Tenant Ordered to Pay Rent Arrears and Compensation for Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate for damages beyond fair wear and tear. The tenant did not leave the premises clean and accepted responsibility for wall damage.
⚖️ Legal holding
A tenant must pay rent arrears and compensate for damages beyond fair wear and tear.
📖 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 that condition when moving out. It also requires tenants to notify the landlord of any damage or needed repairs.
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 damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages beyond fair wear and tear. The tenant failed to leave the premises reasonably clean and tidy and accepted responsibility for wall damage.
📚 Full judgment Official document
__________________________________________________________________________________ 5168551 1
[2025] NZTT 5168551
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] to pay [COMPANY] For [NAME] $2,902.97 from the bond, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $3,360.00 (6486275-019) immediately apportioned as follows:
[COMPANY] For [NAME]: $2,902.97
[NAME] and [NAME]: $457.03
Description Landlord Tenant Rent arrears to 31 January 2025 $2,300.97 Cleaning $345.00 Repairs: Wall holes $230.00 Filing fee reimbursement $27.00 Total award $2,902.97 Bond $2,902.97 $457.03
__________________________________________________________________________________ 5168551 2
Reasons:
1. Both parties attended the hearing. The landlord attended by video. The tenant ([NAME]) attended by telephone.
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 31 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.
5. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
6. The amount ordered is proved.
Is the tenant responsible for the damage to the premises?
7. The landlord claimed for damage to the walls in the lounge. The tenant accepted that the damage was caused during the tenancy and was more than fair wear and tear.
8. The amount claimed is awarded.
9. [COMPANY] For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
N Walker
04 June 2025
__________________________________________________________________________________ 5168551 3
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/
__________________________________________________________________________________ 5168551 4
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 owing at the end of the tenancy with rent records.
- The tenant failed to leave the premises reasonably clean and tidy and did not remove all rubbish.
- The tenant accepted responsibility for damage to the walls that was more than fair wear and tear.
- The landlord was reimbursed the filing fee because they wholly succeeded with their claim.
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 compensate for damages beyond fair wear and tear.
What was the dispute about?
The dispute was about unpaid rent and compensation for damages to the rental property.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and compensate for damages because the tenant left the premises unclean and accepted responsibility for the wall damage.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40(1)(e)(ii)-(v) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant accepted responsibility for the wall damage and did not leave the premises reasonably clean and tidy.
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 leave the premises clean and report any damage to avoid financial penalties.
What evidence or documents mattered?
The evidence included rent records and the tenant's acceptance of responsibility for the wall damage.