Tenant Ordered to Pay $4,435.19 for Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $4,435.19 for rent arrears and damages after determining that the tenant left the premises in an unreasonable condition, including significant rubbish and damage to doors and walls.
⚖️ Legal holding
A tenant is liable for rent arrears and damages if they fail to maintain the premises in a reasonable condition upon vacating.
📖 What the law says
This section states that a tenant must pay rent when it is due and keep the premises reasonably clean and tidy. It also requires the tenant, when ending the tenancy, to leave the premises in a reasonably clean and tidy condition and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal awarded the landlord $4,435.19 for rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal awarded the landlord $4,435.19 for rent arrears and damages after finding that the tenant failed to maintain the premises in a reasonable condition upon vacating.
📚 Full judgment Official document
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[2025] NZTT 5139109
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $4,435.19 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 22/11/2024 $501.14 Vacated damages $3,934.05 Total award $4,435.19 Total payable by Tenant to Landlord $4,435.19
Reasons:
1. A hearing was held today by teleconference. The landlord attended the hearing. The Tribunal was unable to contact the tenant on the phone number provided. I am satisfied that adequate service of the hearing notice was completed. In the circumstances, I consider it reasonable to proceed with the hearing in the tenant’s absence.
2. The landlord has applied for an order for rent arrears and damages following the end of the tenancy. In support of the application, the landlord has provided a final rent summary, a vacated damages statement, pre- and post-tenancy inspection reports, a notice to end the tenancy, and extensive photographic evidence showing the condition of the premises at the end of the tenancy. I am satisfied
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that the landlord’s evidence is credible and meets the standard required to establish the claims on the balance of probabilities.
How much is owed for rent?
3. The tenancy ended on 22 November 2024. The rent summary provided by the landlord establishes that $501.14 remained owing at the end of the tenancy. A small amount was paid after the tenancy ended, which the landlord correctly applied to the outstanding rent and damages balance. The tenant is liable to pay rent when it becomes due under section 40(1)(a) of the Residential Tenancies Act 1986 (“RTA”). I am satisfied that the landlord’s claim for rent arrears is proven in full.
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) RTA.
5. Where damage to the premises is alleged, the landlord must prove that the damage occurred during the tenancy and that it is more than fair wear and tear. If that is established, the onus shifts to the tenant to prove that the damage was not caused carelessly or intentionally. See sections 40(2)(a), 41 and 49B RTA. Tenants are also liable for the actions of others who occupy the premises with their consent.
6. In relation to damages, the landlord claims compensation for costs incurred in restoring the property after the tenant vacated. These include lawn cutting ($150), external rubbish removal in two stages ($615.45 and $820.60), internal rubbish removal ($1,286.65), cleaning ($312.06), minor plastering ($43.34 and $21.43), replacement of two damaged internal doors ($492.06), and stove cleaning ($162.46). The total claim for damages is $3,934.05. The landlord has withdrawn the claims relating to door hanging and curtain supply, as there was insufficient supporting evidence for those items.
7. The photographic evidence submitted by the landlord clearly shows that the premises were not left in a reasonably clean or tidy state. There was substantial rubbish left both inside and outside the property. No apparent cleaning had been done, and the stove and oven tray were in a visibly unhygienic condition with baked-on grime. In addition, two internal doors were damaged beyond repair and had to be replaced, and several minor holes in the walls required plastering. The damage exceeds what would be considered normal wear and tear.
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8. The costs claimed by the landlord are itemised and reasonable. I am satisfied that the work was necessary to return the premises to a reasonable standard and that the tenant is liable for the full amount claimed.
9. Accordingly, I find that the tenant is liable to pay the landlord $501.14 in rent arrears and $3,934.05 in damages, making a total award of $4,435.19.
J Setefano
14 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 provided a final rent summary showing $501.14 was still owed at the end of the tenancy.
- The landlord submitted extensive photographic evidence showing the property's poor condition when the tenancy ended.
- The landlord's evidence demonstrated that the premises were not left in a reasonably clean or tidy state.
- The landlord's evidence showed that damage to the property, including two internal doors and wall holes, exceeded normal wear and tear.
❌ Tends to be rejected
- The landlord withdrew claims for door hanging and curtain supply due to insufficient supporting evidence.
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 $4,435.19 for rent arrears and damages.
What was the dispute about?
The dispute was about the tenant's failure to maintain the premises in a reasonable condition upon vacating, leading to rent arrears and damages.
How did the court decide, and why?
The court decided that the tenant was liable for the rent arrears and damages because the premises were left in an unreasonable condition, with significant rubbish and damage to doors and walls.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(a), 40(1)(e)(ii)-(v), and 41 were applied.
What was the argument that mattered most?
The argument that mattered most was the photographic evidence showing the condition of the premises at the end of the tenancy, indicating that the premises were not left in a reasonable condition.
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 the premises are left in a reasonable condition upon vacating to avoid liability for rent arrears and damages.
What evidence or documents mattered?
Photographic evidence showing the condition of the premises at the end of the tenancy was crucial in establishing the damages claimed by the landlord.