Tenant Ordered to Pay Rent Arrears and Compensation
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate the landlord for garden work and driveway damage. Despite the tenant's difficult circumstances, she was still responsible for paying rent.
⚖️ Legal holding
A tenant is required to pay rent arrears and compensate the landlord for damages and necessary work done on the property.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in good condition when moving out. In this case, the tenant was ordered to pay overdue rent and cover costs for property damage and necessary work.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenant was ordered to pay rent arrears and compensate the landlord for garden work and driveway damage.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for garden work and driveway damage. The tenant's difficult circumstances did not absolve her from paying rent.
📚 Full judgment Official document
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[2025] NZTT 5128889, 5183425
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
2. [The tenant/s] must pay [The landlord/s] $2,647.71 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears (to 25 February 2025) $3,802.71 Lawns and Garden work $480.00 Compensation: Driveway $300.00 Total award $4,282.71 $300.00 Net award $3,982.71 Bond $1,335.00 Total payable by Tenant to Landlord $2,647.71
3. The Bond Centre is to pay the bond of $1,335.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons:
1. Both parties attended the hearing.
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.
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How much is owed for rent?
3. The tenant left the premises on 14 February. She says that she should only pay rent to that date. The landlord says that it was entitled to 21 days’ notice to terminate the tenancy, which means it should be paid for rent to 25 February 2025.
4. The tenant fell into arrears because of a processing issue with WINZ payments. The tenant then experienced a medical misadventure which put her further behind with the rent. Neither of those issues were caused by the landlord, and the tenant remains liable for rent notwithstanding her difficult circumstances. Attempts were made to clear the arrears, but the tenant did not catch up. The landlord then gave notice of a rent increase, which made the property unaffordable for the tenant.
5. The tenant advised the landlord that she would look for somewhere else to live rather than pay the increased rent. She applied for many properties but was turned down. She says that is because the landlord told reference checkers that the rent was in arrears. The landlord accepts that she gave that information and says she was asked, and the information was factual.
6. The tenant seems to think that the landlord should have either not disclosed the arrears or explained that it was because of circumstances outside the tenant’s control. It was the for the tenant to provide the explanation to any prospective landlord, not [the current landlord].
7. The tenant also believes that a new tenant moved into the premises between the date she left (14 February) and the date rent is claimed to (25 February). The landlord says that is not correct; a new tenancy started on 28 or 29 February.
8. I find that the landlord is entitled to rent to 25 February 2025. I award $3,802.71 being the amount claimed, less $65.00 for one week in which the landlord had agreed to waive the rent increase.
Did the tenant comply with their obligations at the end of the tenancy?
9. 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.
10. The tenant did not leave the lawns and gardens reasonably clean and tidy. The landlord provided a receipt and photographs. The tenant accepted the claim.
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Tenant Claims
11. Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.
12. The tenant claims that the driveway was in a poor state of repair such that it damaged vehicle tyres and they had to be replaced. She provided a receipt for two tyres and claimed the replacement cost of $406. She did not provide any evidence of the age or condition of the replaced tyres and did not provide any direct, corroborative evidence that the condition of the drive caused damage.
13. The tenant did provide evidence of the condition of the driveway for most of the tenancy. It was replaced in mid-2024. For most of the tenancy the driveway was broken, uneven concrete (it was beyond the condition you would expect of an old, used driveway). The tenant did not establish that the condition of the driveway caused tyre damage. However, I find that the driveway was a potential safety hazard and was not in a reasonable state of repair. I award the tenant $300 for loss of amenity.
14. The tenant also referred to mould issues. The only evidence in relation to this was from 2020 when the tenancy started (and before any requirement for Healthy Homes compliance). The issue was resolved promptly and there is no evidence of it recurring. The tenant also referred to leaks and rodents in the garage but did not provide supporting evidence, of either their existence or the cause. Any claims relating to those issues are dismissed.
15. As both parties were partially successful, I have not awarded reimbursement of the either Tribunal application fee. I have suppressed the parties’ details, having regard to the degree of success of each party and the tenant’s medical issues which have (in part) led to these applications.
[NAME] 13 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 was entitled to rent until February 25, 2025, because they were owed 21 days' notice to end the tenancy.
- The tenant was responsible for rent arrears despite difficult personal circumstances, as these issues were not caused by the landlord.
- The landlord was allowed to disclose factual information about rent arrears to reference checkers when asked.
- The tenant was responsible for providing explanations about her circumstances to prospective landlords, not the current landlord.
- The tenant had to pay for lawns and garden work because she accepted the claim and did not leave them tidy.
- The tenant was awarded compensation for loss of amenity because the driveway was a potential safety hazard and not in reasonable repair.
❌ Tends to be rejected
- The tenant's claim for tyre damage due to the driveway was rejected because she did not provide evidence of the tyres' condition or direct proof of causation.
- The tenant's claim regarding mould issues was dismissed because the evidence was from the start of the tenancy and the issue was resolved.
- The tenant's claims about leaks and rodents in the garage were dismissed due to a lack of supporting evidence.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay rent arrears and compensate the landlord for garden work and driveway damage.
What was the dispute about?
The dispute was over whether the tenant owed rent arrears and whether the landlord was entitled to compensation for garden work and driveway damage.
How did the court decide, and why?
The court decided that the tenant must pay rent arrears and compensate the landlord because the tenant was responsible for maintaining the property in good condition and paying rent.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 45 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for paying rent and maintaining the property in good condition.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they pay rent on time and maintain the property in good condition to avoid disputes.
What evidence or documents mattered?
Evidence of rent arrears, garden work, and driveway condition mattered in this case.