Tenant ordered to pay rent arrears and compensate landlord

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[2026] NZTT 5424711

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $5,617.07 immediately, calculated as shown in table below.

Description Landlord Tenant Rent arrears to 16 January 2026 $114.15 Water rates: December 2025 - 16 January 2026 $124.94 Insurance excess (x6) $4,500.00 Shower trap $50.00 Blind string $100.00 Cleaning $249.99 Rubbish removal $249.99 Lawns and Garden work $200.00 Filing fee reimbursement $28.00 Total award $5,617.07 Total payable by Tenant to Landlord $5,617.07

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Reasons:

1. The landlord attended the hearing on 17 June 2026. The tenant did not attend.

2. The landlord has applied for rent arrears, outgoings, compensation and reimbursement of the filing fee following the end of the tenancy on 16 January 2026.

3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

4. As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that:

…[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

5. I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

How much does the tenant owe in rent arrears?

6. The landlord submitted a rent summary, which proves the tenant owes $3,304.15 in rent arrears up to the end of the tenancy. The landlord has recovered the bond of $3,190.00, which must be deducted from this amount. After this deduction, the total rent arrears are $114.15.

How much does the tenant owe in outstanding water rates invoices?

7. The landlord submitted copies of original invoices from Watercare, which prove the tenant owes $124.94 in outstanding water rates invoices.

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Did the tenant comply with their obligations at the end of the tenancy?

The law

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.1

9. “Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable.2 It does not mean commercially clean,3 spotless4 or to a hotel or motel standard.5 The better the premises and the higher the rent payable, the higher the standard expected.6

Cleaning, lawns and rubbish removal

10. The photographs taken at the end of the tenancy prove the tenant did not leave the premises reasonably clean and tidy and remove all rubbish. The carpet is stained throughout the premises and the landlord gave evidence it smelt like dog urine. I accept the landlord’s evidence on this point. The tenant also left behind personal belongings such as a mattress, outdoor furniture and other miscellaneous household items. Rubbish is scattered throughout the lawns, which are also overgrown.

11. The landlord’s claim for compensation is granted for the following amounts, which are inclusive of GST:

a. Cleaning: $249.99

b. Rubbish removal: $249.99

c. Lawns: $200.00

12. The landlord submitted an invoice from [COMPANY] for these amounts.

Heat pump remote

13. The landlord claims a heat pump remote was provided at the beginning of the tenancy and not returned at the end. They seek $25.00 to replace it.

14. The tenancy agreement does not list a heat pump remote as a chattel provided by the landlord. The landlord did not submit any photographs of the heat pump

1 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v). 2 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 3 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8]. 4 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 5 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 6 Westwood v Western [1994] DCR 759 at [770].

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remote taken during the tenancy. The landlord has not had the heat pump remote replaced and therefore did not submit an invoice either.

15. In the absence of any kind of supporting evidence, I am not convinced on the balance of probabilities that a heat pump remote was provided at the beginning of the tenancy and not returned at the end. I am also not convinced the landlord has incurred a cost to replace it.

16. For all of these reasons, this claim is dismissed.

Is the tenant responsible for damage that occurred during the tenancy?

The law

17. 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.7

18. Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant.8

Insurance excess (x6)

19. The landlord claims the following rooms inside the premises were damaged during the tenancy:

a. Bedroom 1

b. Bedroom 2

c. Ensuite

d. Living room

e. Hallway

f. Garage

20. The repair costs have been covered by the landlord’s [NAME] who has charged the landlord an excess of $750.00 per room, totalling $4,500.00. The repairs include full replacement of the carpet and painting the inside of the premises.

21. The landlord submitted photographs of the premises taken at the beginning of the tenancy. The carpet is in good condition with no obvious or significant stains. The

7 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 8 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403.

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walls are also in good condition with no obvious or significant marks, scratches or holes. In contrast, the photographs taken at the end of the tenancy show the carpet is stained throughout the premises. The landlord gave evidence that the tenant kept a dog at the premises without permission and some of the staining appears to be dog urine. I accept the landlord’s evidence. Photographs of some of the staining appear consistent with the claim regarding dog urine. Other photographs of the carpet show dark marks and spots, some of which appear to be paint. One section of the carpet appears to have been burnt.

22. Other photographs taken at the end of the tenancy show some parts of the walls and doors have been painted white. The colour is slightly different from the original colour of the walls. In particular, a large part of the wall in the hallway appears to have been painted white. In the bedrooms, a couple of screw-sized holes are apparent, as well as other marks that look like small, grey/black squares. The tenant has also painted the garage flooring dark blue. It was grey, polished concrete in the photographs taken at the beginning of the tenancy and is dark blue in the photographs taken at the end.

23. On the balance of probabilities, I find the that the carpet, walls and/or flooring were damaged during the tenancy in each of the following areas:

a. Bedroom 1

b. Bedroom 2

c. Ensuite

d. Living room

e. Hallway

f. Garage

24. The damage exceeds fair wear and tear, and the tenant has not disproved liability.

25. The landlord’s claim for compensation of $4,500.00 to cover the excess of $750.00 for each room is granted.

Shower head and trap

26. The landlord claims the showerhead was broken at the end of the tenancy, because it was leaking water between the hose and head. The landlord gave evidence that the showerhead is 5 years old. Given its age, I am not convinced the leaking exceeds fair wear and tear.

27. The photographs taken at the end of the tenancy also show the shower trap is missing. The landlord gave evidence it was present at the beginning of the tenancy. I accept the landlord’s evidence. I find the shower trap was damaged

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during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.

28. The landlord submitted a quote for $244.00 to repair the shower head and replace the trap. The landlord has only proven their claim in relation to the shower trap, not the shower head. The landlord has also not incurred an actual cost to replace the shower trap yet.

For these reasons, the landlord’s claim for compensation in relation to the shower trap is granted for a nominal amount of $50.00.

Clothesline

29. The landlord claims the main pole on the clothesline was damaged during the tenancy. The landlord submitted one photograph taken at the end of the tenancy. It is taken at a distance and blurry. The quality is not good and no damage can be seen in the photograph.

30. The landlord did not submit a photograph of the clothesline at the beginning of the tenancy.

31. The landlord seeks $325.00 in compensation and submitted a quote for $649.00 to replace the clothesline. The amount sought by the landlord reflects the fact that the clothesline is 5 years old.

32. In the absence of photographs taken at the beginning and end of the tenancy, which clearly show the clothesline is in good condition at the beginning and damaged at the end, I am not convinced on the balance of probabilities that the clothesline was damaged during the tenancy. For this reason, the landlord has not proven this claim, and it is dismissed.

Blind string

33. The premises have roller blinds in some rooms. The landlord claims that the cord on one of the blinds in the living room and bedroom was missing at the end of the tenancy. The landlord submitted photographs of these areas taken at the beginning of the tenancy, which show the cords are present. Photographs taken at the end show the cords are missing. On the balance of probabilities, I find the cords on the roller blinds in the living room and one of the bedrooms were damaged during the tenancy. The damage exceeds fair wear and tear, and the tenancy has not disproved liability.

34. The landlord submitted a quote for $472.00 to replace the cords on each of the blinds. Because the landlord has not actually incurred this cost, their claim for compensation is granted for a nominal amount of $100.00.

35. All of the amounts ordered are proved.

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36. I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Filing fee

37. [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.

[NAME]

17 June 2026

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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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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: