Tenant Ordered to Pay Rent Arrears and Compensate for Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate for damages beyond fair wear and tear, such as deep carpet cleaning and wall staining. The ruling was based on the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is responsible for paying rent arrears and compensating for damages beyond fair wear and tear.
📖 What the law says
This rule states that a tenant must pay rent when it is due according to their tenancy agreement. It also requires the tenant to keep the rental property reasonably clean and tidy, and to leave it in that condition when they move out, removing all their belongings and rubbish.
This rule makes a tenant responsible for the actions of anyone they allow into the rental property. If that person does something that would break the tenancy agreement, the tenant is held accountable for it.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages beyond fair wear and tear, including deep carpet cleaning and wall staining. The decision was based on the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5092110
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME]; [NAME] $2,353.95 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $3,008.87 Filing fee reimbursement $27.00 Water rates $22.80 Carpet Cleaning: Deep cleaning - dog urine smell $710.00 Cleaning: Walls - dog staining $300.00 Electrical fittings replacement/repair $184.00 Lawns $115.00 Repainting wardrobe door $146.30 Replace heat pump remote $39.98 Total award $4,553.95 Bond (with the landlord) $2,200.00 Total payable by Tenant to Landlord $2,353.95
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Reasons:
1. The landlord attended the hearing, conducted via teleconference. Two calls to the tenants went unanswered. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
2. The landlord has had recent text communication from the tenant’s number.
3. The landlord had applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
4. A prior order released the bond, given the rent arrears established. That order also detailed further claims by the landlord, received late, to be determined at this hearing.
How much is owed for rent and water rates?
5. The tenancy ended on 16 November 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as ordered.
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, 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.
7. The tenant did not leave the premises reasonably clean as there was a lingering dog odour that took extensive cleaning to remove. The walls also required cleaning due to pet staining. The landlord provided invoices for the cleaning and these are awarded in full.
8. The lawns were overgrown and a contractor invoice for mowing the lawns ($115.00) established the cost to remedy.
9. The heat pump remote were missing at the end of the tenancy and replaced at a cost of $39.98.
10. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
11. 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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12. 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.
13. The following damage was caused during the tenancy:
a. Wardrobe door. A bedroom wardrobe door was badly scratched, more than likely by the dog. The landlord provided ingoing comparative photos to confirm the damage occurred during the tenancy. The invoice for repainting the door ($416.30) was produced to establish the loss. This is awarded in full.
b. Electrical fittings. Electrical fittings in the lounge were broken and required replacement at an invoiced cost of $184.00. This is awarded in full.
14. The damages above are more than fair wear and tear, and the tenant has not disproved liability for the damage.
15. The amounts ordered are proved.
16. I have considered betterment and depreciation but none is found applicable here.
Filing fee
17. [COMPANY] As Agent For [NAME]; [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
M Brennan
16 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 must pay rent arrears as proven by the landlord's rent records.
- The tenant must compensate for deep carpet cleaning due to dog urine smell.
- The tenant must compensate for wall cleaning due to pet staining.
- The tenant must pay for the replacement of electrical fittings damaged during the tenancy.
- The tenant must cover the cost of lawn mowing due to overgrowth.
❌ Tends to be rejected
- The tenant's failure to provide evidence disproving liability for damages done to the property.
- The tenant's failure to maintain the premises in a reasonable state of cleanliness at the end of the tenancy.
- The tenant's failure to return all keys and security devices at the end of the tenancy.
- The tenant's failure to address the issue of the missing heat pump remote.
- The tenant's failure to refute the landlord's claims regarding the extent of damage beyond fair wear and tear.
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 beyond fair wear and tear.
What was the dispute about?
The dispute was about the tenant's responsibility for rent arrears and damages to the rental property.
How did the court decide, and why?
The court decided that the tenant must pay rent arrears and compensate for damages beyond fair wear and tear, as evidenced by the condition of the property at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the damages were beyond fair wear and tear and were caused by the tenant's dog.
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 rental property is left in a reasonable state of cleanliness and that all damages are accounted for.
What evidence or documents mattered?
Evidence included rent records, water rates invoices, and invoices for cleaning and repairs.