Tenant Ordered to Pay Rent Arrears and Compensation for Damages
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay rent arrears, water rates, and compensation for damages beyond fair wear and tear. The tenant was found responsible for leaving the premises in a state of disrepair and for causing damage that went beyond normal wear and tear.
⚖️ Legal holding
A tenant is liable for rent arrears, water rates, and 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 a similar condition when moving out. It also requires tenants to remove all their belongings and rubbish when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully recovered rent arrears, water rates, and compensation for damages.
📜 Headnote Official document
In a recent Tenancy Tribunal ruling, a tenant was ordered to pay rent arrears, water rates, and compensation for damages beyond fair wear and tear. The Tribunal found that the tenant had not left the premises reasonably clean and tidy, and had not disproved liability for the damage.
📚 Full judgment Official document
__________________________________________________________________________________ 5064868 1
[2025] NZTT 5064868
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] For [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] T/As Ray White As Agent For [NAME] $7,011.43 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 16/09/2024 $2,984.09 Water rates $695.24 Cleaning and repairs $3,080.85 Lawns and Garden work $224.25 Filing fee reimbursement $27.00 Total award $7,011.43 Total payable by Tenant to Landlord $7,011.43
Reasons:
1. The landlord attended the teleconference hearing. The tenant did not.
Substituted service
2. The tenancy was from 18 February 2023 until 16 September 2024.
__________________________________________________________________________________ 5064868 2
3. The landlord made this application to the Tribunal on 26 November 2024.
4. As the application was filed more than two months after the end of the tenancy, the usual service rules no longer apply.
5. The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).
6. The application has not been served in accordance with these requirements.
7. However, there was evidence of the tenant communicating with the landlord as recently as 1 October 2024 from the email address provided for the purposes of this application.
8. I am satisfied that the tenant has been notified of this application and this hearing via email.
9. Therefore, I dispense with the requirement for service under the RTA and proceed as if the notice had been served on the tenant in accordance with the RTA. See section 91B RTA.
Landlord’s claims
10. The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
11. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
12. I order the tenant to pay the landlord $2,984.09 for rent arrears to 16 September 2024 and $695.24 for water rates arrears.
Compensation claims
13. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish. See section 40(1)(e) RTA.
14. For damage claims, 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.
15. 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. See section 49B(3)(a) RTA.
__________________________________________________________________________________ 5064868 3
16. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' 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.
17. 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.
18. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was damage which was more than fair wear and tear, and the tenant has not disproved liability for the damage.
19. Having seen the photos and the invoices, I am satisfied that the landlord has proven the claims to the required standard.
20. I order the tenant to pay the landlord $3,080.85 for full exit cleaning, repair work and rubbish removal and $224.25 for mowing the lawn, re-stringing the washing line, moving the bin and reattaching the wardrobe door magnet.
Filing fee reimbursement
21. [COMPANY] T/As Ray White As Agent For [NAME] has wholly succeeded with the claim, the tenant must reimburse the filing fee.
J Yi
15 April 2025
__________________________________________________________________________________ 5064868 4
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/
__________________________________________________________________________________ 5064868 5
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 rent records and water rates invoices proving the amount owing.
- The tenant left the premises in a condition that required extensive cleaning and repairs.
- The tenant did not provide evidence to disprove their liability for the damages found.
- The landlord's insurance covered some of the damages, limiting the tenant's liability.
❌ Tends to be rejected
- The tenant did not attend the teleconference hearing.
- The tenant did not communicate directly with the tribunal or contest the claims made.
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, water rates, and compensation for damages beyond fair wear and tear.
What was the dispute about?
The dispute was about the tenant's responsibility for rent arrears, water rates, and damages to the rental property.
How did the court decide, and why?
The court decided that the tenant was liable for rent arrears, water rates, and damages beyond fair wear and tear because the tenant did not leave the premises reasonably clean and tidy and did not disprove liability for the damage.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 49B(3)(a) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not leave the premises reasonably clean and tidy and did not disprove liability for the damage.
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 premises reasonably clean and tidy and do not cause damage beyond fair wear and tear.
What evidence or documents mattered?
The evidence included rent records, water rates invoices, and photos of the premises showing the extent of the damage.