Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
In this case, the Tenancy Tribunal ruled that the tenant must pay rent arrears and damages for cleaning and repairs after failing to leave the property in a clean state and causing damage. The decision is based on the Residential Tenancies Act.
⚖️ Legal holding
A tenant is liable for rent arrears, cleaning costs, and repairs if they do not comply with their obligations at the end of a tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and notifying the landlord of any damage or needed repairs. At the end of a tenancy, it requires the tenant to leave the premises, remove their belongings, and leave the property in a reasonably clean and tidy condition, removing all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and damages for property damage.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, cleaning costs, and repair expenses for property damage. The decision is based on the tenant's failure to comply with their obligations at the end of the tenancy under the Residential Tenancies Act.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5412868
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [COUNSEL]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [RESPONDENT] must pay [COMPANY] As The Agent For [COUNSEL] $3,533.95 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 7 November 2025 $207.14 Rubbish removal $1,372.02 Cleaning $869.99 Window repairs $658.95 Repairs: Door $184.00 Light fittings $213.85 Filing fee reimbursement $28.00 Total award $3,533.95 Total payable by Tenant to Landlord $3,533.95
Reasons:
1. Both parties attended the hearing held on 3 June 2026. The landlord attended by video and the tenant attended by telephone.
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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 Tribunal terminated the tenancy by order1 dated 3 November 2025. The tenancy was to end at 5pm on Wednesday 5 November 2025. The tenant did not vacate the premises on that date. The landlord claims two more days for rent to 7 November 2025. The rent for those days is awarded.
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 premises reasonably clean and tidy, and did not remove all rubbish.
6. The following chattels were missing at the end of the tenancy: light fittings.
7. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
8. 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.
9. 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.
10. 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.
1 TT5362718
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11. 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.
12. 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. [NAME] v Korck [2019] NZHC 1541.
13. The following damage was caused during the tenancy: damaged door and broken window. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
14. The amounts ordered are proved.
15. The landlord withdrew the claim for replacement of a light fitting in the dining room because there was no evidence of the fitting from before the tenancy commenced.
16. [COMPANY] As The Agent For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
03 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Landlord Wins Unpaid Rent Claim Against Absent Tenant
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Repair Costs After Rehearing
- Tenancy Tribunal Tenant’s Tenancy Terminated Due to Abandonment and Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Return Bond
- Tenancy Tribunal Tenant Must Tidy Lawns or Pay $1,000 - Tenancy Tribunal
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Fees
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenancy Tribunal Dismisses Tenant’s Application Due to Non-Attendance
- Tenancy Tribunal Tenancy Tribunal Dismisses Landlord's Claim Due to Non-Attendance
- Tenancy Tribunal Tenancy Tribunal Rejects Tenant’s Compensation Claim
- Tenancy Tribunal Claim Dismissed: Tenant Failed to Attend Hearing
- Tenancy Tribunal Tribunal Denies Landlord's Expedited Termination Request Due to Lack of Evi…
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant did not comply with rental obligations such as paying arrears and maintaining property.
- Tenant abandoned the premises leaving rent in arrears.
- Landlord provided evidence of unpaid rent and fees.
- Tenant failed to attend a scheduled hearing without prior settlement or hearing.
- Tenant was required to comply with correctly served notices under the Residential Tenancies Act 1986.
❌ Tends to be rejected
- Parties did not attend the hearing as required by law.
- No robust documentary evidence was provided for an expedited abandonment process.
- Tenant's fixed-term agreement did not include a longer term explicitly agreed in writing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal ordered the tenant to pay rent arrears, cleaning costs, and repair expenses for property damage.
Who was involved?
A landlord and a tenant were involved in the dispute over unpaid rent and damages.
How did the court decide, and why?
The Tribunal decided based on evidence that the tenant failed to comply with their obligations at the end of the tenancy and caused damage to the property.
Which laws or rules were applied?
The Residential Tenancies Act 1986 was applied, specifically sections dealing with rent arrears and property damage.
What was the argument that mattered most?
The tenant's failure to leave the premises clean and tidy and causing damage to the property was the central issue.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord, as the tenant was ordered to pay rent arrears and damages.
What does this mean for someone in a similar situation?
Tenants should ensure they leave premises clean and tidy at the end of tenancy and avoid causing damage to avoid legal consequences.
What evidence or documents mattered?
Evidence included proof of rent arrears, cleaning costs, repair expenses, and property condition reports.
Can a decision like this be appealed?
Yes, either party can appeal the decision within 10 working days to the District Court.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for such cases.