Tenant ordered to pay $1,056.97 for arrears and damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $1,056.97 to the landlord for rent arrears, water rates, cleaning, and other damages left at the end of the tenancy. The tenant did not attend the hearing and failed to comply with their obligations under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is obligated to pay rent arrears, water rates, and compensate for damages left at the end of a tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in a similar condition with all rubbish removed when the tenancy ends. In this case, the tenant failed to meet these obligations, leading to an order to pay for rent arrears, cleaning, and damages.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay $1,056.97 to the landlord for various arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,056.97 to the landlord for rent arrears, water rates, cleaning, and other damages left at the end of the tenancy. The tenant did not attend the hearing and failed to comply with their obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5063970
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. [NAME] must pay [The landlord/s] $1,056.97 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 16 September 2024 $2,788.57 Water rates to 16 September 2024 $328.40 Lock/key replacement $380.00 Cleaning $483.00 Rubbish removal $250.00 Filing fee reimbursement $27.00 Total award $4,256.97 Bond $3,200.00 Total payable by Tenant to Landlord $1,056.97
3. The [COMPANY] is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons:
1. The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 587.
__________________________________________________________________________________ 5063970 2
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 and water rates?
3. The tenancy ended on 16 September 2024. The landlord provided rent records and water rates invoices which prove the amounts owing of $2,788.57 for rent and $328.40 for water usage 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 benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
5. The landlord has provided photographs that prove the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Invoices have been provided as evidence of the costs claimed and include $483.00 for cleaning and $250.00 for rubbish removal.
6. The tenant also did not return the keys and the landlord was required to have the locks changed at an invoiced cost of $380.00.
7. The amounts ordered are proved.
8. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 17 March 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant must pay rent arrears as proven by the landlord's rent records.
- The tenant must pay for water rates based on the landlord's invoices.
- The tenant did not leave the premises clean and tidy, requiring professional cleaning.
- The tenant did not remove all rubbish, necessitating rubbish removal services.
- The tenant did not return the keys, leading to the replacement of locks.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay $1,056.97 to the landlord for rent arrears, water rates, cleaning, and other damages left at the end of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears, water rates, and to clean the premises at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $1,056.97 because the tenant did not comply with their obligations under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(1)(e)(ii)-(v), was applied.
What was the argument that mattered most?
The most important argument was that the tenant had not paid rent arrears, water rates, and had left the premises uncleaned, violating their obligations under the Residential Tenancies Act 1986.
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 comply with their obligations at the end of a tenancy to avoid financial penalties.
What evidence or documents mattered?
Photographs proving the state of the premises and invoices for rent arrears, water rates, cleaning, and rubbish removal were presented as evidence.