Tenant ordered to pay $5,778.28 for rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $5,778.28 for rent arrears and damages, including cleaning and repair costs, after finding that the tenant left the premises in a dirty state and did not return the keys.
⚖️ Legal holding
A tenant is liable for rent arrears and damages resulting from breaches of their obligations under the Residential Tenancies Act 1986.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in a reasonably clean and tidy condition when moving out, removing all belongings and rubbish, and returning the keys.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and damages for breach of tenancy obligations.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $5,778.28 for rent arrears and damages, including cleaning and repair costs, after finding that the tenant failed to leave the premises reasonably clean and tidy and did not return the keys.
📚 Full judgment Official document
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[2025] NZTT 5148892
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agents For [NAME] $5,778.28 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $2,240.00 to [COMPANY] As Agents For [NAME] immediately.
Description Landlord Tenant Rent arrears $6,004.00 Cleaning $700.00 Rubbish removal $632.50 Compensation to new tenant for cleaning $188.28 Lock/key replacement $241.50 Repairs Blinds and Oven $225.00 Filing fee $27.00 Total award $8,018.28 Bond $2,240.00 Total payable by Tenant to Landlord $5,778.28
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Reasons:
1. The landlord attended the hearing. Two attempts were made to reach the tenant and one to reach her son at the numbers provided, but no contact could be made. The interpreter who had been arranged was therefore not required.
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 tenancy ended on 3 April 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $6,004.00. The amount ordered is proved.
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 and return all keys. See section 40(1)(e) Residential Tenancies Act 1986.
5. The landlord provided photographs which showed that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was rubbish, debris and abandoned furniture inside and outside the property. The landlord claimed $632.00 for a skip hire and $700.00 for cleaning and provided invoices for those amounts.
6. The landlord said that the new tenant had undertaken a lot of the cleaning and clearing and accordingly her rent has been deducted by two days, which comes to $188.28.
7. The tenant did not return the keys and the landlord provided an invoice for $241.50 for lock replacement.
8. The amounts ordered are proved.
9. The landlord also claimed replacement costs of some oven racks and dish, which came to $209.30 and the cost of replacement and installation of some venetian blinds, which comes to $275.50.
10. 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.
11. 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 four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
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12. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
13. Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
14. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
15. The landlord provided photographs showing rusty oven racks and damaged blinds. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
16. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The property manager was unsure of the age of the items. I note that the tenancy started in 2020 and so there would be some depreciation. I have decided that $100 is reasonable for the oven items and $125 for the replacement blinds.
17. [COMPANY] As Agents For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
T Baker
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 owes $6,004.00 in rent arrears as proven by the landlord's rent records.
- The landlord incurred $632.50 for rubbish removal and $700.00 for cleaning due to the tenant leaving the premises unclean.
- The new tenant had to clean and clear the property, leading to a deduction of two days' rent, totaling $188.28.
- The tenant did not return the keys, necessitating a lock replacement costing $241.50.
- The landlord is entitled to $100 for the oven items and $125 for the replacement blinds due to the tenant's failure to maintain them properly.
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 $5,778.28 for rent arrears and damages, including cleaning and repair costs.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and to leave the premises reasonably clean and tidy at the end of the tenancy.
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 fulfill their obligations under the Residential Tenancies Act 1986.
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 that the tenant did not leave the premises reasonably clean and tidy 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?
Someone in a similar situation should ensure they leave the premises in a clean and tidy state and return all keys to avoid similar costs.
What evidence or documents mattered?
Photographs showing the state of the premises and invoices for cleaning and repair costs mattered.