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 that exceeded normal wear and tear, according to the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must pay rent arrears and compensate the landlord 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 the tenant to keep the rented property reasonably clean and tidy, and to leave it in that condition when they move out, removing all their belongings and rubbish.
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.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for damages beyond fair wear and tear, as per the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 4993788
TENANCY TRIBUNAL - Manukau
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] $2,577.54 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 8 July 2024 $535.71 Lock/key replacement $121.04 Window repairs $301.06 Cleaning $223.94 Lawns and Garden work $75.00 Light bulbs/batteries $9.99 Replace smoke alarms $8.66 Replace wardrobe rail $45.60 Replace sink plugs $15.87 Repairs: Bathroom towel rail $78.26 Replace broken door stops $34.74 Repairs: Walls and doors $485.59 Storage $136.08 Rubbish removal $479.00 Filing fee reimbursement $27.00 Total award $2,577.54 Total payable by Tenant to Landlord $2,577.54
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Reasons:
1. The landlord attended the hearing. The tenant did not attend the hearing.
2. The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
3. The Tribunal made an order on 20 June 2024 terminating the tenancy, awarding rent arrears to that date and releasing the bond.
4. The landlord seeks rent arrears for the period between 21 June 2024 and 8 July 2024 as the tenant was evicted from the tenancy on 9 July 2024. The rent arrears sought is granted.
Did the tenant comply with their obligations at the end of the tenancy?
5. 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.
6. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
7. The tenant did not return the keys.
8. The following chattels were missing at the end of the tenancy: smoke alarm, wardrobe rail, door stops, sink plugs. The landlord had to replace light bulbs.
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.
11. 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.
12. 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
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four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
13. 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.
14. 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.
15. 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.
16. The following damage was caused during the tenancy: damage to walls and doors, broken garage window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
17. The amounts ordered are proved.
18. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
N Walker
12 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 tenant did not leave the rental property clean and tidy.
- The tenant did not remove all rubbish from the premises.
- The tenant did not return the keys to the landlord.
- The tenant is responsible for replacing missing chattels such as smoke alarms, wardrobe rails, door stops, and sink plugs.
- The tenant is responsible for the cost of repairing damage to walls and doors, and the broken garage window.
❌ Tends to be rejected
- The tenant did not attend the hearing to dispute the claims.
- The tenant did not provide evidence to disprove liability for the damages.
- The tenant did not prove that the damage was due to fair wear and tear.
- The tenant did not show that the damage was not caused by their actions or those of people they permitted on the premises.
- The tenant did not demonstrate that the landlord's insurance covered the damages and that the tenant's liability was limited accordingly.
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 beyond fair wear and tear.
What was the dispute about?
The landlord claimed rent arrears and compensation for damages left by the tenant at the end of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not leave the premises clean and tidy, and several items were damaged or missing.
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 at the end of the tenancy, leaving the premises in poor condition and causing 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 rental property in good condition and replace any damaged items to avoid financial penalties.
What evidence or documents mattered?
Evidence included the state of the property at the end of the tenancy, including missing items and necessary repairs.