Tenant Ordered to Pay $7,573.63 for Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $7,573.63 for rent arrears and various damages caused during the tenancy. The tenant abandoned the property with substantial arrears and caused significant damage, including broken electrical fittings and soiled furnishings.
⚖️ Legal holding
A tenant is required to pay rent arrears and compensate for damages caused during the tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in good condition when moving out. In this case, the tenant failed to pay rent and left the property with significant damage.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $7,573.63 for various damages and arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $7,573.63 for rent arrears and various damages caused during the tenancy. The tenant abandoned the property with substantial arrears and caused significant damage, including broken electrical fittings and soiled furnishings.
📚 Full judgment Official document
__________________________________________________________________________________ 5162111 1
[2025] NZTT 5162111
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] (aka [NAME]), [NAME] (aka [NAME] must pay [NAME] $7,573.63 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 20 March 2025 $5,760.00 Lock/key replacement $231.51 Carpet Cleaning $281.83 Rubbish removal $280.00 Electrical fittings replacement/repair: oven $562.00 Replace furnishings $342.50 Water rates $88.79 Filing fee reimbursement $27.00 Total award $7,573.63 Total payable by Tenant to Landlord $7,573.63
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenants did not answer either of the calls made to them at the scheduled time on the number provided to the Tribunal.
__________________________________________________________________________________ 5162111 2
2. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
3. The landlord has applied for rent arrears, compensation, damages and reimbursement of the filing fee following the end of the tenancy.
4. A fixed-term tenancy agreement ending on 30 November 2025 was signed in the names of [NAME] and [NAME]. The tenants abandoned the property in February 2025 with substantial arrears, having never paid the bond and having caused substantial damage to the property. When the landlord took possession of the property, she found documents including a police report that showed the tenants had given false names on their tenancy application. This order includes the correct names of the tenants ([NAME] and [NAME]) as well as the names they used for the tenancy agreement.
How much is owed for rent and water rates?
5. The tenants signed a fixed term tenancy ending on 30 November 2025. Following the tenants abandoning the property, the landlord took possession of the property and repaired the damage caused by the tenants. The property was subsequently re-let. The landlord provided rent records and water rates invoices which prove the amount owing as at 20 March 2025 was $5,760.00 for rent arrears and $88.79 for outstanding water invoices.
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 oral evidence, photographs and invoices that show that at the end of the tenancy the premises were not left reasonably clean and tidy. Rubbish and belongings were strewn throughout the property, no cleaning had been undertaken, and furnishings were soiled with pet urine, blood and [NAME].
8. The tenant did not return the keys.
9. The amounts ordered 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
__________________________________________________________________________________ 5162111 3
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. 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 landlord provided oral evidence, photographs and invoices that show that at the end of the tenancy the oven was broken and the curtains which were new at the beginning of the tenancy in January 2025 were damaged beyond repair. I am satisfied the damage was caused during the tenancy and is more than fair wear and tear. The tenants have not disproved liability for the damage.
14. The amounts ordered are proved.
15. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
16. [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
C Lamdin
09 April 2025
__________________________________________________________________________________ 5162111 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 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/
__________________________________________________________________________________ 5162111 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 landlord provided proof of rent arrears through rent records.
- The landlord showed that the oven was broken and curtains were damaged beyond repair.
- The landlord presented invoices and photographs proving the extent of damage.
- The landlord demonstrated that the tenants abandoned the property without paying the bond.
- The landlord included the filing fee reimbursement in the total award.
❌ Tends to be rejected
- The tenants did not provide any evidence or explanation for the damage.
- The tenants did not request an adjournment despite not attending the hearing.
- The tenants did not return the keys as required by the Residential Tenancies Act.
- The tenants did not clean the property before leaving, leaving it in a dirty state.
- The tenants did not respond to the calls made to them for the hearing.
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 $7,573.63 for rent arrears and various damages caused during the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and compensate for damages caused during the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $7,573.63 because the tenant abandoned the property with substantial arrears and caused significant damage, including broken electrical fittings and soiled furnishings.
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 abandoned the property with substantial arrears and caused significant damage, including broken electrical fittings and soiled furnishings.
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 fulfill their obligations under the tenancy agreement, including paying rent and leaving the property in good condition.
What evidence or documents mattered?
The judgment mentions rent records, water rates invoices, photographs, and invoices showing the extent of the damages and arrears.