Tenant Ordered to Pay $2,804.61 for Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $2,804.61 for rent arrears and damages. The tenant failed to remove all rubbish and caused damage to the kitchen floor, walls, and a window.
⚖️ Legal holding
A tenant must pay rent arrears and compensate for damages beyond fair wear and tear.
📖 What the law says
This rule states that a tenant must pay rent when it is due and keep the rental property reasonably clean and tidy. When the tenancy ends, the tenant must leave the premises in a reasonably clean and tidy condition and remove all rubbish.
This rule makes a tenant responsible for actions or inactions 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's 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 rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages beyond fair wear and tear, totaling $2,804.61. The tenant failed to remove all rubbish and caused damage to the kitchen floor, walls, and a window.
📚 Full judgment Official document
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[2025] NZTT 5168631
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $2,804.61 immediately, calculated as shown in table below.
Description Landlord Rent arrears to 9/12/2024 $151.01 Rubbish removal: Interior and exterior including tyres $2,069.81 Repairs: Damage to kitchen floor $239.82 Repairs: Damage to walls x3 $130.02 Repairs: Window $213.95 Total award $2,804.61 Total payable by Tenant to Landlord $2,804.61
Reasons:
1. Only the applicant attended the hearing. There was no appearance by the tenant.
2. The landlord has applied for rent arrears and compensation following the end of the tenancy.
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How much is owed for rent?
3. The tenancy ended on 9 December 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy in the sum of $151.01.
Did the tenant comply with their obligations at the end of the tenancy?
4. 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.
5. The tenant did not remove all rubbish in both the interior and exterior of the premises including tyres.
6. The amounts ordered are proved. Photographs and the scope report for costs have been provided.
Is the tenant responsible for the damage to the premises?
7. 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.
8. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
9. The landlord claimed that the following damage was caused during the tenancy: damage to the kitchen floor and damage to five walls and a cracked window. The landlord provided entry and exit inspection reports and evidence of the cost to remedy. As there was no entry photograph for two of the walls damaged these amounts are not ordered. The damage to the floor and three walls and the window is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
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[NAME] 26 May 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 proved the amount of rent arrears with records and invoices.
- The tenant failed to remove all rubbish from the premises, including tyres.
- The landlord provided photographs and a scope report to prove the costs for rubbish removal.
- The damage to the kitchen floor, three walls, and a window was more than fair wear and tear.
- The tenant did not disprove their liability for the damage to the premises.
❌ Tends to be rejected
- The landlord's claim for damage to two walls was not ordered due to lack of entry photographs.
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 $2,804.61 for rent arrears and damages.
What was the dispute about?
The dispute was about unpaid rent and 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 remove all rubbish and caused damage to the property.
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 argument that mattered most was that the tenant did not comply with their obligations at the end of the tenancy and caused damage to the property.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they comply with their obligations at the end of the tenancy and avoid causing unnecessary damage to the property.
What evidence or documents mattered?
Photographs, entry and exit inspection reports, and invoices for rent and water rates were provided as evidence.