Tenant ordered to pay $5,800.63 for rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $5,800.63 for rent arrears and damages caused during the tenancy, including cleaning and repairs. The landlord provided photographic evidence of the damages.
⚖️ Legal holding
A tenant is liable for rent arrears and damages caused during the tenancy that exceed fair wear and tear.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the premises reasonably clean and tidy, and leaving the property in a reasonably clean and tidy condition when moving out.
This section states that a tenant is responsible for the actions of anyone they allow onto the property if those actions would have broken the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the property while the tenant is there, it is assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $5,800.63 for rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $5,800.63 for rent arrears and damages caused during the tenancy, including cleaning and repairs. The landlord provided photographic evidence of the damages.
📚 Full judgment Official document
__________________________________________________________________________________ 5185938 1
[2025] NZTT 5185938
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
2. [NAME] must pay [The landlord/s] $5,800.63 immediately, calculated as shown in the table below.
Description Landlord Rent arrears 10 December 2024 to 23 January 2025 $2,621.43 Lock/key replacement $187.20 Cleaning $875.00 Carpet Cleaning $420.00 Repairs: reinstall wall lights $140.00 Repairs: repaint bedroom $1,080.00 Repairs: trellis and letterbox $275.00 Rubbish removal $175.00 Filing fee reimbursement $27.00 Total award $5,800.63 Total payable by Tenant to Landlord $5,800.63
Reasons:
1. The landlord attended the hearing.
__________________________________________________________________________________ 5185938 2
2. The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
3. The tenancy was terminated by an order of the Tribunal 5048843 on 10 December 2025. Rent to that date was included in that order and was paid to the landlord by a payment from the bond.
4. The tenant was evicted by a bailiff on 23 January 2025. The landlord provided a rent statement for the tenancy to that date.
5. The landlord is awarded rent for the period from 10 December 2024 to 23 January 2025 with credit for rent paid by the tenant during that period.
Did the tenant comply with their obligations at the end of the tenancy?
6. 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.
7. The landlord provided photographic evidence that tenant did not leave the premises reasonably clean and tidy, had stained the carpet and did not remove all rubbish. The tenant had taken what he wanted, leaving a substantial amount of rubbish and other items behind, especially in the garage, and had not cleaned much of the property.
8. The tenant did not return the keys.
9. The amounts claimed are within the reasonable range for services of this nature in this region seen regularly by the Tribunal and are proved.
Is the tenant responsible for the damage to the premises?
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.
__________________________________________________________________________________ 5185938 3
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 following damage was caused during the tenancy:
a. Wall lights were removed from a wall but not reinstated.
b. A bedroom was painted black and required reinstatement.
c. A trellis and letterbox were damaged by a guest of the tenant. This was witnessed by the landlord.
16. The damage was intentional and is more than fair wear and tear. The tenant has not disproved liability for the damage.
17. The amounts ordered are proved.
18. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 10 April 2025
__________________________________________________________________________________ 5185938 4
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 [NAME] 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/
__________________________________________________________________________________ 5185938 5
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 did not leave the premises reasonably clean and tidy.
- The tenant left stains on the carpet and did not remove all rubbish.
- The tenant did not return the keys.
- The tenant caused intentional damage to the wall lights, bedroom paint, and trellis and letterbox.
- The landlord provided photographic evidence of the damage and the tenant did not disprove liability.
❌ Tends to be rejected
- The tenant claims the damage was due to fair wear and tear.
- The tenant argues they did not intentionally cause the damage.
- The tenant states they did not have control over guests who caused damage.
- The tenant believes the cleaning and repair costs are excessive.
- The tenant disputes the amount of rent arrears claimed by the landlord.
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 $5,800.63 for rent arrears and damages.
What was the dispute about?
The dispute was about the tenant owing rent arrears and being responsible for damages caused during the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $5,800.63 because the tenant did not comply with their obligations at the end of the tenancy and caused damages exceeding fair wear and tear.
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 most important argument was the photographic evidence provided by the landlord showing the damages caused by the tenant.
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 leave the premises clean and tidy and return all keys and security devices at the end of the tenancy.
What evidence or documents mattered?
Photographic evidence of the damages was crucial in this case.