Tenant ordered to pay rent arrears and compensate for damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages to the premises that exceeded fair wear and tear. The damages included extensive carpet stains, broken windows, and damaged appliances. The tenant did not return keys and left the premises in an untidy condition.
⚖️ Legal holding
A tenant is liable for rent arrears and damages to the premises that exceed fair wear and tear.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and compensate for damages exceeding fair wear and tear.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages to the premises that exceeded fair wear and tear. The Tribunal found that the tenant did not return keys and left the premises in an untidy condition. The damages included extensive carpet stains, broken windows, and damaged appliances.
📚 Full judgment Official document
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[2025] NZTT 5127233
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] as agent for [NAME] and [NAME] $3,008.00 immediately, calculated as shown in the table below.
2. The [COMPANY] is to pay the bond of $1,920.00 (5230821-003) to [COMPANY] as agent for [NAME] and [NAME] immediately.
Description Landlord Tenant Rent arrears to 6 January 2025 $2,400.00 Insurance excesses $2,000.00 Drain repair $448.50 Dump fees $52.50 Filing fee reimbursement $27.00 Total award $4,928.00 Less bond $1,920.00 Total payable by Tenant to Landlord $3,008.00
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Reasons:
1. The landlords attended the hearing in person. The tenant attended by telephone.
2. The landlords have applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.
Rent
3. The tenancy ended on 6 January 2025 following a termination notice given by the tenant. The landlord provided rent records to prove the amount owing at the end of the tenancy as ordered. The tenant did not dispute the rent claim.
Compensation
Law
4. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices.
5. The tenant must not carelessly or intentionally damage the premises.
6. To recover compensation for damage to the premises, the landlord must prove that the damage to the premises occurred during the tenancy and is more than fair wear and tear. If that is established, to avoid liability, the tenant must prove that 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.
7. 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).
8. 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).
9. 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.
10. The tenant did not return any keys and one of the locks needed complete replacement.
11. The premises were not left reasonably clean and tidy, and rubbish was not removed.
12. The following damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has admitted the damage.
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• Carpet throughout the premises was extensively stained and had to be replaced.
• There were two broken windows.
• Walls were damaged including by holes in them.
• The oven and dishwasher were damaged and required replacement.
• The heat pump units and remote were damaged.
• An outside drain opening was damaged.
• A wooden door opening pulled apart.
• Curtains and blinds were damaged and had to be cleaned or replaced.
13. The landlords have made claims on their insurance and after negotiation with their insurer it has agreed to cover the costs apart from the drain repair and the dump fees. The landlords cleaned the premises and have made no claim for that.
14. The insurer has applied four excesses to the claims amounting to $2,000. That is less than the insurer could have applied, and the insurer has covered costs that would not normally by affected the landlords’ insurance.
15. The tenant has received the benefit of the landlords’ efforts and the insurer’s lenience and she acknowledged that.
16. The landlords have succeeded and so I have awarded the filing fee.
R Armstrong
23 April 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 tenant did not dispute the rent claim, making it easier for the landlord to prove the amount owing.
- The damage to the carpet, windows, walls, oven, dishwasher, heat pumps, drain, door, curtains, and blinds exceeded fair wear and tear.
- The insurer applied only $2,000 as excess, which was less than what could have been applied, showing leniency towards the landlord.
❌ Tends to be rejected
- The tenant did not return any keys and one of the locks needed complete replacement.
- The premises were left in a state that was not reasonably clean and tidy, with rubbish not removed.
- The tenant admitted to causing extensive damage to the premises, increasing their liability.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay rent arrears and compensate for damages to the premises that exceeded fair wear and tear.
What was the dispute about?
The dispute was about the tenant's responsibility for rent arrears and damages to the premises that exceeded fair wear and tear.
How did the court decide, and why?
The court decided that the tenant was responsible for the rent arrears and the damages because the damages exceeded fair wear and tear and the tenant did not return keys and left the premises in an untidy condition.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the damages to the premises exceeded fair wear and tear and the tenant did not return keys and left the premises in an untidy condition.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that they return all keys and leave the premises in a reasonable state of cleanliness and tidiness to avoid liability for damages and rent arrears.
What evidence or documents mattered?
The evidence that mattered included the rent records, the condition of the premises, and the extent of the damages.