Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
In this case, the Tenancy Tribunal ruled that a tenant must pay rent arrears, utility bills, and costs for property repairs because they did not comply with their obligations when leaving the rental property at lease end. The landlord provided proof of non-compliance through invoices and photos.
⚖️ Legal holding
A tenant is liable for rent arrears, utility charges, and damage costs when breaching tenancy obligations at lease end.
📖 What the law says
This section outlines what a tenant is responsible for, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in good condition when moving out. It also requires tenants to remove all their belongings and rubbish 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 property repairs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and damages for property repairs due to breach of tenancy obligations at lease end. The landlord provided evidence of non-compliance with exit requirements.
📚 Full judgment Official document
OUTCOME: Allowed
__________________________________________________________________________________ 5432968 1
[2026] NZTT 5432968
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [RESPONDENT] must pay [APPELLANT] $5,645.75 immediately, calculated as shown in table below.
2. The [COMPANY] is to pay the bond of $2,000.00 (5991708-006) to [NAME] [APPELLANT] [COMPANY] As Agent For [COUNSEL] immediately.
Description Landlord Tenant Rent arrears $4,211.43 Water rates $227.43 Rubbish removal $821.39 Cleaning $1,518.00 Garden waste (50% of invoiced cost) $264.50 Oven replacement (50% depreciated) $287.50 Replace draw handle $287.50 Filing fee reimbursement $28.00 Total award $7,645.75 Bond $2,000.00 Total payable by Tenant to Landlord $5,645.75
__________________________________________________________________________________ 5432968 2
Reasons:
1. The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any prior contact with the Registry. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.
2. The first hearing was adjourned part-heard with a tenant counterclaim expected afterwards. That did not eventuate. As the tenancy would end before this hearing, the landlord was granted leave to vary the application for any vacated claims. This was done.
3. 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?
4. The tenancy ended on 8 April 2026 as expected. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as ordered.
5. The landlord found flatmates of the tenant at the premises at exit. They told her they had only just been told by the tenant that the tenancy had ended and that they had to leave immediately. The tenant was well aware of the end date beforehand as that was confirmed in the prior order dated 24 March 2026.
Did the tenant comply with their obligations at the end of the tenancy?
6. 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.
7. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The sudden need for the flatmates to leave may have contributed to the poor condition of the premises at vacate.
8. The landlord provided entry and exit photos, as well as invoices for rubbish removal, cleaning, and garden waste removal. The claim for garden waste removal was 50% of cost as the landlord recognised some benefit from the prior (non-approved) effort that generated the waste.
9. The claims for rubbish removal and cleaning are awarded in full. The effort required as invoiced was justified in the supporting evidence.
10. The landlord had to replace a draw handle that was missing. This cost $26.71 as invoiced. Photos from entry prove it was there at commencement.
__________________________________________________________________________________ 5432968 3
11. The oven was in very poor condition and that was not due to reasonable wear and tear. Rather than incur a deep clean cost the landlord choose to replace the oven. This was prudent. The replacement cost was $575.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
12. The amounts ordered are proved.
13. 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 oven at the start of the tenancy and its likely useful lifespan. Given this consideration I award 50% of the replacement cost of the oven.
Filing fee
14. [APPELLANT] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
09 June 2026
__________________________________________________________________________________ 5432968 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, 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/
Reasons:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenant Must Tidy Lawns or Pay $1,000 - Tenancy Tribunal
- Tenancy Tribunal Tenant’s Tenancy Terminated Due to Abandonment and Rent Arrears
- Tenancy Tribunal Claimant wins rent dispute: Tenant ordered to pay $7,856.15
- Tenancy Tribunal Landlord Wins Unpaid Rent Claim Against Absent Tenant
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenant's Tenancy Terminated for Abandonment
- Tenancy Tribunal Tenant's Non-Appearance Leads to Landlord's Possession Order
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fee
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 fails to comply with tenancy obligations such as paying rent arrears, utility charges, and damage costs.
- Landlord provides valid notice and evidence of tenant's non-compliance.
- Court dismisses application if there is no evidence or attendance by the tenant.
- Tenants are liable for cleaning costs and repairs beyond fair wear and tear.
- Tenant's abandonment of premises with outstanding rent leads to termination.
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, water rates, and costs for repairs due to breach of tenancy obligations.
Who was involved?
A landlord and a tenant were involved in the dispute over rental property conditions at lease end.
How did the court decide, and why?
The court decided based on evidence that the tenant breached their exit obligations under the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 40(1)(e) of the Residential Tenancies Act 1786 was applied to determine liability for damages and non-compliance with tenancy exit requirements.
What was the argument that mattered most?
The landlord's evidence showing breach of exit obligations, including poor property condition at vacate, was crucial.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord.
What does this mean for someone in a similar situation?
Tenants must comply with exit requirements to avoid liability for damages and non-payment of rent and utilities.
What evidence or documents mattered?
Invoices, photos, and witness statements from flatmates were key pieces of evidence.
Can a decision like this be appealed?
Yes, decisions can be appealed within 10 working days to the District Court if there is new evidence or procedural issues.
Is it worth getting a lawyer for a case like this?
It's advisable to consult with a qualified lawyer for legal advice and representation in such cases.