Tenant Ordered to Pay Rent Arrears and Carpet Damage Costs
📌 In brief
The Tenancy Tribunal ruled that tenants must pay rent arrears, water rates, and costs for replacing damaged carpets. The Tribunal determined that the damage to the carpets exceeded fair wear and tear, making the tenants responsible for the costs.
⚖️ Legal holding
A tenant is liable for damages to rental property that exceed fair wear and tear, unless they can prove otherwise.
📖 What the law says
This rule states that a tenant must pay rent on time, use the property mainly for living, keep it reasonably clean and tidy, and tell the landlord about any damage or needed repairs. When moving out, the tenant must leave the property, remove their belongings and rubbish, and leave it reasonably clean and tidy.
This rule makes a tenant responsible for actions or inactions 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 tenants to pay rent arrears, water rates, and carpet replacement costs due to damage beyond fair wear and tear.
📜 Headnote Official document
The Tenancy Tribunal ordered tenants to pay rent arrears, water rates, and carpet replacement costs due to damage beyond fair wear and tear. The Tribunal found that the tenants had not returned all keys and had left carpets with stains, for which they were held responsible.
📚 Full judgment Official document
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[2025] NZTT 5061688
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted] [COMPANY]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] as agent for [COMPANY] $2,792.55 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $2,440.00 (5559044-004) to [COMPANY] as agent for [COMPANY] immediately.
Description Landlord Rent arrears $3,565.71 Water rates $438.34 Lock/key replacement $14.00 Carpet Cleaning $287.50 Replace carpets – insurance excess only $900.00 Filing fee reimbursement $27.00 Sub-total $5,232.55 Bond $2,440.00 Total amount tenants must pay the landlord $2,792.55
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Reasons:
1. [NAME] attended for the landlord.
2. Both tenants attended the hearing in person.
3. The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
4. The tenancy was for a fixed term that ended on 15 October 2024.
5. Ms [NAME] provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy for rent and water.
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 and return all keys.1
7. The tenant did not return the garage keys and left the carpets with stains.
8. The Tribunal orders the tenants to reimburse the landlord for the cost of replacing the keys and cleaning the carpets.
Are the tenants liable for the damage to the carpets?
9. The landlord could not successfully remove all the stains from the carpets. They will have to replace the carpets in the lounge, dining room, and one of the bedrooms.
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 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.2
1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, s 40(2)(a), 41, and 49B.
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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).3
12. I am satisfied that the carpets were badly stained during the tenancy. The damage is more than fair wear and tear. The tenants have not proven the damage was not caused carelessly.
13. The cost of replacing the carpets will be about $3,300.00. The carpets are about five years old. Carpets have an expected useful life of about eight years. Three- eighths of the replacement cost is $1,237.50. However, the landlord’s actual loss is $900.00 because the landlord’s insurer is going to pay for replacing the carpets less an excess of $900.00.
14. The Tribunal orders the tenants to reimburse the landlord for this lesser amount.
Filing fee
15. The tenants must reimburse the landlord for the filing fee.
Bond
16. The Tribunal directs [COMPANY] to release the bond to the landlord in part- payment of the tenants’ debt.
[NAME]
28 March 2025
3 RTA, s 49B(3)(a).
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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 tenants provided rent records and water rates invoices proving the amounts owing.
- The landlord successfully proved that the carpet damage was more than fair wear and tear.
- The tenants did not provide evidence to show the carpet damage was not caused carelessly.
❌ Tends to be rejected
- The tenants failed to return the garage keys as required by their obligations.
- The tenants left carpets with stains, indicating they did not leave the premises reasonably clean and tidy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered tenants to pay rent arrears, water rates, and carpet replacement costs due to damage beyond fair wear and tear.
What was the dispute about?
The dispute was about whether the tenants were responsible for rent arrears, water rates, and the cost of replacing carpets damaged beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenants were responsible for the costs because they failed to return all keys and left carpets with stains, indicating damage beyond fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986 sections 40(1)(e), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was proving that the damage to the carpets was beyond fair wear and tear, for which the tenants were held responsible.
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 rental property in good condition and return all keys to avoid being held responsible for damages beyond fair wear and tear.
What evidence or documents mattered?
Rent records, water rates invoices, and evidence of the carpets' condition mattered in the decision.