Tenant ordered to pay $11,450 for rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $11,450.00 for rent arrears and damages caused at the end of the tenancy. The tenant did not attend the hearing, and the Tribunal relied on the landlord's evidence and documentation.
⚖️ Legal holding
A tenant is liable for rent arrears and damages caused at the end of the tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean, and leaving it in a tidy condition when moving out.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $11,450.00 for rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $11,450.00 for rent arrears and damages caused at the end of the tenancy. The tenant did not attend the hearing, and the Tribunal relied on the landlord's evidence and documentation.
📚 Full judgment Official document
__________________________________________________________________________________ 5111909 1
[2025] NZTT 5111909
TENANCY TRIBUNAL AT HAMILTON | TE TARAIPIUNARA RETIHANGA KI KIRIKIRIROA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $11,450.00 immediately, calculated as shown in table below.
Description Landlord Tenant Rent owing to 28/11/2024 $9,750.00 Rubbish removal $98.00 Repairs, rubbish, lawns, change locks, repair 2 windows $1,575.00 Filing fee reimbursement $27.00 Total payable by Tenant to Landlord $11,450.00
Reasons:
1. Only the landlord attended the hearing. The tenant did not attend. A notice of the hearing date and time has been posted to the tenancy address as this is the only address for service. This is deemed to be proper service.
2. I did try to telephone the tenant’s number however the phone did not connect. The landlord tells me the tenant has texted him asking why he is taking a Tribunal claim. I am satisfied that the tenant is most probably aware of the hearing.
3. The landlord has applied for rent arrears and compensation.
__________________________________________________________________________________ 5111909 2
4. This was a tenancy intended to be for a fixed term from 5 July 2024 until 5 January 2025.
5. The landlord says he discovered on 15 November 2024 that the tenant had vacated. He reports that he could see through the windows that the tenant’s belongings were gone.
6. The tenant texted him that day to say he had gone because the landlord had told him to remove two cabins he had put at the property.
7. The landlord changed the locks and took back possession within the next few days.
How much is owed for rent?
8. The landlord provided rent records which prove the amount owing.
9. The tenant is liable to pay rent until the end of the fixed term or until new tenants are found, whichever is the earlier.
10. I award rent owing of $9,750.00 as claimed which is to 28 November 2024. The landlord says new tenants were found in mid-December 2024.
Did the tenant comply with their obligations at the end of the tenancy?
11. 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.
12. The landlord supplied photographs showing rubbish and unwanted belongings left behind in the garage.
13. Two windows were broken.
14. Children had scribbled on several walls inside the house.
15. There were two or three small holes in walls (possibly from cabling or similar).
16. Lawns were very overgrown.
17. I award the proven claims as below:-
a. Dump fees of $98.00;
b. Labour to collect rubbish, remove graffiti and repaint walls, change the locks, mow the lawns, and repair the broken windows total of $1,575.00.
18. Invoices were supplied.
19. I dismiss the claim for cleaning costs as there were no photographs to prove this was required.
__________________________________________________________________________________ 5111909 3
20. I dismiss the claim to replace the tv aerial as the address on the invoice was for a different property and the evidence was unclear.
21. A bond was paid by WINZ on behalf of the tenant, but the rent was already 5 weeks in arrears by this time, so the landlord did not lodge the bond with the Bond Centre. It is shown on the rent ledger.
22. I award the filing fee.
23. The tenant owes the landlord a total of $11,450.00.
N Maplesden
07 March 2025
__________________________________________________________________________________ 5111909 4
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 proved the amount of rent owed with their rent records.
- The landlord provided photographs showing rubbish and unwanted items left in the garage.
- The tenant was aware of the hearing because they texted the landlord about the claim.
❌ Tends to be rejected
- The claim for cleaning costs was dismissed because there were no photographs to prove it was needed.
- The claim to replace the TV aerial was dismissed because the invoice was for a different property.
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 $11,450.00 for rent arrears and damages.
What was the dispute about?
The dispute was about unpaid rent and damages left by the tenant at the end of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not attend the hearing and the landlord provided sufficient evidence of the rent arrears and damages.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40(1)(e)(ii)-(v) was applied.
What was the argument that mattered most?
The most important argument was the landlord's evidence of rent arrears and damages, supported by invoices and photographs.
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 provide adequate notice and leave the premises in good condition to avoid such penalties.
What evidence or documents mattered?
The evidence included rent records, invoices for repairs and services, and photographs of damages.