Tenant Ordered to Pay Rent Arrears and Compensation
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate for garden work and key replacement. The tenant agreed to these claims during the hearing.
⚖️ Legal holding
A tenant is obligated to pay rent arrears and compensate for damages caused during the tenancy.
📖 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.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for garden work and key replacement.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for garden work and key replacement. The tenant acknowledged the rent arrears and accepted the claims for garden work and key replacement during the hearing.
📚 Full judgment Official document
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[2025] NZTT 5088488
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] to pay [COMPANY] As Agent For [NAME] $2,917.71 from the bond, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $3,000.00 (3289675-012) immediately apportioned as follows:
[COMPANY] As Agent For [NAME]: $2,917.71
[NAME]: $82.29
Description Landlord Tenant Rent arrears $2,815.71 Lawns and Garden work $40.00 Lock/key replacement $35.00 Filing fee reimbursement $27.00 Total award $2,917.71 Bond $2,917.71 $82.29
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Reasons:
1. Both parties attended the hearing via remote teleconference.
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 8 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenant is responsible for this debt. The tenant also acknowledged the rent arrears during the hearing.
4. The claim for rent arrears is proven.
Did the tenant comply with their obligations at the end of the tenancy?
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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
6. The landlord claims that the tenant vacated the property without mowing the lawns. They also claim that the keys were not returned. Invoices were provided in support. These two claims were not included in the landlord’s original application. During the hearing the tenant accepted these two claims and accordingly I am prepared to allow these by consent.
7. The claims in respect of lawn mowing and key replacement are allowed and ordered by consent.
8. The landlord also claims that the tenant did not refill a gas bottle at the end of the tenancy. This claim was also not recorded in the original application.
9. The tenant disputes this claim.
10. There was no evidence filed in support other than an invoice for a gas bottle refill. Because the tenant disputes this claim, and in the absence of evidence I am not prepared to allow it.
11. The claim for gas bottle refill is dismissed.
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12. [COMPANY] As Agent For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
12 February 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 proved the amount of rent owed with rent records.
- The tenant acknowledged the rent arrears during the hearing.
- The landlord substantially succeeded with the claim, so the filing fee was reimbursed.
❌ Tends to be rejected
- The landlord did not provide evidence to support the claim for a gas bottle refill, other than an invoice.
- The tenant disputed the claim regarding the gas bottle refill.
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 garden work and key replacement.
What was the dispute about?
The dispute was about unpaid rent and the need for compensation for garden work and key replacement.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant acknowledged the rent arrears and accepted the claims for garden work and key replacement.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 40(1)(ca) were applied.
What was the argument that mattered most?
The most important argument was the tenant's acknowledgment of the rent arrears and acceptance of the claims for garden work and key replacement.
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 pay all rent arrears and compensate for any damages caused during the tenancy.
What evidence or documents mattered?
The rent records and invoices for garden work and key replacement were the key pieces of evidence.