Tenant Ordered to Pay Rent Arrears and Compensate for Excessive Damage
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate the landlord for damages that went beyond normal wear and tear. The tenant was found responsible for leaving excessive rubbish and damaging fixtures, but claims for certain types of damage were dismissed.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for damages that exceed fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent when it is due according to their tenancy agreement. It also requires a tenant to leave the property reasonably clean and tidy, and remove all rubbish when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and compensate the landlord for damages, dismissing claims for certain types of damage.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for damages that exceeded fair wear and tear, dismissing claims for certain types of damage. The tenant failed to comply with obligations at the end of the tenancy, leaving excessive rubbish and damaging fixtures.
📚 Full judgment Official document
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[2025] NZTT 5195931
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,205.67 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $1,800.00 (3317035-027) to [COMPANY] immediately.
3. The landlord’s claim for glass damage is dismissed.
Description Landlord Tenant Rent arrears to 24 December 2024 $1,715.27 Lock/key replacement $143.50 Repairs: light in bedroom and oven $119.90 Rubbish removal: skip bin $550.00 Rubbish removal: labour $450.00 Filing fee reimbursement $27.00 Total award $3,005.67 Bond $1,800.00 Total payable by Tenant to Landlord $1,205.67
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Reasons:
1. [NAME] attended today’s hearing by video for the landlord. The tenant was called twice on the phone number provided neither of the calls were answered. The tenant did not attend by video.
2. I am satisfied that the tenant has been given notice of today’s hearing because she has been served at her email address which was given as an address for service when the variation of tenancy documents which were signed on the 27 September 2024. The tenant has therefore been served in accordance with s91A (2)(e) RTA,
3. 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?
4. The tenancy ended on the 24 December 2024 by TT 5116370. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
5. 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.
6. The tenant left a lot of rubbish and belongings of no value in the property. The landlord had to remove the rubbish.
7. The tenant did not return the keys.
8. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
9. 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.
10. The following damage was caused during the tenancy: A light was pulled down from the ceiling and the oven front was broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
11. The landlord had an electrician repair both the oven and the light.
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12. The amounts ordered are proved.
13. The landlord also claimed $500 for glass damage, however there were no photographs that showed the damage. The outgoing inspection report does not show glass damage. The landlord has not proven this claim and therefore the landlord’s claim for glass damage is dismissed.
14. [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
T Prowse
28 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 return the keys at the end of the tenancy.
- The tenant left a lot of rubbish and belongings in the property, which the landlord had to remove.
- Damage to a light and the oven front occurred during the tenancy and was more than fair wear and tear.
- The landlord substantially succeeded with the claim, so the filing fee was reimbursed.
❌ Tends to be rejected
- The landlord's claim for glass damage was dismissed because there were no photographs to show the 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 the landlord for damages that exceed fair wear and tear.
What was the dispute about?
The dispute was over rent arrears and compensation for 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 that exceeded fair wear and tear because the tenant left excessive rubbish and damaged fixtures at the end of the tenancy.
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 tenant failed to comply with their obligations at the end of the tenancy, leaving excessive rubbish and damaging fixtures.
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 they comply with their obligations at the end of the tenancy to avoid having to pay rent arrears and compensation for damages.
What evidence or documents mattered?
Evidence included rent records, inspection reports, and the condition of the property at the end of the tenancy.