Tenant ordered to pay $5,209.63 for rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered a tenant to pay a landlord $5,209.63 for rent arrears and damages beyond fair wear and tear. The tenant agreed to the rent arrears, and the landlord proved that the damages were not due to normal wear and tear.
⚖️ Legal holding
A tenant must pay rent arrears and compensate for damages beyond fair wear and tear.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time as agreed in the tenancy agreement. It also requires tenants to keep the premises reasonably clean and tidy, and to leave them in that condition when moving out, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant must pay the respondent $5,209.63 for rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $5,209.63 for rent arrears and damages beyond fair wear and tear. The tenant agreed to the amount of rent arrears and the landlord proved that the damages were not due to fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5187031
TENANCY TRIBUNAL AT HUTT VALLEY | TE TARAIPIUNARA RETIHANGA KI TE AWAKAIRANGI
APPLICANT: [redacted]
RESPONDENT: [redacted]
TENANCY ADDRESS: [ADDRESS], Whitemans Valley, RD 1, Upper Hutt 5371
ORDER
1. [NAME] must pay [COMPANY] $5,209.63 immediately, calculated as shown in table below.
2. The [COMPANY] is to pay the bond of $2,573.00 (6241694-011) to [COMPANY] immediately.
Description Landlord
The parties agreed to the following arrears and compensation Rent arrears to termination $2,171.43
Master Bedroom walls/ceiling repair $1,950.00 Two windows repaired $673.35 Door replacement $60.00 Ensuite and towel rail repair $680.00 Power socket repair $90.85 Carpet replacement - 2 bedrooms - excesses $1,300.00
Compensation determined by the Tribunal 1 set of curtains and labour $180.00
Conservatory carpet replacement excess Replacement bathroom mirror Methamphetamine cleaning excess.
$650.00 0.00 0.00
Filing fee reimbursement $27.00 Total award $7,782.63 Less Bond $2,573.00
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Total payable by Tenant to Landlord $5,209.63
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
3. The landlord provided a rent record which proves $2,171.43 was owing at the end of the tenancy. The tenant agreed to the amount of arrears.
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. Regarding the curtains (chattels), I am satisfied that the landlord needed to replace one set of curtains and a small amount of hanging time for the landlord is required. I have assessed compensation to be $180.00 for the curtain replacement.
6. The property did not need to be cleaned due to methamphetamine. The level of methamphetamine residue did not exceed 15ug/100mg2. The claim regarding compensation for methamphetamine cleaning was raised and dismissed in a previous application by the landlord. (TT App 5132308)
Is the tenant responsible for the damage to the premises?
7. As stated in the table above, the parties reached agreement about most items of damage being claimed.
8. The reasons for the orders regarding the conservatory carpet and bathroom mirror are as follows.
9. 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.
10. Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or
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four weeks' rent (or four weeks' market rent in the case of a tenant paying income- related rent). See section 49B(3)(a) RTA.
11. Regarding the carpet in the conservatory, the tenant claimed that the carpet could be cleaned. The insurer determined that because of the type of stains, the remedy was replacement. I am satisfied that it is unlikely that the insurer would pay out for replacement carpet if it could be cleaned. The tenant had opportunity to clean the carpet, if it could be cleaned, before the tenancy ended. I have therefore allowed the compensation of the amount of the excess for the carpet replacement.
12. Regarding the bathroom mirror, the tenant stated that the mirror was cracked at the start of the tenancy. The condition report at the start of the tenancy does not support the tenant’s position. I find that that the crack more likely occurred during the tenancy. However the damage does not appear to be the result of careless damage. The damage is at a corner of the mirror. The mirror attached to the wall by screws at each corner. The damage is consistent with movement in the wall such as with an earthquake, or pressure from cleaning if the mirror is not installed onto a completely flat surface. There is sufficient doubt regarding the cause of the crack that the claim must be dismissed.
Filing Fee
13. Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.
[NAME] 28 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 tenant agreed to the amount of rent arrears, which was proven by the landlord's record.
- The landlord successfully showed that one set of curtains needed replacement, along with some hanging time.
- The insurer's determination that the conservatory carpet needed replacement due to stain type was accepted.
- The tenant had the chance to clean the conservatory carpet before the tenancy ended, but did not.
- The landlord was successful with their claim, so the filing fee was reimbursed.
❌ Tends to be rejected
- The claim for methamphetamine cleaning was dismissed because the residue level did not exceed the threshold.
- The tenant's claim that the bathroom mirror was cracked at the start of the tenancy was not supported by the condition report.
- The claim for the bathroom mirror was dismissed due to sufficient doubt about whether the damage was caused carelessly.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay the landlord $5,209.63 for rent arrears and damages beyond fair wear and tear.
What was the dispute about?
The dispute was about the amount of rent arrears and whether certain damages were due to fair wear and tear.
How did the court decide, and why?
The court decided that the tenant must pay the landlord because the landlord proved the amount of rent arrears and the damages were not due to fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was proving that the damages were not due to fair wear and tear.
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 document any damages and agree on the amount of rent arrears.
What evidence or documents mattered?
The rent record and condition reports mattered.