Tenant ordered to pay rent arrears and carpet damage compensation
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate for carpet damage that went beyond normal wear and tear. The landlord provided proof of the damages through photographs and rent records.
⚖️ Legal holding
A tenant is liable for rent arrears and damage to the premises beyond fair wear and tear.
📖 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 a similar condition when moving out, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and compensate for carpet damage.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for carpet damage beyond fair wear and tear, finding the tenant liable under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5121688
TENANCY TRIBUNAL AT HAMILTON | TE TARAIPIUNARA RETIHANGA KI KIRIKIRIROA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room A, Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] as Agent for [COMPANY] ([NAME]) & [NAME] $1,236.00 immediately, calculated as shown in table below.
2. The [COMPANY] is to pay the bond of $1,020.00 (6492877-007) to [COMPANY] as Agent for [COMPANY] ([NAME]) & [NAME] immediately.
Description Landlord Tenant Rent arrears $695.00 Repairs: paint $150.00 Carpet Cleaning $184.00 Repairs: Carpet replacement $1,200.00 Filing fee reimbursement $27.00 Total award $2,256.00 Bond $1,020.00 Total payable by Tenant to Landlord $1,236.00
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Reasons:
1. The landlord attended the hearing by video conference. The tenant emailed the Tribunal saying that they were not appearing. No adjournment was sought. The hearing continued in their absence.
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 ended on 26 November 2024. The landlord provided rent records 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 carpet reasonably clean. This was a brand-new unit when the tenant moved in, and the exit photos show a lot of stains on the carpet in the bedroom. Carpet cleaning costs are awarded.
6. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
7. 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.
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8. 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.
9. 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.
10. 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.
11. 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.
12. The following damage was caused during the tenancy: The carpet in the bedroom was damaged by stains and which were unable to be removed by cleaning. The landlord provided photographs of 9 carpet stains in the unit.
13. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
14. I find that this is intentional damage because there is more than a single stain suggesting a continuing pattern of behaviour, knowing that damage to the carpet is a certainty.
15. The landlord’s insurance information was provided confirming that excess was higher than the cost to replace the carpet.
16. The amounts ordered are nominal because the landlord has not replaced the carpet and has tenanted the premises. I do not find that the landlord has established a loss and award a nominal sum to recognise that the tenant has breached their obligations and have caused damage for which they are liable, but I am not persuaded the precise loss has been quantified.
17. The amounts ordered are proved.
18. 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.
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19. [COMPANY] as Agent for [COMPANY] ([NAME]) & [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
14 March 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 owed at the end of the tenancy using rent records.
- The tenant did not leave the carpet reasonably clean, as shown by exit photos of stains.
- The damage to the carpet was more than normal wear and tear, and the tenant did not disprove responsibility.
- The damage to the carpet was considered intentional due to multiple stains indicating a pattern of behavior.
- The landlord's insurance excess was higher than the cost to replace the carpet.
- The landlord was reimbursed for the filing fee because they fully succeeded with their claim.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay rent arrears and compensate for carpet damage.
What was the dispute about?
The dispute was about unpaid rent and the condition of the carpet at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant was responsible for the rent arrears and carpet damage because the damage was more than fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B(1) were applied.
What was the argument that mattered most?
The argument that mattered most was the extent of the carpet damage and whether it exceeded 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 the premises are left in a reasonable state and that all rent is paid.
What evidence or documents mattered?
The evidence that mattered included rent records and photographs showing the condition of the carpet.