Tenant ordered to pay $1,268.42 for rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $1,268.42 for rent arrears, lock/key replacement, repairs, and filing fee reimbursement. The tenant did not return keys and caused damage to the premises beyond fair wear and tear.
⚖️ Legal holding
A tenant is required to pay rent arrears, compensate for damages beyond fair wear and tear, and reimburse filing fees.
📖 What the law says
This section states that a tenant must pay rent when it is due and keep the premises reasonably clean and tidy. It also requires the tenant to leave the premises in a reasonably clean and tidy condition and return all keys when the tenancy ends.
This section makes a tenant responsible for actions of others who are in the premises with their permission, if those actions would have been a breach of the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the premises while the tenant is there, it is assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $1,268.42 for rent arrears, lock/key replacement, repairs, and filing fee reimbursement.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,268.42 for rent arrears, lock/key replacement, repairs, and filing fee reimbursement. The tenant failed to return keys and caused damage to the premises beyond fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5091848
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 name and identifying details.
2. [NAME] must pay [The landlord/s] $1,268.42 immediately, calculated as shown in table below.
Description Landlord Rent arrears (to 13 September 2024) $270.00 Lock/key replacement $249.42 Repairs: Door $722.00 Filing fee reimbursement $27.00 Total award $1,268.42 Total payable by Tenant to Landlord $1,268.42
Reasons:
1. The landlord attended the hearing. The tenant did not attend.
2. The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
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How much is owed for rent?
3. The tenancy ended on 13 September 2024. The landlord provided rent records which prove the amount 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 benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
5. The tenant did not return the keys. The landlord provided an invoice in support of its claim. The amount ordered is proved.
Is the tenant responsible for the damage to the 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. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
7. An exterior, glazed door was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
8. The landlord provided photographs and an invoice to support his claim. The amount ordered is proved.
9. As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee and granted the landlord’s request for suppression.
R Morgan 27 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 landlord provided rent records proving the amount of rent arrears.
- The landlord showed that the tenant did not return the keys as required.
- The landlord presented photographs and an invoice proving damage to the door.
- The landlord requested and received reimbursement for the filing fee.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or arguments.
- The tenant did not attend the hearing to dispute the claims.
- The tenant did not prove that the damage was due to fair wear and tear.
- The tenant did not challenge the landlord's request for suppression of their identity.
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 the landlord $1,268.42 for rent arrears, lock/key replacement, repairs, and filing fee reimbursement.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears, return keys, and compensate for damages to the premises.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not provide evidence to disprove liability for the damages and did not return the keys.
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 did not provide evidence to disprove liability for the damages and did not return the keys.
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 return all keys and do not cause unnecessary damage to the premises.
What evidence or documents mattered?
The landlord provided rent records, invoices, and photographs to support the claims.