Tenant Ordered to Pay Rent Arrears and Costs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and certain costs incurred by the landlord for non-compliance with a previous order, but dismissed claims for water arrears and carpet cleaning.
⚖️ Legal holding
A tenant must pay rent arrears and reasonable costs incurred by the landlord for non-compliance with a Tribunal order.
📖 What the law says
This rule states that if a tenant stays in a rental property after their tenancy has ended, they are still responsible for all their tenant obligations as if the tenancy was still active, until they move out.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and certain costs but dismissed claims for water arrears and carpet cleaning.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and certain costs incurred by the landlord for non-compliance with a previous order, but dismissed claims for water arrears and carpet cleaning.
📚 Full judgment Official document
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[2025] NZTT 5090108, 5174996
TENANCY TRIBUNAL AT
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Street address], Mount Wellington, Auckland 1062
ORDER
1. The landlord’s name and identifying details including the tenancy address must not be published.
2. [COMPANY] is to pay the bond of $2,400.00 to [the landlord] immediately.
3. [NAME] must pay [the landlord] $4,912.50 immediately, calculated as shown in table below.
4. All other claims are dismissed.
Description Landlord Rent arrears to 11 February 2025 $6,600.00 Lock/key replacement - front door $187.50 Lock/key replacement - garage door $240.00 Bailiff's fee $258.00 Filing fee reimbursement $27.00 Total award $7,312.50 Bond $2,400.00 Total payable by Tenant to Landlord $4,912.50
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Reasons:
1. The landlord attended the hearing in person with her son-in-law, and with a Korean interpreter.
2. The tenant attended also.
3. The landlord has applied for: rent and water arrears; compensation for replacing keys and locks, carpet cleaning, and the bailiffs’ eviction fees; reimbursement of the filing fee; and payment over of the bond following the end of the tenancy.
4. The tenant applied for a rent refund for being charged an extra $50.00 per week rent for having a dog at the premises.
Does the tenant owe the landlord for rent and water?
5. The tenancy ended on 25 January 2025 due to the tenant failing to comply with a Tribunal order that she pay weekly rent by 22 January 2025 and thereafter.1
6. However, the tenant did not vacate the premises until the bailiffs removed her on 11 February 2025.
7. The landlord provided rent records to prove the tenant’s rent debt until her eviction on 11 February 2025.2
8. The Tribunal orders the tenant to pay the landlord $6,600.00 for rent arrears.
9. The claim for water arrears is not allowed because I am not satisfied the tenant owes the amount the landlord claimed.
Is the tenant liable to the landlord for the bailiffs’ fees and lock replacement?
10. The tenant did not voluntarily vacate the premises despite breaching the Tribunal’s order that she pay $600.00 rent by 22 January 2025, with the result being that the tenancy ended at the expiry of a further two working days.
11. The landlord had to pay the bailiffs to remove the tenant.
12. The tenant did not return the keys.
13. The tenant was in breach and must reimburse the landlord for her additional costs to enforce compliance and rekey the locks.
1 [Landlord] v [NAME] [2025] NZTT 5090108, 14 January 2025. . 2 Under s 60 of the Residential Tenancies Act 1986 (RTA), the tenant must pay rent if they remain in occupation after the tenancy has terminated.
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Is the tenant liable to the landlord for the cost of carpet cleaning?
14. At the end of the tenancy the tenant must leave the premises reasonably clean.3
15. The landlord claimed for the cost of cleaning carpet stains.
16. However, the tenant disputed the claim, saying that the stains pre-dated the tenancy.
17. Having heard from the tenant, I am not satisfied on the balance of probabilities that the tenant was responsible for significant additional staining.
18. Moreover, the carpets are old and in need of replacing. I am not satisfied that the landlord will clean the carpets rather than just replace them.
19. The carpet claim is dismissed.
20. The amounts ordered are proved.
Is the landlord liable to the tenant for $50.00 per week extra rent?
21. The landlord charged the tenant an extra $50.00 per week for her to have a dog at the premises.
22. The tenant says the landlord should not have been charged extra for having a dog and should be reimbursed the extra weekly amount. The tenant submits the landlord could rightly have imposed a pet bond but not an extra weekly amount.
23. The landlord made an offer, and the tenant accepted it. The parties agreed to the weekly rent at $600.00 per week. A binding contract arose.
24. I am unaware of anything in the Act or the general law that prohibits a landlord from offering a tenancy at a higher weekly rent rate to account for a pet being on the premises.
25. This claim is dismissed.
Filing fee
26. The landlord has substantially succeeded in the proceedings.
27. The tenant must reimburse the landlord for the filing fee.
3 RTA, s40(1)(e)(iii).
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Bond
28. [COMPANY] is directed to pay the bond to the landlord.
29. The bond amount is to be deducted from what the tenant owes the landlord.
Non-publication
30. The landlord applied for non-publication of her name and identifying details.
31. The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
32. The landlord substantially succeeded in proceedings. I do not consider that publication is in the public interest or is justified because of the landlord’s conduct or any other circumstances of the case.
33. The Tribunal orders non-publication as sought.
[NAME] 11 March 2025
__________________________________________________________________________________ 5090108 5
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/
__________________________________________________________________________________ 5090108 6
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:
414901822: MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant must pay rent arrears as they remained in occupation after the tenancy had terminated.
- The tenant must reimburse the landlord for the bailiffs' fees and lock replacement due to their breach of the Tribunal order.
- The landlord successfully argued that the tenant was liable for the landlord's additional costs to enforce compliance and rekey the locks.
- The landlord must be reimbursed for the filing fee since they substantially succeeded in the proceedings.
❌ Tends to be rejected
- The claim for water arrears was not allowed because the Tribunal was not satisfied that the tenant owed the amount claimed by the landlord.
- The claim for carpet cleaning costs was dismissed as the Tribunal was not convinced that the tenant was responsible for significant additional staining.
- The tenant's request for a rent refund for being charged extra for having a dog was dismissed as the parties had agreed to the weekly rent amount.
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 certain costs incurred by the landlord for non-compliance with a previous order, but claims for water arrears and carpet cleaning were dismissed.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears and various costs to the landlord, including water arrears and carpet cleaning.
How did the court decide, and why?
The court decided that the tenant must pay rent arrears and certain costs because the tenant did not comply with a previous order, but dismissed claims for water arrears and carpet cleaning because the landlord failed to prove these claims.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54 and 60 were applied.
What was the argument that mattered most?
The most important argument was that the tenant did not comply with a previous order, which led to the landlord incurring costs such as bailiffs' fees and lock replacements.
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 comply with any previous orders from the Tenancy Tribunal to avoid incurring additional costs.
What evidence or documents mattered?
The evidence that mattered included rent records and the landlord's claim for costs such as bailiffs' fees and lock replacements.