Tenant Ordered to Pay Rent Arrears and Compensation for Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensation for damages and cleaning beyond fair wear and tear. The landlord provided evidence of rent records and contractor costs.
⚖️ Legal holding
A tenant is liable for rent arrears and compensation for damages and cleaning 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 rental property reasonably clean and tidy.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and compensation for damages and cleaning.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensation for damages and cleaning beyond fair wear and tear. The landlord provided evidence of rent records and contractor costs.
📚 Full judgment Official document
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[2025] NZTT 5138412
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $4,144.13 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 3/12/2024 $1,130.71 Cleaning, rubbish removal, repairs $3,013.42 Total award $4,144.13 Total payable by Tenant to Landlord $4,144.13
Reasons:
1. The landlord attended the hearing remotely by telephone.
2. Unfortunately, the Tribunal was unable to contact the tenant on her telephone.
3. The landlord has applied for rent arrears and compensation following the end of the tenancy.
4. The periodic tenancy began on 5/10/2023 at a weekly rental of $163.00.
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How much is owed for rent?
5. The tenancy ended on 3/12/2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with her 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
7. In support of the claim for compensation the landlord provided costs from the contractor and entry and exit inspection reports with photographs dated 15/9/2023 and 3/12/2024 respectively.
8. I am persuaded by the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove a significant amount of rubbish when she left the property.
9. In addition, an oven tray, a bedroom curtain and several wardrobe rails and shelves were missing.
10. The amounts awarded are proved.
Is the tenant responsible for the damage to the premises?
11. 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.
12. The landlord claimed compensation for holes in walls and cabinet repairs.
13. However, the landlord reduced the original amount claimed by $66.56 due to the photographs of bedroom 3 not supporting the claim for patch of a hole.
14. 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.
15. 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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16. 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.
17. I am satisfied from the evidence that damage was caused during the tenancy to bedroom walls and is more than fair wear and tear.
18. The amount awarded is proved and considered reasonable.
J Wilson
07 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 tenant owes $1,130.71 for unpaid rent arrears.
- The tenant did not leave the premises reasonably clean and tidy.
- The tenant is responsible for missing items such as an oven tray, bedroom curtain, and wardrobe rails/shelves.
- The tenant is liable for damages to the bedroom walls that exceed fair wear and tear.
❌ Tends to be rejected
- The tenant is not responsible for the full amount claimed for cleaning and repairs since the landlord reduced the claim by $66.56.
- The tenant is not liable for the full extent of all damages claimed as the landlord's own evidence showed some claims were unsupported.
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 compensation for damages and cleaning beyond fair wear and tear.
What was the dispute about?
The dispute was about the tenant's obligation to pay rent arrears and compensate for damages and cleaning beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenant must pay rent arrears and compensation for damages and cleaning beyond fair wear and tear because the landlord provided evidence of rent records and contractor costs.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(1)(ca), and 49B(3)(b) were applied.
What was the argument that mattered most?
The argument that mattered most was the landlord's evidence of rent records and contractor costs, proving the tenant's obligation to pay rent arrears and compensation for damages and cleaning 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 they leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.
What evidence or documents mattered?
The evidence and documents that mattered were the rent records and contractor costs provided by the landlord.