Tenant ordered to pay $7,444.51 for damages and arrears
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $7,444.51 for rent arrears, damages to the premises, and compensation for replacing furnishings. The tenant did not leave the premises in a reasonable state of cleanliness and did not return all keys.
⚖️ Legal holding
A tenant is required to leave the premises in a reasonable state of cleanliness and to compensate for any 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 notify the landlord of any damage or repair needs. When moving out, the tenant must leave the premises in a reasonably clean and tidy condition, remove all their belongings and rubbish, and return the keys.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $7,444.51 for various damages and arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $7,444.51 for rent arrears, damages to the premises, and compensation for replacing furnishings. The tenant failed to leave the premises in a reasonable state of cleanliness and did not return all keys.
📚 Full judgment Official document
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[2025] NZTT 5158851
TENANCY TRIBUNAL AT PALMERSTON NORTH | TE TARAIPIUNARA RETIHANGA KI TE PAPAIOEA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [NAME] $7,444.51 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $6,710.00 Lock/key replacement $35.00 Rubbish removal $133.45 Repairs: glass $350.45 Repairs: paint $152.61 Replace furnishings: curtain $36.00 Filing fee reimbursement $27.00 Total award $7,444.51 Total payable by Tenant to Landlord $7,444.51
Reasons:
1. The landlord attended the hearing. There was no appearance for the tenant.
2. The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
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How much is owed for rent?
3. The tenancy ended on 31 December 2024. Although the tenant did not give 28 days’ notice, the landlord is seeking just two weeks’ rent in lieu of notice. The landlord provided rent records which prove the amount owing at the end of the tenancy was $6,710.
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 landlord said that the tenant had left mattresses, electrical goods, polystyrene, a headboard and some black bags full of rubbish. It would have been preferable for the landlord to provide photographs of the premises at the start and end of the tenancy, but in the absence of any evidence to the contrary from the tenant, I find it more likely than not that the premises were left in the way described by the landlord. He provided receipts for $124.00 for dump fees and $9.45 for polystyrene recycling.
6. The tenant did not return the back door key. The landlord provided a receipt for $35.00 for a key and cylinder.
7. A net curtain was missing at the end of the tenancy. The landlord provided a receipt from [NAME] for $36.00.
8. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
9. 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.
10. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 paint missing and square hole cut out of the gib on one wall. He sought reimbursement for paint and tape totalling $152.61. He said that he had painted the walls 2 ½ years ago at the start of the tenancy.
16. The landlord provided an invoice from [NAME] for $350.45 for replacement glass of an internal glass sliding door. He provided a photo showing that the glass had been removed and replaced with Perspex or clear plastic.
17. The landlord is reminded to provide photographs of the tenancy at the start of the tenancy so that comparisons can be made.
18. Again, in the absence of evidence to the contrary from the tenant, I find that the landlord has proved his case on the balance of probabilities and the amounts ordered are proved.
19. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
T Baker
26 February 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 proved the amount of rent owing at the end of the tenancy with rent records.
- The landlord's description of the premises being left with rubbish was accepted because the tenant provided no contrary evidence.
- The landlord provided receipts for dump fees and polystyrene recycling, proving the cost of rubbish removal.
- The landlord provided a receipt for a key and cylinder, proving the cost of replacing the unreturned back door key.
- The landlord provided photographs showing paint missing and a hole in the wall, and an invoice for replacement glass, proving the damage.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay the landlord $7,444.51 for rent arrears, damages to the premises, and compensation for replacing furnishings.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears, leave the premises in a reasonable state of cleanliness, and return all keys.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $7,444.51 because the tenant left the premises in an untidy condition and did not return all keys, causing additional expenses for the landlord.
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 most important argument was that the tenant was responsible for leaving the premises in a reasonable state of cleanliness and for compensating for any damages beyond fair wear and tear.
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 in a reasonable state of cleanliness and return all keys to avoid similar financial penalties.
What evidence or documents mattered?
The evidence included rent records, receipts for dump fees and key replacements, and photographs of the premises at the end of the tenancy.