Tenant ordered to pay $7,262.71 for rent arrears and damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $7,262.71 for rent arrears and damages caused during the tenancy period. The tenant left the property early and in poor condition, leading to additional costs for the landlord.
⚖️ Legal holding
A tenant is liable for rent arrears and damages caused during the tenancy.
📖 What the law says
This rule states that a tenant must pay rent on time, keep the property reasonably clean and tidy, and notify the landlord of any damage or needed repairs. When moving out, the tenant must leave the property in a reasonably clean and tidy condition and remove all their belongings and rubbish.
This rule makes a tenant 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's assumed the tenant allowed that person to be there.
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 $7,262.71 for rent arrears and damages caused during the tenancy period. The tenant abandoned the tenancy early, leaving the property in poor condition and causing additional costs to the landlord.
📚 Full judgment Official document
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[2025] NZTT 5236243
TENANCY TRIBUNAL AT PORIRUA | TE TARAIPIUNARA RETIHANGA KI PORIRUA
APPLICANT: [redacted] [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As Agent For [COMPANY] $7,262.71 immediately, calculated as shown in table below.
Description Landlord Rent arrears to 30 May 2025 $6,592.85 Fixed term tenancy break fee $450.00 [NAME] $308.20 Cleaning: and rubbish removal and tip fees $1,330.00 Repairs: Parts for repairs $546.64 Toilet door replaced and painted $299.00 Credit check - new tenant $29.57 Rubbish removal: from recycling bin to the tip $279.45 Filing fee reimbursement $27.00 Total award $9,862.71 Bond $2,600.00 Total payable by Tenant to Landlord $7,262.71
2. [COMPANY] is to pay the bond of $2,600.00 (BN-00005542) to [COMPANY] as agent For [COMPANY] immediately.
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Reasons:
1. Only the landlord 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?
3. The tenancy was for a fixed term. It began on 29 November 2024 and was to end on 29 November 2025. However the tenants abandoned the tenancy and left the landlord to find replacement tenants. The tenants are liable to pay rent until new tenants are found or until the end of the fixed term, whichever occurs first.
4. The landlord has found a replacement tenant. The tenancy begins tomorrow, 31 May 2025. Therefore rent owing by [NAME] is up to and including 30 May 2025.
5. The landlord provided rent records which prove the amount owing to 30 May 2025.
Fixed term break costs
6. Because the tenants breached the fixed term contract, the landlord incurred costs relating to finding new tenants. These included administration, credit check fees and advertising. The landlord provided receipts for these charges.
Did the tenant comply with their obligations at the end of the tenancy?
7. 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.
8. [NAME] did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos showing the condition of the property. It required a considerable amount of cleaning and rubbish to be removed. After the rubbish removal had been completed it was discovered that there was rubbish in the recycling wheelie bin.
9. The tenant did not return the keys.
10. The amounts ordered for this work are proved.
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Is the tenant responsible for the damage to the premises?
11. 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.
12. The toilet door had been kicked in during the tenancy. There was other minor damage requiring repair. Some handles on doors had to be replaced.
13. The amounts ordered are proved.
Filing Fee
14. Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.
[NAME] 30 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 landlord successfully claimed costs for finding new tenants because the previous tenants breached their fixed-term contract.
- The landlord provided photographic evidence showing the property was not left clean and tidy, and rubbish was not removed.
- The landlord proved the amounts requested for cleaning and rubbish removal.
- The landlord proved that damage to the toilet door and other minor damage occurred during the tenancy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay $7,262.71 for rent arrears and damages.
What was the dispute about?
The dispute was about the tenant abandoning the tenancy early and leaving the property in poor condition.
How did the court decide, and why?
The court decided that the tenant was responsible for paying rent arrears and compensating for damages because they breached the fixed-term contract and left the property in poor condition.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 41 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant breached the fixed-term contract and left the property in poor condition, causing additional costs to the landlord.
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 fulfill their obligations under the tenancy agreement and leave the property in good condition.
What evidence or documents mattered?
The evidence included rent records, receipts for costs incurred by the landlord, and photographs showing the condition of the property.