Tenant ordered to pay rent arrears and compensate for damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears, water rates, and compensation for damages to the carpets. The tenant left the property in poor condition, requiring extensive cleaning and repairs.
⚖️ Legal holding
A tenant is liable for rent arrears, water rates, and compensation for damages beyond fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires the tenant to keep the rental property reasonably clean and tidy.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and compensation for damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and compensation for damages beyond fair wear and tear. The tenant failed to maintain the premises and caused significant damage to the carpets.
📚 Full judgment Official document
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[2025] NZTT 5135689
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $4,325.78 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $3,000.00 (6287468-003) to [COMPANY] As Agent For [NAME] immediately.
Description Landlord Tenant Rent arrears to 2/12/2024 $4,070.22 Water rates $1,028.56 Carpet replacement - bedroom $600.00 Rubbish removal: and replace lightbulbs $950.00 Carpet Cleaning: lawns and gardens cleaning and repairs $650.00 Filing fee reimbursement $27.00 Total award $7,325.78 Bond $3,000.00 Total payable by Tenant to Landlord $4,325.78
Reasons:
1. Only the applicant attended the hearing. The tenant did not join the video link and could not be contacted by telephone.
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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 and water rates?
3. The tenancy ended on 2/12/2024. The landlord provided rent records and water rates invoices 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
5. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The lawns and gardens were overgrown. The costs awarded have been reduced a little to reflect that some gardening and some cleaning can fairly fall with a landlord after a tenancy that has run for two years. The reductions are minimal as the evidence also shows that the way the property falls well short of reasonable.
6. The landlord had to replace light bulbs.
7. The carpets required professional cleaning and in one bedroom replacement as the damage/stains were so extensive cleaning would not rectify them.
Is the tenant liable for the cost of replacing the bedroom carpet?
8. The applicant has proven that the carpet damage occurred during the tenancy and is more than fair wear and tear. As 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.
9. The carpet damage can fairly be attributed to at least carelessness, on the part of the tenant.
What compensation can be awarded?
10. The carpets were close to new at the beginning of the tenancy, so the depreciation allowed for and deducted is minimal.
11. I have therefore 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
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depreciation, I have taken into account the age and condition of the carpet at the start of the tenancy and its likely useful lifespan.
12. [COMPANY] As Agent For [NAME] has largely succeeded with the claim I must reimburse the filing fee.
J Maher
23 May 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 leave the premises clean and tidy, requiring extra cleaning and maintenance.
- The carpets were damaged beyond fair wear and tear, necessitating replacement.
- The tenant failed to replace worn-out smoke alarm batteries and standard light bulbs.
- The carpets were close to new at the start of the tenancy, meaning minimal depreciation was considered.
- The landlord provided clear proof of rent arrears and water rates through records and invoices.
❌ Tends to be rejected
- The tenant did not provide any evidence or attend the hearing to contest the claims.
- The tenant did not prove that the carpet damage was due to fair wear and tear or accidental causes.
- The tenant did not fulfill their obligation to return the property in a reasonable state of cleanliness.
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, water rates, and compensation for damages to the carpets.
What was the dispute about?
The dispute was about unpaid rent, water rates, and the condition of the carpets 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 water rates, and for compensating the landlord for the damaged carpets, as these damages went beyond fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 40(1)(ca) were applied.
What was the argument that mattered most?
The argument that mattered most was that the damages to the carpets were caused by the tenant's carelessness and went beyond 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?
For tenants, this means that failing to maintain the property and causing significant damage can lead to financial penalties.
What evidence or documents mattered?
The rent records, water rates invoices, and evidence of the condition of the carpets mattered in the decision.