Tenant Ordered to Pay $5,055.06 for Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $5,055.06 to the landlord for unpaid rent and damages to the rental property, including cleaning and necessary repairs.
⚖️ 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 on time as agreed in the tenancy agreement. It also requires the tenant to keep the rental property reasonably clean and tidy, and to leave it in that condition when the tenancy ends, removing all their belongings and rubbish.
This rule makes a tenant responsible for the actions of anyone they allow into the rental property. If that person does something that would break the tenancy agreement, the tenant is held accountable for it.
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 $5,055.06 for rent arrears and damages to the landlord, including cleaning and repairs, after the tenancy ended on 1 November 2024.
📚 Full judgment Official document
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[2025] NZTT 5121293
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] $5,055.06 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 1 November 2024 $152.86 Repairs: walls $430.71 Repairs: doors $360.05 Repairs: kitchen cabinet $130.68 Cleaning $995.24 Rubbish removal $2,978.03 Removal of tyres $90.05 Lawns and Garden work $127.44 Previous skip bin charge (balance owing) $26.00 Total award $5,291.06 Bond $236.00 Total payable by Tenant to Landlord $5,055.06
2. The Bond Centre is to pay the bond of $236.00 (3473530-006) to Kāinga Ora– Homes And Communities immediately.
Reasons:
1. Only the landlord attended the hearing.
2. The landlord has applied for rent arrears, compensation, and refund of the bond, following the end of the tenancy.
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How much is owed for rent?
3. The tenancy ended on 1 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
6. The amounts ordered are proved.
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. The following damage was caused during the tenancy: walls, doors, and kitchen cabinet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
9. The amounts ordered are proved.
[NAME]
23 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 rent arrears as proven by the landlord's rent records.
- The tenant is responsible for leaving the premises reasonably clean and tidy.
- The tenant must compensate for damages to the walls, doors, and kitchen cabinet that exceed fair wear and tear.
❌ Tends to be rejected
- The tenant did not attend the hearing to dispute the claims.
- The tenant did not provide evidence to disprove liability for the damages caused during the tenancy.
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 $5,055.06 to the landlord for rent arrears and damages.
What was the dispute about?
The landlord claimed rent arrears and damages to the property, while the tenant did not attend the hearing to contest these claims.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not attend the hearing and the landlord provided proof of the damages and rent arrears.
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 landlord's argument that the tenant was responsible for rent arrears and damages beyond fair wear and tear was the most important.
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 the rental property is left clean and undamaged at the end of the tenancy to avoid such penalties.
What evidence or documents mattered?
The landlord provided rent records and proof of damages to support the claims.