Tenant Ordered to Pay Rent Arrears and Compensation for Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages beyond fair wear and tear. The landlord provided proof of the damages through photos and invoices, and the tenant did not respond to the hearing.
⚖️ Legal holding
A tenant is liable for rent arrears and compensation for damages beyond fair wear and tear.
📖 What the law says
This rule states that a tenant must pay rent when it is due according to their tenancy agreement. It also requires tenants to keep the rental property reasonably clean and tidy, and to leave it in that condition when they move out, removing all their belongings and rubbish.
This rule makes a tenant responsible for the actions of anyone they allow into the rental property. If that person does something that would break the tenancy agreement, the tenant is held accountable for it.
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 beyond fair wear and tear.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages beyond fair wear and tear. The landlord provided proof of the damages through photos and invoices, and the tenant did not respond to the hearing.
📚 Full judgment Official document
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[2025] NZTT 5036669
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $4,657.00 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $2,800.00 (6500087-005) to [COMPANY] immediately.
Description Landlord Tenant Rent arrears $2,880.00 Carpet cleaning, stain and odour removal and window cleaning
$1,150.00
Repairs $3,400.00 Filing fee reimbursement $27.00 Total award $7,457.00 Bond $2,800.00 Total payable by Tenant to Landlord $4,657.00
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Reasons:
1. The landlord attended the hearing, conducted via teleconference. The call to the tenant went unanswered and to voicemail.
2. The previous hearing was adjourned, in part, to allow the tenant to engage with the Tribunal and advise of any change in telephone number. That adjourning order also confirmed significant monetary orders were sought.
3. No response was forthcoming. I was satisfied adequate service had completed and I continued with the hearing.
4. 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?
5. The tenancy ended on 11 August 2024. The landlord provided rent records (inclusive of water) which prove the amount owing at the end of the tenancy is as ordered.
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. The landlord provided photos and an invoice for cleaning activities undertaken. The bulk of the expense was in relation to the carpet. There were stains as well as pet odour observed. There was no landlord permission for pets during the tenancy. The invoiced cost of $1,150.00 as presented is accepted.
8. Rubbish removal was required. This was carried out by the contractor completing the repairs and it was not invoiced separately. The cost is captured within the repair invoice below.
9. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
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 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.
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11. The following damage was caused during the tenancy:
1. Remove all the furniture and rubbish out
2. Fix kitchen tap
3. Clean bathroom hair trap
4. New letter box
5. Latch for HWC
6. Cleaned walls, door and ceiling, pre-paint preparation
7. Supplied and installed roller blind strainers
8. Install 6 x window safety stays
9. Fixed toilet roll holder
10. Replaced damaged toilet seat
11. Locks on bedroom doors
12. Install heat pump remote holder
12. Window safety latches
13. Replaced kitchen cabinet latch
14. Front door lock reset and batteries replacement
15. Fixed sliding door seal
16. Fixed downstairs toilet seat
17.Patched and painted the damaged weatherboard, hardi board
18. Fixed a roller blind in bedroom 1
19. Patches holes and scratches and paint interior walls, frames and doors
12. The damages are more than fair wear and tear, and the tenant has not disproved liability for the damage except for the letter box replacement. That claim is denied as there is no evidence of tenant liability there.
13. The amounts ordered are proved. The landlord provided comparative photos and a detailed invoice where each itemised task was reviewed during the hearing. The invoice total of $3,491.40 has been reduced to $3,400 to reflect and remove an estimated cost of the letter box replacement. As previously noted, embedded in the contractor invoice is rubbish and furniture removal.
14. A second invoice was provided. It listed tasks that overlapped with those above or were unproven. The main task was an external fence and gate installation. I heard the tenants constructed a basic equivalent but rather than remove that, the landlord installed a better replacement. That is an improvement cost that the tenant is not deemed liable for.
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15. I have not taken into account betterment and depreciation as the premises were new at commencement and the tenancy was only of approximately one year duration.
Filing fee
16. [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
M Brennan
26 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].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord provided proof of rent arrears through rent records.
- The landlord showed photos and invoices for cleaning and repairs needed due to damage.
- The landlord demonstrated that the damages exceeded fair wear and tear.
- The landlord successfully claimed reimbursement for the filing fee.
❌ Tends to be rejected
- The tenant did not respond to the hearing or provide any counter-evidence.
- The tenant did not prove they did not cause the damage to the premises.
- The tenant did not refute the landlord's claims with any evidence or explanation.
- The tenant's claim for the letter box replacement was denied due to lack of evidence.
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 about unpaid rent and the need for compensation due to damages found in the rental unit.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not respond to the hearing and the landlord provided sufficient proof of the damages.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The most important argument was the landlord's proof of damages through photos and invoices, showing that the damages were beyond fair wear and tear.
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 that they leave the rental property in good condition and respond to any notices from the landlord.
What evidence or documents mattered?
Photos and invoices provided by the landlord were crucial in proving the extent of the damages.