Tenant Ordered to Pay Rent Arrears and Compensation

OUTCOME: Allowed

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[2026] NZTT 5413969

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The Order dated 3 June 2026 is recalled, amended and reissued pursuant to the terms of this order.

2. [RESPONDENT] must pay [APPELLANT] [NAME] $1,058.82 immediately, calculated as shown in table below.

Description Landlord Tenant Rent arrears to 6 November 2025 $469.28 Repairs: Holes in walls $99.68 Repairs: Window $385.60 Cleaning: Kitchen cupboards $104.26 Total award $1,058.82 Total payable by Tenant to Landlord $1,058.82

Reasons:

1. The landlord attended the hearing on 3 June 2026. The tenant did not attend. The tenant tried to call into the hearing around 2:20/2:30pm however, by this time, the hearing had concluded.

2. On 3 June 2026, I issued an order requiring the tenant to pay the landlord $954.56. Due to an administrative error, the table calculating the amount owed by

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the tenant did not include $104.26 for cleaning the kitchen cupboards. Instead “0.00” was recorded for cleaning this area. The purpose of this order is to recall, amend and reissue the order dated 3 June 2026 to correct this error. In all other respects, the order dated 3 June 2026 remains the same.

3. The landlord has applied for rent arrears and compensation following the end of the tenancy.

4. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much does the tenant owe in rent arrears?

5. The tenancy ended on 6 November 2025. The landlord submitted a rent summary, which proves the tenant owes $469.28 in rent arrears up to this date.

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

The law

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.1

6. “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

Analysis

7. The photographs taken at the end of the tenancy show the premises were left reasonably clean and tidy, except for the kitchen cupboards and drawers. Some of these areas have dirt and staining on them and do not appear to have been cleaned or wiped down.

8. The landlord submitted a work order for $104.26 to clean the kitchen cupboards and drawers. The landlord’s claim for compensation is granted for this amount.

1 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v). 2 Housing New Zealand v [NAME] TT215/93, 8 February 1993 at [8]. 3 [NAME] v [COMPANY] 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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9. The landlord withdrew their claim for compensation of $48.45 to clean the rangehood.

Is the tenant responsible for damage to the premises during the tenancy?

The law

10. 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 the 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

11. 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

Walls

12. The photographs taken at the beginning of the tenancy do not show any holes in the walls in the dining room or laundry. In contrast, the photographs taken at the end show holes to the walls in these areas. I find the damage occurred during the tenancy and exceeds fair wear and tear. The tenant has not disproved liability.

13. The landlord submitted a work order for $99.68 to repair the holes in the walls The landlord’s claim for compensation is granted for this amount.

Window

14. The photographs taken at the beginning of the tenancy do not show any damage to the window in bedroom 2, although the photographs are not the best quality. The landlord gave oral evidence that the window in bedroom 2 was not damaged at the beginning of the tenancy. In the absence of any evidence to the contrary, I accept the landlord’s evidence.

15. The photographs taken at the end of the tenancy show a medium - large crack to the window in bedroom 1. I find the crack occurred during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.

16. The landlord submitted a work order for $385.60 to reglaze the window. The landlord’s claim for compensation is granted for this amount.

17. The amounts ordered are proved.

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

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18. 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

19. The landlord made an application requesting not to be reimbursed the filing fee.

[NAME]

09 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/enforcingdecisions 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 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].

The law Analysis The law Walls Window Rehearings Right of Appeal Grounds for an appeal Enforcement