Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and damages for unreturned keys and light bulb replacements after the tenant failed to attend the hearing.
⚖️ Legal holding
A tenant must pay rent arrears, water rates, and damages for unreturned keys and light bulb replacements if proven.
📖 What the law says
This section states that a tenant must pay rent when it is due according to their tenancy agreement. It also requires a tenant to leave the property reasonably clean and tidy, remove their belongings and rubbish, and return the keys when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and damages for unreturned keys and light bulb replacements.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and damages for unreturned keys and light bulb replacements, following a hearing where the tenant failed to attend.
📚 Full judgment Official document
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[2025] NZTT 5191652
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $5,484.79 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $3,580.00 (6273798-007) to [COMPANY] As Agent For [NAME] immediately.
Description Landlord Tenant Rent arrears to 17 March 2025 $8,110.00 Water rates $182.19 Repairs: wall damage $230.00 Lock/key replacement $350.00 Light bulbs/batteries $165.60 Filing fee reimbursement $27.00 Total award $9,064.79 Bond $3,580.00 Total payable by Tenant to Landlord $5,484.79
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer any of the calls made at the scheduled time to the number provided to the Tribunal.
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2. The tenant has been served by email which is an address for service on his tenancy agreement.
3. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
4. The landlord has applied for rent arrears, compensation, damages, reimbursement of the filing fee and refund of the bond.
How much is owed for rent and water rates?
5. The landlord stated that the tenant gave notice to end the tenancy, and the tenancy ended on 17 March 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy is $8,110.00 for rent arrears and $182.19 for water rates.
Did the tenant comply with their obligations at the end of the tenancy?
6. At the end of the tenancy the tenant must return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
7. The landlord stated that at the end of the tenancy the tenant did not return six keys to both the front and back doors, nor the garage remote that had been provided at the beginning of the tenancy.
8. The landlord provided an invoice that proves the replacement cost of these keys and remote was $350.00.
9. The landlord also stated that six lightbulbs were not working or missing at the end of the tenancy. Replacement of these bulbs and installation cost $165.60. An invoice was provided in support of this claim.
10. This claim is proved.
Is the tenant responsible for the damage to the premises?
11. 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.
12. The landlord produced photographs that show damage to a wall in one of the bedrooms. The damage is a hole that has been partially repaired and some scratch marks.
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13. I accept the landlord’s information that this exceeds fair wear and tear.
14. The landlord produced an invoice for repairing and repainting this damage, for $230.00. Because the area is not large, I do not consider there is any betterment involved in making this repair.
15. The claim and amount ordered are proved.
16. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
11 June 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 owes $8,110.00 for rent arrears as proven by the landlord's rent records.
- The tenant owes $182.19 for water rates based on the landlord's invoices.
- The tenant must pay $350.00 for the replacement of lost keys.
- The tenant must cover the cost of $165.60 for replacing non-working or missing light bulbs.
❌ Tends to be rejected
- The tenant's failure to attend the hearing and provide counter-evidence did not affect the ruling.
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, water rates, and damages for unreturned keys and light bulb replacements.
What was the dispute about?
The dispute was about unpaid rent, water rates, and damages for unreturned keys and light bulb replacements.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to attend the hearing and did not provide evidence to refute the claims.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was the proof of rent arrears, water rates, and damages for unreturned keys and light bulb 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 attend hearings and provide evidence to refute claims.
What evidence or documents mattered?
The evidence included rent records, water rates invoices, invoices for key replacements, and light bulb replacements.