Tenant ordered to pay $5,734.29 for rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $5,734.29 for rent arrears and damages, including cleaning costs and repair fees for property damage. The tenant failed to comply with their obligations at the end of the tenancy, leaving the premises unclean and causing damage to the property.
⚖️ Legal holding
A tenant is responsible for rent arrears and damages beyond fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires the tenant to keep the rented property reasonably clean and tidy.
This rule also says that when a tenancy ends, the tenant must move out, take all their belongings, and leave the property in a reasonably clean and tidy state, removing all rubbish.
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 $5,734.29 for rent arrears and damages, including cleaning costs and repair fees for property damage. The tenant failed to comply with their obligations at the end of the tenancy, leaving the premises unclean and causing damage to the property.
📚 Full judgment Official document
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[2025] NZTT 5120909
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [COMPANY] $5,734.29 immediately, calculated as shown in table below.
Description Landlord Tenant Previous order 4955994: rent arrears to 06/11/24 less bond of $1,960
$2,283.57
Previous order 4955994: replacement keys during tenancy
$104.50
Previous order 4955994: glass repairs in kitchen and lounge
$427.01
Previous order 4955994: application fee
Rent arrears 7/11/24 – 21/11/24
$27.00
$1,103.57
Cleaning $350.00 Rubbish removal Lock/key replacement: Front door, back door, ranchslider
$242.00 $402.00
Repairs: Sleepout: damage to ranchslider $299.00 Repairs: Sleepout: holes in walls $287.00 Repairs: Backdoor glass $208.64
Total payable by Tenant to Landlord $5,734.29
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Reasons:
1. The landlord attended the video hearing. A call to the tenant’s last known mobile number went to voicemail.
2. On 6 November 2024, the Tribunal issued an order for the following:1
a. Immediate termination.
b. Rent arrears of $4,243.57 as at 6 November 2024.
c. Lock/key replacement relating to replacement keys provided to the tenant approximately six months earlier, $104.50.
d. Window repairs for damage that occurred approximately six months earlier in the kitchen and lounge, $427.01.
e. Reimbursement of the application fee.
f. Refund of the bond of $1,960.00 to the landlord.
3. After application of the bond, the total amount ordered for the tenant to pay the landlord was $2,842.08.
4. The landlord says the tenant moved out on 21 November 2024.
5. Following the end of the tenancy, the landlord has applied for further rent arrears to that date, and compensation for cleaning, rubbish removal and damage.
How much is owed for rent?
6. The landlord provided rent records which prove the total amount owing in rent arrears at the end of the tenancy was $3,387.14.
7. Under the previous order, the tenant was ordered to pay $4,243.57 in rent arrears to 6 November 2024.
8. The bond of $1,960 has been refunded to the landlord. After applying the bond to the arrears previously awarded, the amount still owing for rent arrears as at 6 November 2024 is $2,283.57.
9. The tenant has accrued a further $1,103.57 in rent arrears for the period 7 November to 21 November 2024.
10. I make an order accordingly.
1 [2024] NZTT 4955994.
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Did the tenant comply with their obligations at the end of the tenancy?
11. 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.
12. The tenant did not leave the premises reasonably clean and tidy. The landlord has filed photos taken on, or shortly after, 21 November 2024, that show the premises was not reasonably clean. The kitchen was unclean, the stove had not been cleaned, drawers had not been wiped down and there were dirt and marks on the walls.
13. The landlord has filed an invoice dated 4 December 2024 for $350.00 and says it took two cleaners three hours to clean the premises.
14. The amount ordered is proved.
15. The tenant did not remove all rubbish. The landlord has filed photos taken on, or shortly after, 21 November 2024, that show various items and rubbish left inside the premises. The landlord says a fridge was also left on the back deck and various items were left in the yard and behind the garage.
16. The landlord has filed an invoice dated 18 December 2024 for $242.00 for labour, rubbish removal and disposal.
17. The amount ordered is proved.
18. The landlord says the tenant did not leave any keys when they exited the premises on 21 November 2024 and therefore the landlord was required to replace the front door key, back door key and the key to the ranchslider in the sleepout. The landlord says the front door lock had been badly damaged, snapping the internal mechanism, and required a complete replacement.
19. The landlord has filed an invoice dated 22 November 2024 for $402.00.
20. The amount ordered is proved.
Is the tenant responsible for the damage to the premises?
21. 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.
22. The following damage was caused during the tenancy:
a. Damage to the ranchslider door to the sleepout; and
b. Damage to the walls inside the sleepout; and
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c. Broken glass in the back door.
23. The landlord filed photos showing the condition of the premises in October 2023, shortly before the tenancy started, and photos taken on, or shortly after, 21 November 2024, showing the above damage. The landlord has also filed invoices from contractors who carried out the repairs. The invoices are for the amounts as claimed by the landlord.
24. I am satisfied the damage occurred during the tenancy and is more than fair wear and tear. The tenant has not disproved liability for the damage.
25. The amounts ordered are proved.
[NAME]
26 March 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 was ordered to pay rent arrears of $1,103.57 for the period from November 7 to November 21, 2024.
- The landlord proved that the tenant did not leave the premises reasonably clean and tidy, requiring $350.00 for professional cleaning.
- The tenant was responsible for the cost of removing rubbish, totaling $242.00.
- The tenant was held accountable for replacing keys, costing $402.00.
❌ Tends to be rejected
- The tenant's failure to provide evidence disproving liability for the damages incurred during the tenancy.
- The tenant's inability to show that the damages were due to fair wear and tear rather than careless or intentional actions.
- The tenant's lack of compliance with the obligation to leave the premises clean and free of personal belongings.
- The tenant's non-compliance with returning all keys and security devices upon moving out.
- The tenant's failure to remove all rubbish from the premises, leaving various items and debris behind.
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 $5,734.29 for rent arrears and damages, including cleaning costs and repair fees for property damage.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and to leave the premises in a reasonable state of cleanliness and without causing damage.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears and damages because the tenant did not comply with their obligations at the end of the tenancy.
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 premises reasonably clean and tidy and caused damage to the property.
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 they leave the premises in a reasonable state of cleanliness and without causing damage to avoid financial penalties.
What evidence or documents mattered?
Photos of the premises taken on or shortly after the end of the tenancy, invoices for cleaning and repair services, and rent records mattered.