Tenant ordered to pay rent arrears and compensate for missing curtains
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate for missing curtains at the end of the tenancy. The landlord presented evidence of the arrears and the missing curtains, leading to the ruling.
⚖️ Legal holding
A tenant is required to pay rent arrears and compensate for missing chattels at the end of the tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean, and removing all their belongings and rubbish when the tenancy ends.
This section states that if one party breaks the tenancy agreement or the Act, the other party must take reasonable steps to reduce any resulting damage or loss.
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 missing curtains.
📜 Headnote Official document
At the Tenancy Tribunal, the landlord successfully argued that the tenant owed rent arrears and needed to compensate for missing curtains at the end of the tenancy. The Tribunal ordered the tenant to pay the specified amounts.
📚 Full judgment Official document
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[2025] NZTT 5108953
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $2,837.00 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $2,200.00 (6070753-022) to [NAME] immediately.
Description Landlord Tenant Rent arrears to the end of 29/12/2024 $3,550.00 Water rates $1,276.25 Replacement curtains $183.75 Filing fee reimbursement $27.00 Subtotal $5,037.00 Bond $2,200.00 Total amount tenant must pay the landlord $2,837.00
Reasons:
1. The landlord attended the hearing for herself.
2. The tenant did not attend. The hearing proceeded in the tenant’s absence.
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3. The landlord has applied for rent and water arrears, compensation for missing curtains, reimbursement of the filing fee, refund of the bond following the end of the tenancy.
How much does the tenant owe for rent and water rates?
4. The tenancy began on 19 December 2018 and ended on 29 December 2024.
5. The landlord provided rent records and water rates invoices which showing the amounts the tenant owes.
6. The landlord has proven the water arrears.
7. For rent arrears, the landlord claimed $6,039.34. However, the rent summary for the years prior 2024 is insufficient. Also, the landlord’s records indicate the tenant did not incur any arrears in 2023. The arrears prior to 2024 fall between 2019 to 2022. The landlord has not shown she took active steps to recover the arrears before last year. I am not satisfied the landlord reasonably mitigated her loss by pursuing recovery of the rent in a timely way.1
8. I am satisfied on the balance of probabilities that the tenant incurred the 2024 arrears and that the landlord has mitigated her loss by pursuing the arrears by issuing a 14-day notice and bringing proceedings within a reasonable period.
9. The Tribunal therefore orders the 2024 arrears but not the earlier alleged arrears.
Did the tenant return the curtains?
10. At the end of the tenancy the tenant must leave all chattels provided for their benefit.2
11. At the end of the tenancy, the curtains were missing. The landlord says the tenant told her that she had lost them at the laundromat.
12. The replacement curtains cost the landlord $735.00. The Tribunal orders the tenant to reimburse the landlord one-quarter of that sum to account for depreciation (the curtains were new at the beginning of the tenancy, the curtains have an expected life span of about eight years, and the tenancy lasted six years).
1 Residential Tenancies Act 1986, s 49. 2 Residential Tenancies Act 1986, s 40(1)(e)(v)
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Filing fee
13. The tenant must reimburse the landlord for the filing fee.
[NAME]
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 tenant owed money for water rates.
- The landlord showed that the tenant owed rent for 2024.
- The landlord took timely steps to recover the 2024 rent arrears.
- The tenant was responsible for the missing curtains at the end of the tenancy.
- The tenant must pay back the landlord's filing fee.
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 missing curtains at the end of the tenancy.
What was the dispute about?
The landlord claimed rent arrears and compensation for missing curtains at the end of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant was responsible for rent arrears and missing curtains under the Residential Tenancies Act.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(v) and 49 were applied.
What was the argument that mattered most?
The landlord's argument that the tenant was responsible for rent arrears and missing curtains at the end of the tenancy was the most important.
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 pay rent arrears and compensate for missing chattels at the end of the tenancy.
What evidence or documents mattered?
The rent records and water rates invoices, along with the evidence of missing curtains, mattered in the decision.