Tenant Ordered to Pay $1,027.00 for Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $1,027.00 for unpaid rent, damages to the rental unit, and the return of the bond. The landlord successfully showed that the tenant owed rent and caused damages that went beyond normal wear and tear.
⚖️ Legal holding
A tenant must pay rent arrears, compensate for damages, and repay the bond if the landlord proves these claims.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy if they believe the landlord gave the notice because the tenant used their rights or complained about the landlord. The tenant must apply within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $1,027.00 for rent arrears, damages, and bond repayment.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,027.00 for rent arrears, damages, and bond repayment. The landlord proved that the tenant owed rent arrears and caused damages beyond fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5155131
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] T/A [NAME] as Agent for [NAME] $1,027.00 immediately, calculated as shown in the table below.
2. [COMPANY] is to pay the bond of $2,600.00 (6548066-001) to [COMPANY] T/A [NAME] as Agent for [NAME] immediately.
Description Landlord Tenant Insurance excess $1,000.00 Filing fee reimbursement $27.00 Bond deducted from insurance settlement $2,600.00 Total award $3,627.00 Bond $2,600.00 Total payable by Tenant to Landlord $1,027.00
Reasons:
1. The landlord attended the hearing today. There was no appearance by the tenant.
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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.
Rent
3. The tenancy ended on 23 January 2025. The landlord provided rent records showing rent arrears of $2,852.00.
Cleaning and Rubbish Removal
4. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
5. There was some cleaning required to the oven and a mattress, bedframe, bike, and other items had been left behind. The invoiced amount for cleaning and rubbish removal was $632.50.
Damage to Premises
6. 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.
7. There was some minor damage to the walls of the premises in the stairwell and an external gate was missing. The damage in the stairwell is more than fair wear and tear and the tenant has not disproved liability for the damage.
8. The invoiced cost of repairs was $1,194.85. Insurers paid $194.00 for the repairs after deduction of the $1,000.00 excess.
Payment by Insurers
9. The situation is complicated by the fact that insurers accepted liability to pay a maximum of 8 weeks’ loss of rent, less any amount recoverable from funds held as rent in advance and the bond.
10. Insurers agreed to pay 8 weeks rent ($5,200.00) but deducted the remaining part of the bond ($1,679.50) from this amount after first deducting cleaning ($632.50) and locks ($288.00) from the bond. In other words, insurers reduced their liability by notionally crediting the bond to the landlord.
11. To the best of my understanding, what this means is that insurers have paid for all the claims, after deduction of the $1,000.00 excess and the bond. It follows that, on these unusual facts, the bond of $2,600.00 represents uninsured loss and must be refunded to the landlord.
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Filing Fee
12. The landlord’s application has succeeded. I award the filing fee.
[NAME]
08 April 2025
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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 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/
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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 landlord proved there were rent arrears of $2,852.00.
- The landlord showed there was minor damage to the walls and a missing external gate.
- The landlord demonstrated that the bond of $2,600.00 represented uninsured loss due to the insurer's deductions.
- The landlord successfully requested reimbursement for the filing fee of $27.00.
❌ Tends to be rejected
- The tenant did not appear at the hearing to dispute the claims.
- The tenant did not provide evidence to disprove their responsibility for the damages to the walls and the missing gate.
- The tenant did not contest the amount of rent arrears claimed by the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay the landlord $1,027.00 for rent arrears, damages, and bond repayment.
What was the dispute about?
The landlord claimed the tenant owed rent arrears, caused damages to the rental unit, and left behind personal items requiring cleaning.
How did the court decide, and why?
The court decided in favour of the landlord because the landlord provided evidence showing the tenant owed rent and caused damages beyond fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The landlord's proof that the tenant owed rent and caused damages beyond fair wear and tear was the most important argument.
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 they pay their rent on time and leave the rental unit in good condition to avoid such penalties.
What evidence or documents mattered?
The rent records, invoices for cleaning and repairs, and the bond were the key pieces of evidence.