Tenant Ordered to Pay $1,081.91 for Damages and Non-Compliance
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $1,081.91 for damages and non-compliance with obligations at the end of the tenancy, including leaving the premises unclean and failing to return security devices.
⚖️ Legal holding
A tenant is required to leave the premises clean and tidy, remove all rubbish, and return all keys and security devices at the end of the tenancy.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy. When the tenancy ends, the tenant must leave the premises in a reasonably clean and tidy condition and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord for damages and non-compliance with obligations at the end of the tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,081.91 for damages and non-compliance with obligations at the end of the tenancy, including leaving the premises unclean and failing to return security devices.
📚 Full judgment Official document
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[2025] NZTT 5103811
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
[NAME] must pay [COMPANY] as agent for [NAME] $1,081.91 immediately, calculated as shown in table below.
Description Landlord Tenant Replace heat pump remote $60.05 Replace garage remotes x 2 $180.00 Repairs $5,796.72 Cleaning $200.00 Lawns and garden work $150.00 Rubbish removal $350.00 Filing fee $20.44 Reconciliation – landlord’s reconciliation $211.74 Excess $2,150.00 Insurance payout $7,613.56 Sub-totals $8,907.21 $7,825.30 Balance tenant must pay the landlord $1,081.91
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Reasons:
1. [NAME] attended the hearing for the landlord.
2. The tenant did not attend. The hearing proceeded in the tenant’s absence.
3. The landlord has applied for compensation, and reimbursement of the filing fee following 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.1
5. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
6. The tenant did not return the heat pump remote and two garage remotes.
7. The amounts ordered for replacing the remotes, cleaning, lawns and garden work, and rubbish removal are proved.
Is the tenant responsible for the damage to the premises?
8. During the tenancy, the tenant’s dog scratched three internal doors, windows and walls were graffitied, and walls in the living room and two bedrooms were holed. were s by the tenant’s dog
9. The damage was more than fair wear and tear.
10. The tenant has not proved they did not carelessly or intentionally cause or permit the damage.2
11. The amounts ordered are proved.
12. However, the landlord advised that the landlord received an insurance payout of $7,613.56 for the damage. That amount less the excess of $2,150.00 is applied to the tenant’s liability.
1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v). 2 RTA, s 40(2)(a), 41, and 49B.
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Filing fee
13. The tenant must reimburse the landlord for the filing fee.
[NAME]
29 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 tenant did not leave the premises clean and tidy.
- The tenant did not remove all rubbish from the premises.
- The tenant did not return the heat pump remote and two garage remotes.
- The damage caused by the tenant’s dog exceeded fair wear and tear.
- The landlord received an insurance payout which reduced the tenant’s liability.
- The tenant left the premises unclean and untidy.
- The tenant did not remove all rubbish from the premises.
- The tenant did not return the heat pump remote and two garage remotes.
- The damage caused by the tenant’s dog was more than fair wear and tear.
- The landlord received an insurance payout which offset part of the tenant’s liability.
❌ Tends to be rejected
- The tenant did not prove that the damage was due to fair wear and tear.
- The tenant did not provide evidence that they did not carelessly or intentionally cause the damage.
- The tenant did not attend the hearing, thus failing to present their side of the story.
- The tenant did not prove that the costs for repairs and cleaning were unjustified.
- The tenant did not contest the filing fee as being不合理，建议重新生成符合要求的回答。
- The tenant did not show that the damage was due to fair wear and tear.
- The tenant did not demonstrate that they did not carelessly or intentionally cause the damage.
- The tenant did not attend the hearing to defend themselves.
- The tenant did not dispute the costs for repairs and cleaning.
- The tenant did not argue against the filing fee.
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 the landlord $1,081.91 for damages and non-compliance with obligations at the end of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to leave the premises clean and tidy, remove all rubbish, and return all keys and security devices at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for damages and non-compliance with obligations because the tenant left the premises unclean and failed to return security devices.
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 had not complied with their obligations at the end of the tenancy, leaving the premises unclean and failing to return security devices.
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, it means they must ensure they comply with their obligations at the end of the tenancy to avoid having to pay damages.
What evidence or documents mattered?
The evidence included the condition of the premises, the replacement of security devices, and the filing fee.