Tenant Ordered to Pay $2,386.50 for Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $2,386.50 for rent arrears, cleaning, rubbish removal, and repairs due to damage to the property. The tenant failed to leave the premises reasonably clean and tidy, and did not remove all rubbish as required under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is required to leave the premises reasonably clean and tidy, remove all rubbish, and compensate the landlord for damages and cleaning costs.
📖 What the law says
This section states that a tenant must pay rent on time, keep the property reasonably clean and tidy, and notify the landlord of any damage or needed repairs. When moving out, the tenant must leave the premises in a reasonably clean and tidy condition and remove all rubbish.
This section makes a tenant responsible for the actions of anyone they allow onto the property, if those actions would have broken the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the property 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 Tenancy Tribunal ordered the tenant to pay the landlord $2,386.50 for rent arrears, cleaning, rubbish removal, and repairs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $2,386.50 for rent arrears, cleaning, rubbish removal, and repairs due to damage to the property. The tenant failed to leave the premises reasonably clean and tidy, and did not remove all rubbish as required under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5178714
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] As Trustess For [COMPANY] $2,386.50 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 26 December 2024 $1,350.00 Rubbish removal $241.50 Cleaning $250.00 Repairs: Walls and floor $518.00 Filing fee reimbursement $27.00 Total award $2,386.50 Total payable by Tenant to Landlord $2,386.50
Reasons:
1. The landlord attended the hearing. The tenant did not.
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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3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
4. As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that:
…[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
5. I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.
RENT ARREARS
6. The landlord gave evidence that the tenancy ended on 26 December 2024 by mutual agreement. The landlord provided a rent summary which proves that rent arrears were $1,350.00 on this date.
7. The landlord’s claim for rent arrears is granted for $1,350.00.
CLEANING & RUBBISH REMOVAL
8. 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 (RTA).
9. The landlord claims the tenant did not remove all rubbish or leave the premises reasonably clean and tidy.
10. The landlord submitted photographs taken at the end of the tenancy. These show the tenant left personal and household belongings at the. General rubbish is also present, together with items of furniture and a clothes horse.
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11. It is clear from the photographs that the property has also not been cleaned. One photograph shows the kitchen sink with a small amount of food and empty drink carton in it.
12. Based on the photographs submitted by the landlord, I find that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
13. The landlord submitted invoices totalling $241.50 for rubbish removal and $250.00 for cleaning. The landlord’s claims for compensation are granted in full for these amounts.
14. The amounts ordered are proved.
DAMAGE
15. 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.
16. The landlord claims the tenant is responsible for scratches and holes in the walls. The landlord also claims the tenant is responsible for multiple scratches to the floor inside the property.
17. The landlord submitted photographs taken at the end of the tenancy. Marks to the walls are apparent. The tenant has attempted multiple patch repairs. The remedial work is not to a high standard and the damage is obvious.
18. From the photographs, numerous scratch marks on the floors are also apparent.
19. The landlord did not submit any photographs taken at the beginning of the tenancy, but gave oral evidence that the property, including the floors, were freshly painted at the beginning of the tenancy. In the absence of any evidence to the contrary, I accept the landlord’s evidence.
20. Based on the photographs submitted and evidence given at the hearing, I find that the following damage occurred during the tenancy:
a. Marks and holes in the walls; and
b. Numerous scratches to the floor.
21. This tenancy was only two months long. The fact that this damage was sustained in such a short amount of time indicates unreasonable use on behalf of the tenancy. I find that the damage is more than fair wear and tear.
22. The tenant has not disproved liability for the damage.
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23. The landlord submitted an invoice for $518.00 to repair the walls and floor. The landlord’s claim for compensation is granted in full for this amount.
24. The amounts ordered is proved.
25. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
FILING FEE
26. [NAME] As Trustess For [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
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.
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 landlord provided a rent summary proving $1,350.00 in rent arrears.
- Photographs showed the property was left dirty with visible food residue in the kitchen sink.
- The landlord submitted invoices totaling $241.50 for rubbish removal and $250.00 for cleaning.
- Photographs demonstrated multiple patches on the walls indicating damage during the tenancy.
- The landlord provided an invoice for $518.00 to repair the walls and floor, which was accepted.
❌ Tends to be rejected
- The tenant did not attend the hearing to dispute the claims.
- The tenant did not provide any proof that the damage was due to fair wear and tear.
- There was no submission of photographs taken at the beginning of the tenancy to compare conditions.
- The tenant did not offer any explanation or evidence for the state of the property at the end of the tenancy.
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 $2,386.50 for rent arrears, cleaning, rubbish removal, and repairs due to damage to the property.
What was the dispute about?
The dispute was about the tenant's failure to leave the rental property in a clean and tidy state, and the resulting costs for the landlord.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish as required under the Residential Tenancies Act 1986.
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 most critical argument was that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish as required under the Residential Tenancies Act 1986.
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 that they leave the rental property in a clean and tidy state and remove all rubbish before the end of the tenancy.
What evidence or documents mattered?
Photographs showing the state of the property at the end of the tenancy and invoices for cleaning and rubbish removal were key pieces of evidence.