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 damages and services. The tenant did not comply with their obligations at the end of the tenancy, leaving the premises untidy and refusing to pay outstanding debts.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for damages and services rendered.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires a tenant to keep the rented property reasonably clean and tidy, and to leave it in that condition, removing all their belongings and 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 other charges.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensation for damages and services rendered by the landlord. The tenant failed to comply with their obligations at the end of the tenancy, leaving the premises untidy and refusing to pay outstanding debts.
📚 Full judgment Official document
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[2025] NZTT 5131110
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] - As Agent For Sunny Sun $2,579.38 immediately, calculated as shown in the table below.
2. The claim for replacement of a smoke alarm is withdrawn at the landlord’s request.
Description Landlord Tenant Rent arrears to 14 January 2025 $6,500.00 Water rates $131.13 Cleaning $207.00 Garden work $649.75 Replace damaged toilet seat $264.50 Filing fee reimbursement $27.00 Total award $7,779.38 Bond received by landlord $5,200.00 Total payable by Tenant to Landlord $2,579.38
Reasons:
1. The landlord attended the video hearing represented by [NAME] was no appearance by the tenants who did not join the video link. The Tribunal attempted to telephone the tenants for the hearing, but the calls disconnected. I am satisfied that the tenants received notice of the hearing and did not attend.
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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3. A mediation was held on 19 March 2025 at which the tenant agreed to the following claims as recorded in the Mediator’s report:
a. Rent arrears of $5,087.47;
b. Water rates of $131.13;
c. Costs to replace the damaged toilet seat of $264.50.
d. Refund of the bond of $5,200 to the landlord.
4. The remaining claims for further rent, cleaning and garden work were referred to the Tribunal for final orders to be made including the matters agreed at mediation.
How much is owed for rent?
5. The tenancy ended on 14 January 2025, being the date nominated by the tenants in their notice to terminate the tenancy. 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?
6. 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.
7. The tenant did not leave the premises reasonably clean and tidy and did not tidy the garden as shown in photos produced in evidence by the landlord.
8. The landlord has withdrawn its claim to replace one of the smoke alarms at the property.
9. The amounts ordered are proved.
10. The landlord has already received refund of the bond which has been accounted for in the above orders.
11. As the landlord has succeeded with their claims, they are entitled to reimbursement of the filing fee.
[NAME], 19 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].
⚖️ 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 leave the premises reasonably clean and tidy, as shown in photos.
- The tenant agreed to pay rent arrears of $5,087.47 during mediation.
- The tenant agreed to pay water rates of $131.13 during mediation.
- The tenant agreed to pay $264.50 to replace a damaged toilet seat during mediation.
❌ Tends to be rejected
- The landlord withdrew the claim for replacing a smoke alarm.
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 compensation for damages and services.
What was the dispute about?
The landlord claimed rent arrears and compensation for damages and services left unpaid by the tenant.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not comply with their obligations at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not leave the premises reasonably clean and tidy as required by law.
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 similar penalties.
What evidence or documents mattered?
Photos showing the state of the premises and records of rent arrears were key pieces of evidence.