Tenant Ordered to Pay $6,882.38 for Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $6,882.38, which includes rent arrears and compensation for damages that exceeded normal wear and tear. The landlord presented evidence showing the amount owed and the costs related to cleaning and repairs.
⚖️ Legal holding
A tenant is required to pay rent arrears and compensate the landlord 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 their tenancy agreement. It also requires the tenant to leave the property reasonably clean and tidy, and remove all their belongings and rubbish when they move out.
This rule makes a tenant responsible for the actions of anyone they allow onto the property. If that person causes damage or breaks the tenancy agreement, it's treated as if the tenant themselves did 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 $6,882.38 to the landlord, including rent arrears and compensation for damages beyond fair wear and tear. The landlord provided proof of the amount owing and the costs incurred due to the tenant's failure to comply with their obligations at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5174312
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $6,882.38 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears $5,871.72 Wall Repairs $576.66 Skip bin hire $350.00 Lock/key replacement $84.00 Total award $6,882.38 Total payable by Tenant to Landlord $6,882.38
Reasons:
1. The landlord attended the hearing. The tenant was unable to be contacted on the number specified in the notice of hearing, which was properly served.
2. The landlord has applied for rent arrears and compensation following the end of the tenancy.
How much is owed for rent?
3. The tenancy ended after the tenant gave notice to terminate the tenancy, although he remains a client of the landlord.
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4. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant has continued to make regular payments toward the debt and the arrears figure takes into account the most recent payment made, on 14 May 2025.
Did the tenant comply with their obligations at the end of the tenancy?
5. 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.
6. Exit inspection photographs provided by the landlord show that the tenant did not remove all rubbish. Although significantly more costs were incurred by the landlord in removing that rubbish, only the cost of a standard skip bin hire is claimed. The landlord is entitled to be compensated for that cost.
7. The landlord is entitled to be reimburse the costs of having locks changed at the tenant’s request
Is the tenant responsible for the damage to the premises?
8. 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.
9. Entry and inspection photographs provided by the landlord show that walls were damaged during the tenancy. I find it proved that the damage occurred during the tenancy and is more than fair wear and tear.
10. The landlord is entitled to be compensated for the repair costs which are reasonable and are proved by the landlord’s work order records.
B King
19 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].
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant did not remove all rubbish as required by the Residential Tenancies Act 1986.
- Walls were damaged during the tenancy and the damage exceeded fair wear and tear.
- The landlord is entitled to be compensated for reasonable repair costs.
- The tenant must pay rent arrears as proven by the landlord's rent records.
❌ Tends to be rejected
- The tenant's regular payments towards the debt were not considered sufficient to cover the full amount owed.
- The tenant did not provide evidence to prove that they did not carelessly or intentionally cause the damage to the walls.
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 the landlord $6,882.38, including rent arrears and compensation for damages beyond fair wear and tear.
What was the dispute about?
The dispute was about the tenant's obligation to pay rent arrears and compensate the landlord for damages that went beyond normal wear and tear.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to provide evidence disputing the amount owed and the costs incurred by the landlord.
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 argument that mattered most was the landlord's proof of the amount owing and the costs incurred due to the tenant's failure to comply with their obligations at the end of the tenancy.
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 comply with their obligations at the end of the tenancy and provide evidence if disputing the amount owed.
What evidence or documents mattered?
The evidence that mattered included the landlord's rent records, exit inspection photographs, and work order records.