Tenant ordered to pay $1,752.75 for rent arrears and compensation
📌 In brief
The Tenancy Tribunal ordered a tenant to pay the landlord $1,752.75 for rent arrears, electricity costs, and a microwave. The tenant was required to leave the premises reasonably clean and return all chattels provided for their benefit.
⚖️ Legal holding
A tenant is required to pay rent arrears and compensate the landlord for missing chattels and electricity costs under the Residential Tenancies Act 1986.
📖 What the law says
This section states that a tenant must pay rent on time as agreed. It also requires the tenant to keep the rented property reasonably clean and tidy, and to leave it in that condition, removing all their belongings and rubbish, when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $1,752.75 for rent arrears, electricity costs, and a microwave.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,752.75 for rent arrears, electricity costs, and a microwave. The tenant was required to leave the premises reasonably clean and return all chattels provided for their benefit.
📚 Full judgment Official document
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[2026] NZTT 5436928
TENANCY TRIBUNAL AT NELSON | TE TARAIPIUNARA RETIHANGA KI WHAKATŪ
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $1,752.75 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 9 January 2026 $1,447.00 Electricity $227.75 Microwave $50.00 Filing fee reimbursement $28.00 Total award $1,752.75 Total payable by Tenant to Landlord $1,752.75
2. A stay on proceedings is put in place. That remains in place until Friday 3 July 2026, or if [NAME] has had an application processed by Tenancy Services by that date, the stay will remain in place until that application is heard. This monetary order can be included in any subsequent order that follows any tenant application, or the stay lapses.
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Reasons:
1. Both parties attended the hearing. This was a continuation after the first hearing on 16 April 2026.
2. The landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy.
3. As with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That means that it is for the party bringing the application to establish their claims “on the balance of probabilities.” That means that in this case, the landlord must establish that what they are claiming is more likely than not.
4. The term “balance of probabilities” means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is more likely. I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely. It is not a question of a party not being “right” or not telling the truth, the sole issue is whether they have on the evidence presented, proven that their claim is more likely than not.
5. This tenancy lacked a written tenancy agreement and rent was paid by various methods, including cash.
6. In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered where applicable to the claims to be determined today.
How much is owed for rent?
7. The tenancy ended on 9 January 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy, accounting for cash as received.
8. There were ongoing rent arrears throughout the tenancy, generally varying within the $200-300 range. This was acknowledged by the tenant. The arrears increased near the end of the tenancy and the tenant disputed the way the tenancy ended, although based on the evidence I am satisfied 9 January 2026 is a reasonable date to set as when it ended and possession returned to the landlord. Given that, and no evidence from the tenant of non-accounted for payments, I accept and award the landlord $1,447.00 for rent arrears, as claimed.
9. The tenant claims an equitable set off may exist, but no counterclaim has been lodged. The conditional stay on proceedings is put in place to allow him time to
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lodge any claim as he chooses. This order may be enforced after 3 July 2026 if by that date no counterclaim has been processed by Tenancy Services, or if any application remains on hold as part processed. The landlord will receive advice from Tenancy Services of any lodgement as received.
10. [ADDRESS] of Appeal in Hamilton Ice Arena Ltd v Perry Developments Ltd [2002] 1 NZLR 309 stated:
…a tenant has a right to set off against rent cross claims which arise not only out of the same contact as the claim but also where the cross-claim arises directly out of the relationship of landlord and tenant or out of an agreement for lease, or otherwise where there is a sufficiently close connection between the transaction giving rise to the cost claim for the equitable doctrine of set-off to apply.
11. The High Court in O’[NAME] v [NAME] AP 110 – PL 01, held that equitable set-off applied to residential tenancies.
12. Given the hearing history since the application was lodged on 2 February 2026, as well as tenant prior advice as to the need to lodge a counterclaim (as evidenced in his submission), I make a conditional stay only.
How much is owed for electricity?
13. The landlord submitted accounting for electricity costs of $227.75. This was accepted by the tenant and is awarded.
Did the tenant comply with their obligations at the end of the tenancy?
14. 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.
15. The landlord claimed a number of missing chattels at the end of the tenancy, being a microwave, bedside cabinets and lights (x2), office chairs (x2) and an antique mirror.
16. There was no chattel list for this tenancy but the landlord used the police to pursue the return of the chattels after the tenancy ended. By the date of this hearing, the majority of chattels had been returned. There was a remaining dispute regarding a microwave. The crux of the issue appears the tenant considered that he sold it on behalf of the landlord (with her knowledge), with $50.00 to be paid to her. The landlord wanted it returned. The tenant said he could not as he had sold it. He wanted to pay the $50.00 to the landlord.
17. This due payment of $50.00 is accepted and it is recorded in this order.
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Filing fee
18. The landlord has been substantially successful and is therefore entitled to have the filing fee returned.
[NAME]
18 June 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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved rent arrears of $1,447.00 on the balance of probabilities.
- The tenant agreed to the electricity costs of $227.75.
- The tenant accepted paying $50.00 for the missing microwave.
- The landlord was awarded the filing fee reimbursement of $28.00.
❌ Tends to be rejected
- The tenant's claim for an equitable set off was not addressed as no counterclaim was lodged.
- The tenant's argument that the microwave was sold on behalf of the landlord was not accepted as the landlord wanted it returned.
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 $1,752.75 for rent arrears, electricity costs, and a microwave.
What was the dispute about?
The dispute was about the tenant's obligation to pay rent arrears, electricity costs, and compensate the landlord for missing chattels.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $1,752.75 because the landlord proved the claims on the balance of probabilities, and the tenant did not provide sufficient evidence to refute these claims.
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 landlord provided sufficient evidence to prove the claims on the balance of probabilities.
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 have clear records of payments and agreements to avoid disputes over rent arrears and compensation.
What evidence or documents mattered?
The evidence that mattered included rent records, accounting for electricity costs, and the condition of the premises at the end of the tenancy.