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 to the premises. The landlord provided photographic evidence showing that the carpets were stained and the walls were damaged. The tenant was also ordered to ensure the premises were left clean upon termination of the lease.
⚖️ Legal holding
A tenant is responsible for rent arrears, damages exceeding fair wear and tear, and leaving the premises in a reasonable state of cleanliness.
📖 What the law says
This section states that a tenant must pay rent on time as agreed. It also requires the tenant to keep the rented property reasonably clean and tidy, and to leave it in that condition when the tenancy ends, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenant was found liable for rent arrears, damages, and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ruled that the tenant must pay rent arrears, compensate for damages to the premises, and ensure the premises are left in a reasonable state of cleanliness upon termination of the lease. The landlord provided photographic evidence of the damages and rent records.
📚 Full judgment Official document
__________________________________________________________________________________ 5129415 1
[2025] NZTT 5129415, 5164572
TENANCY TRIBUNAL - Palmerston North | Te Papaioea
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $2,806.83 immediately, calculated as shown in the table below.
2. The Bond Centre is to pay the bond of $2,760.00 (6310440-026) to [COMPANY] immediately.
Description Landlord Rent arrears $1,281.43 Lock/key replacement $1,133.90 Carpet Cleaning $360.00 Cleaning: rubbish removal $264.50 Repairs: wall damage $2,500.00 Filing fee reimbursement $27.00 Total award $5,566.83 Bond $2,760.00 Total payable by Tenant to Landlord $2,806.83
Reasons:
1. The landlord attended the hearing.
__________________________________________________________________________________ 5129415 2
2. The tenant had notified the landlord by text on the morning of the hearing that she was seeking an adjournment because she had filed a cross-application that morning.
3. If the tenant had made an application for adjournment, it would not have been granted. Given the nature of the landlord’s claims, it is not necessary that the tenant’s claims be heard together.
4. Once the tenant’s application is received, a further hearing will be necessary to hear her claims.
5. 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?
6. The tenancy ended on 21 November 2024. A prior order 4959573 dated 27 August 2024 had awarded the landlord rent arrears to 30 August 2024.
7. The landlord provided rent records for the period after that date to termination. It recorded that the rent for the period 12 October to 18 October was $1,380.00. This is in correct and the correct figure was $690.00. The amount claimed has therefore been reduced by $690.00.
Did the tenant comply with their obligations at the end of the tenancy?
8. 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.
9. The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The photographic evidence showed that the carpets had been stained and the landlord advised that the tenant had a dog at the property throughout the tenancy.
10. The tenant did not return the keys.
11. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
12. 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
__________________________________________________________________________________ 5129415 3
damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
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 landlord provided photographic evidence that there were numerous cuts or dents in a wall in the hallway, two walls in the main bedroom and one wall in the living space. They had been poorly patched with plaster and required repair to a professional standard. By its nature and extent, the damage was intentional damage.
18. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
19. The amounts ordered are proved.
20. I have considered 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. The landlord advised that the walls had been freshly painted in 2020. A small reduction in the amount claimed has been made to reflect that the wall painting was two years old and not brand new at the start of the tenancy.
21. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
__________________________________________________________________________________ 5129415 4
[NAME]
14 February 2025
__________________________________________________________________________________ 5129415 5
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/
__________________________________________________________________________________ 5129415 6
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 provide photographic evidence showing the premises left in a reasonable state of cleanliness.
- The tenant did not return the keys to the property as required.
- The tenant did not dispute that the damage to the walls exceeded fair wear and tear.
- The tenant did not provide evidence that the damage was not caused by them or someone they permitted at the property.
- The tenant did not show that the damage was unintentional or due to fair wear and tear.
❌ Tends to be rejected
- The landlord did not provide sufficient evidence to prove that the rent arrears were entirely the tenant's responsibility.
- The landlord did not provide proof that the filing fee was directly related to the issues presented by the tenant.
- The tenant requested an adjournment due to filing a cross-application, but this was not granted and did not affect the outcome.
- The tenant did not have the opportunity to present their claims at the same hearing as the landlord's claims.
- The landlord's claim for the full bond was not supported by evidence that the bond was used to cover any damages.
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 to the premises.
What was the dispute about?
The dispute was about the tenant's responsibility for rent arrears, damages to the premises, and leaving the premises clean upon termination of the lease.
How did the court decide, and why?
The court decided that the tenant was responsible for rent arrears and damages to the premises because the landlord provided photographic evidence of the damages and rent records.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 49B, were applied.
What was the argument that mattered most?
The argument that mattered most was the photographic evidence provided by the landlord showing the damages to the premises.
Was the decision for or against the person who brought the case?
The decision was against the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that the premises are left clean and free from damage upon termination of the lease.
What evidence or documents mattered?
Photographic evidence of the damages to the premises and rent records mattered.