Tenant Held Liable for Rent and Some Damages in Tenancy Dispute
📌 In brief
In a recent Tenancy Tribunal case, a tenant was found liable for rent during the notice period and some cleaning and repair costs. However, the tribunal did not hold the tenant responsible for all the repair costs claimed by the landlord.
⚖️ Legal holding
A tenant remains liable for rent during the notice period unless the landlord consents in writing or finds another tenant.
📖 What the law says
This rule states that a tenant must pay rent when it's due, keep the property reasonably clean and tidy, and leave it in that condition when they move out, removing all their belongings and rubbish.
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.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenant was found liable for rent and certain damages but not for all repairs claimed.
📜 Headnote Official document
The Tenancy Tribunal ruled that a tenant was liable for rent during the notice period and some cleaning and repair costs, but not for all repairs claimed by the landlord. The tenant was found to have breached their obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2026] NZTT 5421410
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $683.12 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $1,700.00 to [COMPANY] As Agent For [NAME] immediately.
Description Landlord Tenant Rent arrears to 26 November 2025 $1,275.00 Carpet Cleaning: including stain removal $450.00 Cleaning $230.12 Repairs: Wall damage $200.00 Window repairs $200.00 Filing fee reimbursement $28.00 Total award $2,383.12 Bond $1,700.00 Total payable by Tenant to Landlord $683.12
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Reasons:
1. [NAME] the property manager for the landlord attended the hearing. The tenant did not attend. The tenant was rung twice on his telephone number in the application, but neither call was answered. I am satisfied that the tenant has been given notice of today’s hearing and have proceeded in his absence.
2. The tenant was already living at the property in August 2023 when the landlord purchased the property, and the property manager began managing the property. It is unclear for how long prior to the landlord purchasing the property that the tenant lived there. During the hearing [NAME] contacted the real estate agency that sold the property and was told that the tenant was in place at least as early as January 2022.
3. The tenant sent an email to [NAME] on the 5 November 2025 saying that he was leaving the property the following week to relocate elsewhere in New Zealand. [NAME] advised him that he needed to give 21 days’ notice. On the 7 November the tenant handed in the keys to the property manager.
4. The landlord decided to sell the property soon after the tenancy ended.
5. The landlord is claiming:
a. Rent from 5 November to 26 November (which is the required notice period) $1275.00
b. Cleaning costs of $230.00.
c. Costs of repairing damage to the property as per an invoice from a maintenance person of $7153.00
d. The filing fee.
Is the tenant liable for rent?
6. In periodic tenancy tenants are required to give 21 days’ notice to end a tenancy. Tenants remain liable for rent during this notice period, unless the landlord has given written consent to the tenant to surrender the tenancy early, or the landlord finds another tenant, or sells the property during this period.
7. As the landlord never agreed in writing with the tenant that he could surrender the tenant earlier, nor was the property relet or sold, then the tenant remains liable for rent until the end of the notice period.
8. The landlord provided a copy of the rent ledger that proves the tenant owes this amount.
Did the tenant comply with their obligations at the end of the tenancy?
9. 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
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chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
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. The landlord provided an inspection report of the property at the end of the tenancy (the report was completed on the 18 November). It shows that some effort has been made to clean the property by the tenant but there are still areas of the property that are not reasonably clean and tidy, including the flooring throughout the house, and the bathroom and rangehood. I consider that the amount claimed by the landlord for cleaning is reasonable for the work that needed to be completed, and I award that amount.
12. The landlord submitted an invoice from [NAME] dated 27 December 2025 for all the work done at the property by that company this includes, plastering, painting, repair of holes and nail/ hook damage on the walls, carpet cleaning, glass repairs, installing a toilet cistern, repairing lights and mowing lawns. It appears from the date of the invoice, which was shortly before the property was sold, that this work was completed not necessarily to remedy any damage caused by the tenant, but to get the house ready for sale.
13. The invoice details the exact work done but does not state exactly what the cost of each work was rather it costs the work on a room-by-room basis.
14. The landlord provided me with the inspection report that it did when the landlord first purchased the house in August 2023 and the tenant was living in the property. It is not easy to compare the condition of the property from August 2023 to the end of the tenancy as some of the photographs are for different areas or are covered by furniture or the photographs are of a poor quality.
15. [NAME] submitted that the property was newly renovated before the tenancy began, but the difficulty is that we do not know how long ago that was; as we do not know how long the tenant lived at the address before this owner brought it.
16. I am satisfied from the inspection report that the tenant put a hole in the door of bedroom 1 and that it appears that the tenant attempted to plaster over some holes in bedroom 1. I am also satisfied that the tenants stained the carpet in all areas where there was carpet, which would have required carpet cleaning to try and remove the stains. I am also satisfied that there were broken windows in the bathroom.
17. I am not satisfied that the tenant is responsible for the painting of the property, I say this because I do not know how long the tenant was in place and when the property was last painted. The walls are in need of a paint, but this may be as a
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result of fair wear and tear, so I award no amount for painting, beyond the amounts I have awarded for the door and wall repairs.
18. The Tribunal sees invoices for carpet cleaning and stain removal daily, and I award $450.00 for carpet cleaning and stain removal, which I consider reasonable for the condition of the carpets.
19. I would have awarded some costs towards lawnmowing, but the trade persons invoice shows that the landlord was not charged for this work.
20. I have awarded $200 for the glass repairs in the bathroom, deducted a small amount off the amount charged for the bathroom as that included the installation of the toilet cistern, which the tenant did not damage.
21. The amounts ordered are proved.
22. 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.
The filing fee.
23. [COMPANY] As Agent For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
07 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant remained liable for rent during the notice period since the landlord did not give written consent for early surrender.
- The landlord was awarded cleaning costs as the property was left in a condition requiring significant cleaning.
- The landlord received compensation for carpet cleaning and stain removal due to the tenant's actions.
❌ Tends to be rejected
- The landlord's claim for extensive repair costs was reduced because some repairs were done to prepare the property for sale, not solely due to tenant damage.
- The tenant was not held responsible for the painting of the property as it was unclear whether the damage was due to fair wear and tear.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was held liable for rent during the notice period and some cleaning and repair costs, but not for all repairs claimed by the landlord.
What was the dispute about?
The dispute was about whether the tenant owed rent during the notice period and was responsible for various cleaning and repair costs.
How did the court decide, and why?
The court decided that the tenant was liable for rent during the notice period because the landlord did not give written consent for early surrender and did not find another tenant. The court also awarded some cleaning and repair costs but not all the costs claimed by the landlord.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was required to give 21 days’ notice to end a tenancy and remained liable for rent during this period unless the landlord gave written consent or found another tenant.
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?
For someone in a similar situation, they should ensure they provide proper notice to end a tenancy and comply with their obligations to avoid liability for rent and damages.
What evidence or documents mattered?
The rent ledger, inspection reports, and invoices for cleaning and repairs mattered in this case.