Tenant ordered to pay $4,359.14 for rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $4,359.14 for various costs including rent arrears, repairs, cleaning, and filing fees following the termination of the tenancy agreement. This decision was based on the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is liable for rent arrears, damages to the premises, and cleaning costs upon termination of the tenancy.
📖 What the law says
This rule outlines a tenant's responsibilities, including paying rent on time, keeping the premises reasonably clean and tidy, and leaving the property in a similar condition with all rubbish removed when the tenancy ends.
This rule allows the Tribunal to proceed with a hearing and make a decision, or dismiss or adjourn the matter, even if a party does not attend, provided they were properly notified.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $4,359.14 for various costs including rent arrears, repairs, cleaning, and filing fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $4,359.14 for various costs including rent arrears, repairs, cleaning, and filing fees following the termination of the tenancy agreement. The decision was based on the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5119909
TENANCY TRIBUNAL AT WHANGAREI | TE TARAIPIUNARA RETIHANGA KI WHANGĀREI-TERENGA-PARĀOA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: The front house, [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $4,359.14 immediately, calculated as shown in table below.
Description Landlord Tenant Balance of rent arrears to 1 April 2025 $531.44 Repairs, replacement of chattels, keys $2,320.70 Cleaning, carpet cleaning, rubbish removal, pest control $1,480.00 Filing fee reimbursement $27.00 Total award $4,359.14 Total payable by Tenant to Landlord $4,359.14
Reasons:
Background
1. On 1 April 2025 the Tribunal made an order terminating the tenancy and awarding rent arrears to the landlord. The bond was released to the landlord in that order.
2. The landlord’s claim for repairs, cleaning, and other costs was adjourned.
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3. That hearing took place today at the [ADDRESS]. Ms represented the landlord at the hearing. There was no appearance by the tenant.
4. I am satisfied that the application was served on the tenant and the hearing proceeded in her absence.1
Rent
5. The previous order awarded rent arrears of $11,314.28.
6. The landlord’s rent record shows that the rent arrears to 1 April 2025 are $11,845.72.
7. The landlord is entitled for an order for the balance, which is $531.44.
Repairs, replacement of chattels
8. Tenants are liable for careless or intentional damage that occurs during the period of the tenancy. Tenants are liable for damage that is caused by themselves or by anyone who is at the premises with their consent.2
9. The landlord’s evidence shows that there was damage to the premises during the tenancy, including:
a. Holes in walls and children’s writing on walls.
b. Damage to doors.
c. Damage to kitchen cupboards.
d. Fence partially removed.
e. Missing window latches.
f. Missing smoke alarms.
g. Missing lightbulbs.
10. The repairs were carried out by [COMPANY], a company related to the landlord. I have reviewed the repair invoice and supporting documents. I am satisfied that the repair costs claimed are fair and reasonable, and are in fact significantly less than ‘standard’ market rates.
11. All of the damage detailed above is careless or intentional damage.
12. The claim is proven.
Cleaning, rubbish removal
1 Section 92 Residential Tenancies Act 1986 (“RTA”) 2 Section 49B RTA
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13. Tenants must leave the premises reasonably clean and tidy and remove all rubbish at the end of the tenancy. Tenants must also return all keys.3
14. Ms [NAME] provided numerous photographs showing the condition of the premises at the end of the tenancy.
15. The property was not left in a reasonably clean and tidy condition. The carpet was very badly stained. The interior was very dirty, in particular the stove. There was a serious cockroach infestation at the property.
16. The amounts claimed for cleaning, carpet cleaning, pest control, rubbish removal, and replacement of keys are proven and are fair and reasonable.
Filing fee
17. The applicant has been successful in this application and I must also award them the filing fee of $27.00.4
[NAME]
23 April 2025
3 Section 40(1)(e)(iii) RTA 4 Section 102(4) RTA
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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 is responsible for paying rent arrears.
- The tenant is liable for damages to the premises caused by themselves or with their consent.
- The tenant must leave the premises reasonably clean and tidy at the end of the tenancy.
- The tenant must pay for cleaning and pest control costs due to the poor condition of the property.
- The landlord is entitled to reimbursement for filing fees.
❌ Tends to be rejected
- The tenant's absence at the hearing did not affect the ruling.
- The tenant's responsibility for missing smoke alarms and lightbulbs was established.
- The tenant's obligation to replace keys was confirmed.
- The tenant's duty to ensure the property was clean and free of pests was enforced.
- The tenant's liability for the cost of repairs was determined to be fair and reasonable.
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 $4,359.14 for various costs including rent arrears, repairs, cleaning, and filing fees.
What was the dispute about?
The dispute was about the tenant's responsibility to pay for rent arrears, damages to the premises, and cleaning costs upon termination of the tenancy agreement.
How did the court decide, and why?
The court decided that the tenant was responsible for paying the landlord for rent arrears, repairs, cleaning, and filing fees because these costs were incurred due to the tenant's actions during the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(iii), 49B, 54, and 92 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was liable for the costs incurred due to their actions during the tenancy, such as damage to the premises and failure to leave the property clean and tidy.
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?
This means that tenants are responsible for paying rent arrears, repairing damages to the premises, and ensuring the property is left clean and tidy upon termination of the tenancy agreement.
What evidence or documents mattered?
Photographs showing the condition of the premises at the end of the tenancy and repair invoices were presented as evidence.