Tenant Ordered to Pay Damages for End-of-Tenancy Breach
📌 In brief
In this Tenancy Tribunal case, the landlord successfully claimed damages from the tenant for failing to meet their responsibilities at the end of a tenancy agreement. The tenant was ordered to pay $1,861.47 in damages and must make weekly payments until fully paid.
⚖️ Legal holding
A tenant is required to leave premises reasonably clean and tidy, remove all rubbish, return keys, and leave chattels provided at the end of a tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent, using the property mainly for living, keeping it reasonably clean, and telling the landlord about damage or repairs needed. When moving out, tenants must leave the property, take all their belongings, leave it reasonably clean and tidy, and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant was awarded damages for breach of tenancy obligations.
📜 Headnote Official document
The claimant, a landlord, was awarded damages after the tenant failed to comply with end-of-tenancy obligations. The tenant did not leave the premises reasonably clean and tidy or remove all rubbish as required by law.
📚 Full judgment Official document
OUTCOME: Allowed
__________________________________________________________________________________ 5422148 1
[2026] NZTT 5422148
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [RESPONDENT] must pay [APPELLANT] [NAME] $1,861.47.
2. The $1,861.47 will be paid by payments of $16.00 every Wednesday until the full amount is paid. The next payment is due on 3 June 2026.
3. Default in any payment will result in the total outstanding being enforceable immediately.
4. The amount to pay is calculated as shown in table below.
Description Landlord Tenant Damage payments by tenant to 27 May 2026 $112.00 Rubbish removal cost for 7 cubic meters $1,254.75 Removal of tyres $18.37 Overgrown grass cut $700.35 Total award $1,973.47 $112.00 Net award $1,861.47 Total payable by Tenant to Landlord $1,861.47
Reasons:
5. Only the landlord attended the hearing. The tenant was phoned when she did not appear for the video conference. The call was not answered.
__________________________________________________________________________________ 5422148 2
6. The landlord has applied for compensation following the end of the tenancy.
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. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
9. The landlord provided photos of the items left by the tenant, the tyres and the state of the grass. The cost to remedy is high but the amounts ordered are proved.
10. The tenant has been paying $16.00 per week to pay the debt. She has made 7 payments and this is deducted from the amount owed.
[NAME] 29 May 2026
__________________________________________________________________________________ 5422148 3
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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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/
__________________________________________________________________________________ 5422148 4
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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenants Ordered to Pay Rent and Water Arrears or Face Eviction
- Tenancy Tribunal Tenant loses case over unpaid rent: Tenancy terminated with debt order
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenant's Abandonment and Rent Arrears Lead to Termination
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fee
- Tenancy Tribunal Landlord Granted Possession After Tenant's Abandonment
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Return Bond
- Tenancy Tribunal Tenant Must Pay Rent Arrears or Face Immediate Termination
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Repair Costs
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant did not leave the premises reasonably clean and tidy, as shown by photos provided by the landlord.
- The tenant left tyres and caused overgrown grass, requiring additional costs for removal and cutting.
- The cost to remedy the damage was high but proved, leading to a substantial award.
❌ Tends to be rejected
- The tenant failed to appear at the hearing or answer the phone call when they did not attend.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant landlord was awarded damages from the tenant for failing to comply with end-of-tenancy obligations.
Who was involved?
A landlord and a tenant were involved in the dispute.
How did the court decide, and why?
The court decided that the tenant must pay damages as they failed to leave the premises clean and tidy and remove all rubbish at the end of the tenancy.
Which laws or rules were applied?
Section 40(1)(e) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The tenant's failure to comply with end-of-tenancy obligations was the central issue.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord.
What does this mean for someone in a similar situation?
Tenants must ensure they comply with end-of-tenancy obligations to avoid financial penalties.
What evidence or documents mattered?
Photos and cost estimates provided by the landlord were crucial.
Can a decision like this be appealed?
Yes, both parties can appeal within 10 working days of the decision.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for such cases.