Tenant Ordered to Pay $7,095 for Damages and Arrears
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $7,095.05 to the landlord for rent arrears, water rates, and damages to the property. The tenant was found responsible for leaving the premises clean and removing all rubbish, as well as replacing locks and keys.
⚖️ Legal holding
A tenant is liable for rent arrears, water rates, and damages beyond fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent on time, keep the property reasonably clean and tidy, and remove all their belongings and rubbish when they move out. In this case, the tenant was found responsible for not leaving the property clean and tidy and for not removing rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $7,095.05 for various damages and arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $7,095.05 for rent arrears, water rates, and various damages to the property. The Tribunal found that the tenant was responsible for leaving the premises reasonably clean and tidy and removing all rubbish, as well as replacing locks and keys.
📚 Full judgment Official document
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[2025] NZTT 5168192
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] $7,095.05 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 10 January 2025 $2,135.00 Water rates $134.30 Cleaning: including carpet cleaning $1,092.50 Rubbish removal $1,035.00 Lock/key replacement $552.00 Repairs: flooring $402.50 Window repairs $362.25 Repairs: wall $954.50 Repairs: carpet replacement (insurance excess only) $3,000.00 Filing fee reimbursement $27.00 Total award $9,695.05 Bond $2,600.00 Total payable by Tenant to Landlord $7,095.05
2. The Bond Centre is to pay the bond of $2,600.00 (5615328-003) to [COMPANY] immediately.
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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 and water rates?
3. The tenancy ended on 10 January 2025 through eviction proceedings being enforced. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
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. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
6. The keys and locks had to be replaced due to eviction proceedings being carried out.
7. The amounts ordered are proved.
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. 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.
10. 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.
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11. 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.
12. 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.
13. The following damage was caused during the tenancy: carpets, wooden flooring, walls, and windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
14. The amounts ordered are proved.
[NAME]
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].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant owes rent arrears as proven by the landlord's rent records.
- The tenant owes for water rates based on the landlord's invoices.
- The tenant is responsible for leaving the premises clean and tidy, which they failed to do.
- The tenant is liable for damages exceeding fair wear and tear, as proven by the landlord.
- The tenant did not provide evidence to disprove their responsibility for the damage.
❌ Tends to be rejected
- The tenant argued that the damages were due to fair wear and tear, but the tribunal disagreed.
- The tenant claimed they did not cause the damage, but failed to provide evidence to support this claim.
- The tenant tried to argue that the cost of replacing locks and keys was unnecessary, but the tribunal found it reasonable.
- The tenant attempted to argue that the cleaning costs were excessive, but the tribunal supported the landlord's claim.
- The tenant suggested that the insurance excess should not be their responsibility, but the tribunal ruled against them.
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 $7,095.05 for rent arrears, water rates, and various damages to the property.
What was the dispute about?
The dispute was about the tenant's responsibility for rent arrears, water rates, and damages to the property beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages and arrears because the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B(3)(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 did not remove all rubbish.
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 that they leave the premises reasonably clean and tidy and remove all rubbish, and that they do not cause unnecessary damage to the property.
What evidence or documents mattered?
The evidence included rent records and water rates invoices provided by the landlord.