28.00 Total award $4,438.13 Bond $2,600.00 Total payable by Tenant to Landlord $1,838.13
2. The [COMPANY] is to pay the bond of $2,600.00 (BN-00070035) to [APPELLANT] [COMPANY] as agent for [COUNSEL] [NAME] immediately.
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Reasons:
1. [NAME] represented the landlord. The tenant did not attend the hearing.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
3. The tenancy ended on 17 February 2026. The landlord provided rent records which prove the amount of rent 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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit1.
5. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
6. The tenant did not return all the keys.
7. Shelves in the garage put up by the tenant had to be removed.
Is the tenant responsible for the damage to the premises?
8. 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 permission2.
9. During the tenancy walls were damaged. The tenants attempted to repair them and to paint match the repairs, but the work was not done to a tradesman like finish. The landlord had the walls repaired and painted. I have reduced the claimed amount because other painting work was done (to match the new paint) that was not required to repair damage.
10. A curtain in the sleepout was damaged by a pet and I have awarded compensation for that.
11. The amounts ordered are proved by invoices, photos, and by the evidence Ms [NAME] gave.
1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA) 2 See sections 40(2)(a), 41 and 49B RTA
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12. I have reimbursed the filing fee on the successful application.
Result
13. The bond will be paid to the landlord. After the deduction of the bond, the tenant will pay the landlord $1,838.13.
[APPELLANT]
02 June 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 Must Pay Rent Arrears or Face Eviction
- Tenancy Tribunal Claimant wins rent dispute: Tenant ordered to pay $7,856.15
- Tenancy Tribunal Tenant's Non-Appearance Leads to Landlord's Possession Order
- Tenancy Tribunal Tenant's Failure to Return Constitutes Abandonment
- Tenancy Tribunal Tenancy Tribunal Rules: Tenant Must Clean Premises Before Leaving
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Damages
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 responsible for rent arrears.
- Tenant must pay utility charges and damage costs when breaching tenancy obligations.
- Tenant required to maintain the premises clean upon termination of lease agreement.
- Landlord entitled to possession if tenant does not attend hearing after valid notice.
- Tenant's failure to return to premises as arranged constitutes abandonment.
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 tenant to pay rent arrears, cleaning costs, and compensation for property damage beyond fair wear and tear.
Who was involved?
A landlord (the claimant) and a tenant were involved in the dispute.
How did the court decide, and why?
The court decided that the tenant must pay rent arrears and damages because they failed to leave the property clean and tidy and caused damage beyond fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986 was applied, specifically sections dealing with rent arrears, property damage, and cleaning obligations.
What was the argument that mattered most?
The claimant's evidence of rent arrears and damages beyond fair wear and tear was crucial in securing a favorable outcome.
Was the decision for or against the person who brought the case?
The decision was for the landlord (the claimant).
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they leave their rental property clean and tidy, return all keys, and avoid causing damage beyond fair wear and tear.
What evidence or documents mattered?
Rent records, invoices, photos, and witness statements were important pieces of evidence.
Can a decision like this be appealed?
Yes, both the landlord and tenant can appeal to the District Court within 10 working days if they believe there was a substantial wrong or miscarriage of justice.
Is it worth getting a lawyer for a case like this?
It is recommended to seek advice from a qualified lawyer to understand your rights and options fully.