Tenant Ordered to Pay $4,800 for Rent and Water Arrears
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $4,800 for rent and water arrears, cleaning, lock changes, and oven repairs. The tenant left the property unclean and did not return the keys, leading to extra charges.
⚖️ Legal holding
A tenant is obligated to pay rent and water arrears, as well as compensate for damages beyond fair wear and tear.
📖 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 to leave the premises in a reasonably clean and tidy condition and remove all rubbish when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $4,800 for various arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $4,800 for rent and water arrears, cleaning, lock changes, and oven repairs. The tenant failed to leave the premises clean and did not return the keys, resulting in additional costs.
📚 Full judgment Official document
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[2025] NZTT 4920034
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenant owes the landlord the sum of $4,800.00 from the bond for rent and water arrears, cleaning, lock change, oven repair and filing fee reimbursement as detailed in paragraphs 17 and 18 of the reasons in this order.
2. The [COMPANY] is to pay the bond of $4,800.00 (6446940-006) to [COMPANY] immediately.
Reasons:
1. Only the applicant attended the hearing today.
2. On 18 September 2024 the Tribunal ordered substituted service by way of email and classified advertisement in the New Zealand Herald.
3. The matter was set down for hearing today and only the landlord attended.
4. The file records that the documents were sent to the tenant by email on 17 July 2024.
5. The landlord filed evidence of a classified advertisement in the New Zealand Herald on 24 February 2025.
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6. The file records that the tenant was also sent notice of today’s hearing by email on 17 February 2025.
7. I am satisfied that the tenant has been served by way of substituted service and the hearing is able to proceed.
8. The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
9. The tenancy ended by agreement on 15 April 2023, one week prior to the end of the fixed term. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
10. 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.
11. The tenant did not leave the premises reasonably clean and tidy. The landlord advised that the property had been vacuumed but as the tenant needed to leave in a hurry, he agreed to the landlord arranging a house clean including the kitchens and bathrooms and a carpet clean to remove stains.
12. The tenant did not return the keys.
13. The amounts ordered are proved. Invoices have been provided.
Is the tenant responsible for the damage to the premises?
14. 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.
15. The following damage was caused during the tenancy: The glass door in the oven burst. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has provided an invoice for the repair and advised that the tenant agreed to paying the cost of repair.
Amount to be ordered
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16. The landlord advised that the tenant gave him $3000.00 cash at the end of the tenancy towards vacated costs which is to be deducted from any amount ordered today.
17. The total end of tenancy costs claimed today are recorded as follows with the $3000 cash payment deducted:
18. The landlord advised today that all that he seeks is refund of the bond of $4800.00 and he will waive the balance of the debt of $479.58.
19. The landlord advised that he has spoken to the [COMPANY] by phone, and they have confirmed that the bond is still held by them.
20. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
10 April 2025
Description Landlord Tenant Rent arrears to 15/04/2023 $5,142.85 Cleaning $460.00 Carpet Cleaning $483.00 Lock/key replacement $1,368.50 Repairs: Replace oven door $610.52 Water rates to end of tenancy $194.27 Filing fee reimbursement $20.44 Amount already paid by tenant toward the debt $3,000.00 Total award $8,279.58 $3,000.00 Net owed $5,279.58
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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 rent records and water rates invoices proving the amounts owed.
- The tenant did not leave the premises reasonably clean and tidy, requiring extra cleaning.
- The tenant did not return the keys, necessitating a key replacement.
- The landlord provided an invoice for the repair of the broken oven door.
- The tenant agreed to pay the cost of repairing the damaged oven door.
❌ Tends to be rejected
- The tenant attempted to reduce the total amount owed through partial payments.
- The tenant did not provide evidence to disprove liability for the broken oven door.
- The tenant did not dispute the necessity of the extra cleaning and key replacement costs.
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 $4,800 for rent and water arrears, cleaning, lock changes, and oven repairs.
What was the dispute about?
The dispute was about unpaid rent and water arrears, as well as the condition of the property at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $4,800 because the tenant did not fulfill their obligations at the end of the tenancy, leaving the property unclean and failing to return the keys.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 40(2)(a) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not leave the property clean and did not return the keys, leading to additional costs for the landlord.
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?
For someone in a similar situation, it means that they must ensure the property is left clean and all keys are returned at the end of the tenancy to avoid additional costs.
What evidence or documents mattered?
The evidence included rent records, water rates invoices, and invoices for cleaning and repairs.