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 the landlord for damages and expenses incurred due to the tenant's failure to comply with their obligations at the end of the tenancy. This includes cleaning carpets, returning keys, and replacing missing items.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for damages and expenses incurred due to the tenant's failure to comply with their obligations at the end of the tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the premises reasonably clean, and leaving the property tidy and free of rubbish when moving out. In this case, the tenant failed to meet these obligations, leading to rent arrears and damages.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and compensate the landlord for various expenses.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for various expenses incurred due to the tenant's failure to comply with their obligations at the end of the tenancy. The landlord successfully proved the amount owing through rent records and evidence of damages.
📚 Full judgment Official document
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[2025] NZTT 5080515, 5089368
TENANCY TRIBUNAL AT PORIRUA | TE TARAIPIUNARA RETIHANGA KI PORIRUA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] to pay [COMPANY] $3,402.17 from the bond, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $3,980.00 (6068830-013) immediately apportioned as follows:
[COMPANY]: $3,402.17
[NAME]: $577.83
3. The amount to pay is calculated as follows:
Description Landlord Tenant Rent arrears $1,847.86 Key replacement $125.00 Carpet Cleaning $488.75 Break lease expense $686.56 Remotes $227.00 Filing fee reimbursement $27.00 Total award $3,402.17 Bond $3,402.17 $577.83
4. The cross application from the tenant is dismissed.
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Reasons:
1. Both parties attended the hearing.
The landlord’s application.
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 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 carpets reasonably clean. He stated that his carpet cleaner did not arrive to clean the carpets.
6. The tenant did not return the keys.
7. The remotes were missing at the end of the tenancy.
8. The amounts ordered are proved.
Break lease fee
9. I am satisfied that the landlord informed the tenant of the expense involved in breaking the fixed term lease and the tenant agreed to that amount.
Filing Fee
10. Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.
The tenant’s application
11. The tenant has claimed compensation for travel/time when his father travelled to the property but could not get in. He claimed that the landlord was in breach
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of the Residential Tenancies Act 1986 by changing the locks before the tenancy ended.
12. In fact the landlord did not change the locks. The tenant lost the keys and the landlord had new keys cut to replace the lost keys. The landlord did not lock the tenant out of the property. There is no evidence to prove that the tenant asked for assistance from the landlord to let his father into the premises or that the landlord declined any such request.
For these reasons the cross application must be dismissed.
[NAME]
28 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 owing at the end of the tenancy with rent records.
- The tenant did not leave the carpets reasonably clean.
- The tenant did not return the keys at the end of the tenancy.
- The landlord informed the tenant about the cost of breaking the fixed-term lease, and the tenant agreed to pay it.
- The landlord was successful with their claim, so the tenant must reimburse the filing fee.
❌ Tends to be rejected
- The tenant's claim that the landlord changed the locks before the tenancy ended was rejected.
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 the landlord for damages and expenses incurred due to the tenant's failure to comply with their obligations at the end of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to clean the carpets, return the keys, and replace missing items at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears and compensate for damages and expenses because the tenant failed to meet their obligations at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(1)(e)(ii)-(v), was applied.
What was the argument that mattered most?
The most important argument was that the tenant did not comply with their obligations at the end of the tenancy, leading to damages and expenses for the landlord.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the cross application.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they comply with their obligations at the end of the tenancy to avoid having to pay rent arrears and compensation for damages.
What evidence or documents mattered?
The evidence included rent records and proof of damages and expenses incurred by the landlord.