Tenant Ordered to Pay $1,944.21 for Damages and Rent Arrears
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $1,944.21 for damages and unpaid rent. The tenant failed to clean the property properly and caused damage to the ceiling, door, and wall.
⚖️ Legal holding
A tenant is liable for damages beyond fair wear and tear if they cannot disprove liability.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and notifying the landlord of any damage or needed repairs. When moving out, tenants must leave the premises reasonably clean and tidy, remove all their belongings and rubbish, and return the keys.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $1,944.21 for various damages and arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,944.21 for various damages and arrears. The tenant failed to meet move-out obligations and caused damage beyond fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5060788
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $1,944.21 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $2,600.00 (3330036-010) to [NAME] immediately.
Description Landlord Rent arrears to 27/10/24 $2,725.71 Cleaning $100.00 Carpet Cleaning $300.00 Rubbish removal $57.50 Repairs: ceiling $862.50 Repairs: hole bedroom door $264.50 Repairs: wall - poor repair $207.00 Filing fee reimbursement $27.00 Sub-total $4,544.21 Bond $2,600.00 Total amount tenant must pay the landlord $1,944.21
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Reasons:
1. The landlord attended the hearing with [NAME] he as a support person.
2. The landlord has applied for rent and water arrears, compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy.
How much is owed for rent and water?
3. The tenancy began on 20 June 2021 and ended on 27 October 2024. The landlord provided rent records that prove the amount owing for rent at the end of the tenancy. The Tribunal orders the rent arrears as sought.
4. I am not satisfied the landlord has calculated the tenant’s water costs correctly. Therefore, I decline to make an order for water arrears.
Did the tenant comply with their obligations at the end of the tenancy?
5. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.1
6. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
7. The landlord proved the amounts the Tribunal has ordered for cleaning, carpet cleaning, and rubbish removal. The landlord incurred these costs due to the tenant’s breaching their move-out obligations, so the orders must be made.
Is the tenant liable for damage to the premises?
8. [NAME] says that the tenant damaged the ceiling by painting patches of the ceiling without completing the ceiling work; holing a bedroom door; holing a wall (which was inadequately repaired); damaging the garage door and a weatherboard; and painting over a section of wallpaper.
9. 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.
1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(iii).
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10. Tenants are responsible for the actions of people at the premises with their permission.2
11. Tenants are also liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for.3
12. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty.4
13. I am satisfied that the ceilings, bedroom door, and wall were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
14. The amounts ordered for these are proved as set out in the table above.
15. I am not satisfied that the garage door/weatherboard damage occurred during the tenancy because there were no pre-tenancy photographs to prove the door’s condition. I do not allow the claim for the tenant painting over a section of wallpaper because I am not satisfied the landlord suffered a loss given the house was to be sold and the wallpaper likely needed refurbishment anyway.
Filing fee
16. The tenant must reimburse the landlord for their filing fee.
R Kee
28 March 2025
2 RTA, ss 40(2)(a), 41 and 49B. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541.
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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 must pay rent arrears as proven by the landlord's rent records.
- The tenant must cover cleaning costs because the premises were left dirty.
- The tenant must pay for repairs to the ceiling, bedroom door, and wall since the damage was more than fair wear and tear.
- The tenant must reimburse the landlord for the filing fee.
❌ Tends to be rejected
- The tenant does not have to pay for water arrears as the landlord's calculation was not accurate.
- The tenant does not have to pay for damage to the garage door and weatherboard due to lack of proof of damage during the tenancy.
- The tenant does not have to pay for the cost of repainting over wallpaper sections as the landlord did not show a loss from this action.
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 $1,944.21 for damages and unpaid rent.
What was the dispute about?
The dispute was about unpaid rent, cleaning costs, and damage to the rental property.
How did the court decide, and why?
The court decided that the tenant was liable for the damages and arrears because they failed to clean the property and caused damage beyond fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(iii) and 49B(1) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to prove they did not cause the damage to the ceiling, door, and wall.
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 clean the property thoroughly and do not cause unnecessary damage when moving out.
What evidence or documents mattered?
The evidence that mattered included rent records, cleaning costs, and proof of damage to the property.