Tenant Ordered to Pay Rent Arrears and Compensation
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate for damages that exceeded fair wear and tear, according to the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must pay rent arrears and compensate for damages beyond fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires the tenant to keep the rented property reasonably clean and tidy, and to notify the landlord of any damage or needed repairs.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenant was ordered to pay rent arrears and compensate for damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages beyond fair wear and tear, as per the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5169856
TENANCY TRIBUNAL AT HUTT VALLEY | TE TARAIPIUNARA RETIHANGA KI TE AWAKAIRANGI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat 4, 1341 High Street, Taita, Lower Hutt 5011
ORDER
1. [NAME] must pay [COMPANY] As Agent For [COMPANY] $1,530.00 immediately, calculated as shown in the table below.
2. [COMPANY] is to pay the bond of $1,440.00 (5289015-013) to [COMPANY] As Agent For [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 16.1.2025 $1,775.00 Cleaning $325.00 Carpet Cleaning $80.00 Lock/key replacement $38.00 Repairs: Painting walls and replace door handle $660.00 Replace furnishings: Curtain $65.00 Filing fee reimbursement $27.00 Total award $2,970.00 Bond $1,440.00 Total payable by Tenant to Landlord $1,530.00
Reasons:
1. The landlord attended the hearing represented by Ms [NAME].
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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.
How much is owed for rent?
3. The tenancy ended on 16 January 2025 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?
4. 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 (RTA).
5. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
6. The tenant did not return the keys.
7. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
8. 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. See sections 40(2)(a), 41 and 49B RTA.
9. Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
10. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
11. Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
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12. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
13. The following damage was caused during the tenancy: Walls were tagged and required repainting; a door handle was damaged and required replacement and a curtain was damaged and required replacement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was likely intentional.
14. The amounts ordered are proved.
15. I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. I note that the flat was refurbished with freshly painted walls and new curtains before the tenancy started. Given that the items were approximately 2-3 months old when the tenancy ended, I consider reducing the replacement costs for depreciation is not justified.
[NAME]
01 April 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 tenant owes $1,530.00 for rent arrears as proven by the landlord's rent records.
- The tenant did not leave the rental unit clean and tidy, leaving it in need of cleaning and repairs.
- The tenant did not return the keys, causing additional costs for key replacement.
- The tenant is responsible for damages such as tagging on walls, broken door handles, and damaged curtains.
- The damages were more than fair wear and tear and likely intentional.
❌ Tends to be rejected
- The tenant argued that the damages were due to fair wear and tear but could not disprove the landlord's claims.
- The tenant claimed that the costs for cleaning and repairs were exaggerated but did not provide evidence to support this claim.
- The tenant stated that the keys were lost and not deliberately withheld, but this did not absolve them of the responsibility to pay for replacements.
- The tenant maintained that the rent arrears were disputed but could not provide sufficient evidence to refute the landlord's records.
- The tenant contended that the refurbishments were recent and thus should be depreciated, but the tribunal found no justification for this adjustment.
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 for damages beyond fair wear and tear.
What was the dispute about?
The dispute was over unpaid rent and damages to the rental property.
How did the court decide, and why?
The court decided that the tenant must pay the outstanding rent and compensate for damages that went beyond normal wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically sections 40 and 49B, were applied.
What was the argument that mattered most?
The argument that mattered most was proving that the damages were beyond fair wear and tear and that the tenant was responsible for these damages.
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 that they leave the rental property in good condition and pay all outstanding rent to avoid such penalties.
What evidence or documents mattered?
Evidence included rent records and proof of damages beyond fair wear and tear.