Tenant ordered to pay $4,185.60 for rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $4,185.60 to the landlord for rent arrears, outgoings, and damages beyond fair wear and tear. The tenant left the premises unclean and left behind food, clothing, and rubbish.
⚖️ Legal holding
A tenant is liable for rent arrears, outgoings, and damages beyond fair wear and tear.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $4,185.60 for various charges.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $4,185.60 for rent arrears, outgoings, and damages beyond fair wear and tear. The tenant failed to leave the premises clean and tidy, leaving behind food, clothing, and rubbish.
📚 Full judgment Official document
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[2025] NZTT 5050497
TENANCY TRIBUNAL AT PAPAKURA | TE TARAIPIUNARA RETIHANGA KI PAPAKURA
APPLICANT: [redacted] Humna Khan C/[COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] - as Agent for Syed Ahmad & Humna Khan C/[COMPANY] $4,185.60 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent to 2 September 2024. $1,950.00 Cleaning and rubbish removal $752.50 Skip bin $310.00 Plumbing $253.00 Filing fee reimbursement $27.00 Water charges to August 2024 $533.10 Garden $360.00 Total award $4,185.60
Reasons:
1. The landlord attended the hearing today.
2. The landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy.
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How much is owed for rent and water?
3. The tenancy ended on 2 September 2024. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy.
4. There is no remaining bond.
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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.
6. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s photographs from the exit inspection performed on 3 September 2024 show a need for cleaning in the kitchen cupboards, the kitchen floor, oven, and laundry. The tenant left food, clothing, and black rubbish bags, including some hard rubbish.
7. The lawns needed mowing at the end of the tenancy.
Is the tenant liable for the plumbing charges?
8. Tenants are liable for intentional or carelessly caused damage to the premises. The tenancy agreement also required the tenant to keep the drains free from obstruction. The shower waste pipe was blocked by a toy car and several bottle caps. The laundry waste pipe was damaged and had to be repaired. I find the tenant liable for the cost of a plumber to fix these items. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Filing fee
9. The landlord must be awarded the filing fee.
[NAME]
24 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.
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 the landlord $4,185.60 immediately, as proven by rent records and water invoices.
- The tenant is responsible for leaving the premises clean and tidy, which they failed to do, requiring additional cleaning costs.
- The tenant is liable for plumbing charges due to intentional or careless damage to the drains.
- The landlord is entitled to the filing fee reimbursement.
❌ Tends to be rejected
- The tenant's failure to provide evidence disproving liability for the damage to the drains did not affect the ruling.
- The tenant's non-compliance with the obligation to keep the premises clean and tidy led to additional costs but no specific argument was presented by the tenant to contest this.
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 $4,185.60 for rent arrears, outgoings, and damages beyond fair wear and tear.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears, outgoings, and damages beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenant was liable for the charges because they failed to leave the premises clean and tidy and left behind food, clothing, and rubbish.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to leave the premises clean and tidy and left behind food, clothing, and rubbish.
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 leave the premises clean and tidy and remove all rubbish at the end of the tenancy.
What evidence or documents mattered?
The landlord's photographs from the exit inspection performed on 3 September 2024 showing the need for cleaning in the kitchen cupboards, kitchen floor, oven, and laundry mattered.