Tenant ordered to pay $10,771.65 for damages and arrears
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $10,771.65 for rent arrears and damages caused during the tenancy, such as replacing locks, paying water rates, removing rubbish, cleaning, and replacing damaged furnishings.
⚖️ Legal holding
A tenant is liable for rent arrears and damages caused during the tenancy.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $10,771.65 for various damages and arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $10,771.65 for rent arrears and various damages, including lock replacement, water rates, rubbish removal, cleaning, and replacing furnishings.
📚 Full judgment Official document
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[2025] NZTT 5124411
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
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] $10,771.65 immediately, calculated as shown in table below.
3. This order incorporates the Tribunal order made on 24 November 2024 under application 4986695.
Description Landlord Tenant Rent arrears (29/11/2024 – 16/12/2024) $1,080.00 Previous order application 4986695 dated 24/11/2024 $4,716.89 Lock/key replacement: and reglaze sunroom window $333.26 Water rates $372.00 Rubbish removal $2,242.50 Cleaning $500.00 Replace furnishings: carpet damage $1,500.00 Filing fee reimbursement $27.00 Total award $10,771.65 Total payable by Tenant to Landlord $10,771.65
Reasons:
1. The landlord’s representative attended the hearing which was held remotely. I telephoned the tenant however the phone went to voicemail. I continued with
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the hearing as the tenant has been emailed notice of the hearing date and time to their address for service.
2. The landlord has applied for rent arrears and compensation for costs incurred following the end of the tenancy.
How much is owed for rent?
3. The tenancy ended on 28 November 2024 by a previous order of the Tribunal under application 4986695.
4. The landlord advised today that it claims rent up to 16 December 2024 because the tenants did not return possession until that date.
5. After hearing evidence of communication on behalf of the tenant to the landlord saying that more time was needed to remove belongings and rubbish, I do award the claim.
6. The previous order awarded rent up to 28 November 2024. I calculate the extra rent payable to 16 December 2024 as $1,080.00 and award this now.
Other claims
7. The landlord provided two water rates invoices for water used for the period from January 2024 until the end of the tenancy. The total payable is $372.00 (one invoice for $196.00 and the second invoice for $176.00). The tenancy agreement states that the tenant is required to pay for water if it is separately metered, so I award these claims.
8. The tenant did not return the keys. The landlord had the locks changed.
9. The previous order awarded the costs of reglazing two broken windows. One additional window in the sunroom was found broken after the tenancy ended.
10. A large amount of rubbish and unwanted furniture and other belongings were left at the premises, inside and outside and in the shed. Some items were bulky and heavy (wooden pallets, metal tyre rims, and outdoor furniture).
11. The premises were not left reasonably clean and tidy. The landlord will have to either clean the premises themselves or employ a contractor to do so. This has not yet happened as the landlord does not have the finances to do so. I award $500.00 compensation in recognition that the work will need to be done and at a calculation of 20 hours work at $25.00 per hour.
12. Invoices and quotes were supplied.
13. The landlord engaged a professional carpet cleaning company however was advised the carpets were too heavily stained and soiled to be successfully
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cleaned. There is also the possibility of methamphetamine contamination although in-depth testing has not yet been done.
14. The photographs from the final inspection satisfy me that the carpet was damaged beyond cleaning or repair. It was about four years old at the end of the tenancy so should have lasted at least another four to five years.
15. The landlord has supplied a quote to remove the damaged carpet and replace and lay new carpet for $4,260.00. This work has not yet been done. The landlord does hold insurance and the excess is $1,000.00. The insurer is likely to charge at least two excesses (as these are usually charged per room). I award $1,500.00 which allows for the value of the carpet lost due to damage.
16. The carpet replacement claim is an amendment the landlord added the day before the hearing. The tenant may not have been aware of this change to the claim. The tenant has the option to apply for a rehearing if she considers a substantial wrong or miscarriage of justice has occurred.
17. The previous order is incorporated into this order for enforcement purposes.
18. The landlord has succeeded with the claims so I award the filing fee and suppress its name, as sought.
19. The bond was refunded on the previous order.
[NAME] 03 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.
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 communicated they needed more time to remove belongings and rubbish, which the court considered.
- The landlord provided invoices for water rates, which the court awarded based on the tenancy agreement.
- The landlord showed that the premises were left in a state requiring significant cleaning and removal of rubbish.
- The landlord presented a quote for replacing the damaged carpet, which the court partially awarded.
❌ Tends to be rejected
- The tenant's failure to return possession of the property until the specified date resulted in additional rent being awarded.
- The tenant did not return the keys, leading to the landlord having to change the locks, which the court awarded costs for.
- The tenant left behind a large amount of rubbish and unwanted furniture, which the court awarded compensation for cleanup.
- The tenant did not provide evidence or arguments against the carpet replacement claim, allowing the court to award partial compensation.
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 $10,771.65 for rent arrears and various damages.
What was the dispute about?
The dispute was about the tenant owing rent arrears and causing damages to the rental property.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears and damages because the tenant did not return the property in good condition and left behind unpaid bills and damages.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was the evidence showing the extent of the damages and the outstanding rent arrears.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they leave the rental property in good condition and settle all outstanding bills before the end of the tenancy.
What evidence or documents mattered?
The evidence included invoices for water rates, quotes for cleaning and repairs, and photographs from the final inspection.