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 carpet cleaning, repairs, and cleaning costs. The tenant was found to have left the premises in an untidy condition.
⚖️ Legal holding
A tenant is required to pay rent arrears and compensate for damages beyond fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent on time, keep the property reasonably clean and tidy, and leave it in a reasonably clean and tidy condition when they move 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 damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages beyond fair wear and tear, including carpet cleaning, repairs, and cleaning costs. The tenant failed to leave the premises reasonably clean and tidy at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5133024
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] For [NAME] $991.64 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $2,880.00 (6045788-005) to [COMPANY] For [NAME] immediately.
Description Landlord Tenant Rent arrears to 8 December 2024 $2,591.14 Compensation: Water credit $235.75 Carpet Cleaning $517.50 Cleaning $661.25 Repairs: Door holes $172.50 Light bulbs/batteries $138.00 Filing fee reimbursement $27.00 Total award $4,107.39 $235.75 Net award $3,871.64 Bond $2,880.00 Total payable by Tenant to Landlord $991.64
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Reasons:
1. Both parties attended the hearing. The landlord attended by video and the tenant attended by telephone.
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 8 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
4. The landlord had applied for water rates but at the hearing advised that the tenant had paid the water rates. After looking at the water invoices and the landlord invoices sent to the tenant it became apparent that the tenant had been charged for the sewer fixed charge from the water provider’s invoice.
5. After the hearing the landlord provided a spreadsheet setting out the amount that the tenant paid for the sewer fixed charge, which she should not have paid for. The amount she overpaid was $235.75, which is a credit.
6. In that statement the landlord included three invoices that the landlord had missed charging the tenant. The tenant should receive the invoices during the period when the debt is due not a year later. I have not included those missed invoices in the calculation.
Did the tenant comply with their obligations at the end of the tenancy?
7. 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.
8. The tenant did not leave the premises reasonably clean and tidy.
9. The landlord had to replace light bulbs.
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. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
13. 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.
14. 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.
15. 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.
16. 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.
17. The following damage was caused during the tenancy: door holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
18. The amount ordered is proved.
19. The other claims in the invoice produced by the landlord are dismissed due to lack of evidence or evidence that the damage was present at the beginning of the tenancy.
20. [COMPANY] For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
N Walker
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07 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 landlord proved the amount of rent owing at the end of the tenancy with rent records.
- The tenant did not leave the premises reasonably clean and tidy, which is a breach of their obligations.
- The landlord had to replace light bulbs, which was a necessary repair.
- The damage to the doors, specifically holes, was more than fair wear and tear.
- The landlord substantially succeeded with the claim, leading to reimbursement of the filing fee.
❌ Tends to be rejected
- The landlord's claim for missed invoices was rejected because they were not sent to the tenant in a timely manner.
- Other claims in the landlord's invoice were dismissed due to insufficient evidence or pre-existing damage.
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 damages beyond fair wear and tear.
What was the dispute about?
The landlord claimed rent arrears and compensation for damages, while the tenant argued that the damages were normal wear and tear.
How did the court decide, and why?
The court decided in favour of the landlord, finding that the damages were beyond fair wear and tear and that the tenant was responsible for rent arrears.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 40(1)(e) Residential Tenancies Act 1986, s 49B
What was the argument that mattered most?
The argument that mattered most was whether the damages were 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?
Someone in a similar situation should ensure that the premises are left clean and tidy and that all rent is paid.
What evidence or documents mattered?
The evidence that mattered included rent records, invoices, and the condition of the premises at the end of the tenancy.