Tenant ordered to pay rent arrears and damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears, cleaning costs, and damages beyond fair wear and tear, such as lawn mowing and repairs to the ceiling and ranch slider.
⚖️ Legal holding
A tenant is responsible for paying rent arrears and damages beyond fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires tenants to keep the rental property reasonably clean and tidy, and to notify the landlord promptly about any damage or needed repairs. When moving out, tenants must leave the premises reasonably clean and tidy, remove all their belongings and rubbish, and return the keys.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenant was ordered to pay various costs including rent arrears, cleaning, and repairs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, cleaning costs, and damages beyond fair wear and tear, including lawn mowing and repairs to the ceiling and ranch slider.
📚 Full judgment Official document
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[2026] NZTT 5414750
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 Jonathan [COMPANY] $10,141.74 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears as at 2 October 2025 $1,884.97 Cleaning $750.00 Rubbish removal $1,840.00 Lawn mowing $100.00 Lock/key replacement and securing door $1,054.42 Repair burnt ceiling $1,000.00 Ranch slider repair $1,142.85 Repair holes in walls and replace 3 doors $2,341.50 Filing fee reimbursement $28.00 Total award $10,141.74 Total payable by Tenant to Landlord $10,141.74
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Reasons:
1. This application was scheduled to be heard by video conference. The tenant did not connect to the Teams link or ring in to the hearing as directed in the Notice of Hearing sent to him. Both calls I made to the number provided for him went to voicemail. The hearing proceeded in his absence.
2. This Order ought to be read together with the Order dated 8 April 2026.
3. In that Order I made findings as to the cost of cleaning, rubbish removal, lock replacement costs and the cost of securing the door. Those findings are reflected in the Order above.
4. The following are further findings made today.
How much is owed for rent?
5. The tenancy ended on 2 October 2025. That is the date of the termination notice provided to the tenant and which was effective immediately.
6. I am therefore ordering the tenant to pay rent to this date.
7. The bond of $2,100.00 has been paid to the landlord since the last hearing, leaving $1,884.97 owing in rent.
8. The rent record proves this amount.
Did the tenant comply with their obligations at the end of the tenancy?
9. 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.
10. Further to my findings outlined in paragraph 3 above, I accept that the lawns were not left in a reasonable state at the end of the tenancy – that is, as at 2 October 2025.
11. The landlord claims the invoiced cost of $517.50 for mowing the lawns.
12. However, the lawns were not mowed until early December 2025 – 3 months on from the end of the tenancy.
13. The tenant ought only to have to pay what it would have cost to mow the lawns at the end of his tenancy, not the cost of mowing the lawns 3 months later.
14. I have estimated the cost of mowing the lawns at the end of the tenancy as being $100.00. The tenant is required to pay this amount.
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Is the tenant responsible for the damage to the premises?
15. 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.
16. 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 applicable 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.
17. 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.
18. 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.
19. 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.
20. The following damage was caused during the tenancy:
(a) The ceiling was burnt; and
(b) The ranch slider was broken
21. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
22. The amounts ordered are proved with an invoice.
23. I note that I have reduced the claimed cost of repairing the ceiling ($1,035.00) to $1,000.00 because at today’s hearing I was advised that the landlord elected not to claim on their insurance, the excess being $1,000.00. Tenants are required only to pay the applicable excess.
24. I also note have taken into account betterment and depreciation with regard to the replacement doors. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should
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not be better or worse off – that is, I have taken into account that the landlord now has new doors, replacing the old doors.
Filing fee reimbursement
25. I am ordering the tenant to reimburse the filing fee to the landlord because the landlord was substantially successful with this claim against him.
[NAME]
18 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant was ordered to pay rent up to the tenancy end date of October 2, 2025.
- The bond paid by the tenant was credited against the rent arrears, reducing the total owed.
- The tenant was liable for the cost of mowing the lawns because they were not left in a reasonable state.
- The tenant was responsible for damage to the ceiling and ranch slider as it was more than fair wear and tear.
- The landlord was reimbursed the filing fee because they were largely successful in their claim.
❌ Tends to be rejected
- The claimed cost for repairing the burnt ceiling was reduced to the insurance excess amount.
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, cleaning costs, and damages beyond fair wear and tear.
What was the dispute about?
The dispute was about unpaid rent, cleaning costs, and damages to the property, including a burnt ceiling and a broken ranch slider.
How did the court decide, and why?
The court decided that the tenant must pay these costs because the damages were beyond fair wear and tear and the tenant failed to comply with their obligations at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B(1) were applied.
What was the argument that mattered most?
The argument that mattered most was that the damages were beyond fair wear and tear and the tenant failed to comply with their obligations at the end of the tenancy.
Was the decision for or against the person who brought the case?
The decision was against the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they leave the premises in a reasonable state and are prepared to pay for damages beyond fair wear and tear.
What evidence or documents mattered?
The evidence included invoices for cleaning, lawn mowing, and repairs, as well as the condition of the premises at the end of the tenancy.