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 filing fees. The tenant failed to leave the premises clean and tidy, did not return keys, and left several chattels missing.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord for damages and filing fees if they breach their obligations under the Residential Tenancies Act 1986.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the premises reasonably clean and tidy, and notifying the landlord of any damage or needed repairs. When the tenancy ends, the tenant must move out, remove their belongings, leave the premises clean, and return all keys.
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 damages and filing fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for damages and filing fees, finding that the tenant breached their obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5133009 1
[2025] NZTT 5133009
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] $2,097.00 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $2,070.00 Filing fee reimbursement $27.00 Total award $2,097.00 Total payable by Tenant to Landlord $2,097.00
Reasons:
1. Both parties attended the hearing.
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 [and water rates]?
3. The tenancy ended on [date]. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy [specify details].
__________________________________________________________________________________ 5133009 2
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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
5. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
6. The tenant did not return the keys.
7. The following chattels were missing at the end of the tenancy: [list]. The landlord had to replace light bulbs and smoke alarm batteries.
8. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
9. 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.
10. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
11. 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 (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
12. 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. 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.
13. 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.
__________________________________________________________________________________ 5133009 3
14. 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.
15. The following damage was caused during the tenancy: [list items]. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
16. The amounts ordered are proved.
17. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
18. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
or
19. [COMPANY] As Agent For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
C Lamdin
19 February 2025
__________________________________________________________________________________ 5133009 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.
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].
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/
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 and water rates invoices.
- The tenant did not leave the premises clean and tidy or remove all rubbish, which breached their obligations.
- The tenant failed to return the keys at the end of the tenancy.
- The tenant is responsible for missing chattels, light bulbs, and smoke alarm batteries that the landlord had to replace.
- The damage to the premises was more than fair wear and tear, and the tenant did not prove they were not liable.
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 the landlord for damages and filing fees.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and leaving the premises in a state requiring cleaning and repairs.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears and damages because the tenant breached their obligations under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(1)(ca), and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not fulfill their obligations to leave the premises clean and tidy and to return keys and chattels.
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 meet their obligations under the Residential Tenancies Act 1986 to avoid such penalties.
What evidence or documents mattered?
The evidence included rent records, water rates invoices, and proof of missing chattels and unreturned keys.