Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord for unpaid rent and damages caused during the tenancy. The tenant did not leave the property in a clean and tidy condition as required by law, and the landlord incurred additional costs for cleaning and repairs.
⚖️ Legal holding
A tenant is responsible for rent arrears and damages caused during the tenancy if they breach the agreement.
📖 Technical summary
The claimant successfully recovered rent arrears and damages from the respondent for breach of tenancy agreement.
📜 Headnote Official document
The claimant, as landlord, successfully recovered rent arrears and damages from the respondent, the tenant, for breach of tenancy agreement and property damage caused during the tenancy period.
📚 Full judgment Official document
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[2026] NZTT 5441429
TENANCY TRIBUNAL AT TAURANGA | TE TARAIPIUNARA RETIHANGA KI TAURANGA MOANA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME_3] must pay [COMPANY_1] As Agent For [NAME_2] $8,014.60 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 11/12/2025 $2,880.00 Lock/key replacement $244.95 Bailiff fee to enforce eviction $267.00 Carpet Cleaning and stain removal $698.28 Cleaning $900.00 Rubbish removal and lawns and gardens $1,107.00 Paint repairs $750.00 Replace furnishings: bathroom vanity $1,139.37 Filing fee reimbursement $28.00 Total award $8,014.60 Total payable by Tenant to Landlord $8,014.60
Reasons:
1. Only the applicant landlord attended the hearing.
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.
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How much is owed for rent and water rates?
3. The tenancy ended on 11/12/2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
4. The tenant did not leave the premises at the end of the tenancy (when she failed to pay rent and arrears as she had promised to do and breached a conditional termination order [ID] made on 18/11/2025).
5. The cost of having a bailiff attend to enforce the possession order is awarded as is the cost of changing the locks and keys
6. The water metre was not read at the end of the tenancy so water charges cannot be awarded. The tenant had paid the previous water rates she owed in full.
Did the tenant comply with their obligations at the end of the tenancy?
7. 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.
8. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The cleaning cost claimed is reduced by a small margin to reflect that a tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to the standard that a landlord might consider acceptable for a new tenant.
9. While the property was clearly not left to either the standard expected by the landlord or that required by the Act, I am not satisfied that the tenant is responsible for the full cost claimed, noting that it includes such items as cleaning all windows and tracks and all skirting boards and surfaces.
10. The adjustment is considered reasonable based on the photographs and evidence provided.
11. The claim for $630 for treating the shower doors to remove soap and residue is dismissed both as it was not incurred and because it would restore the shower doors to a significantly better standard than “reasonable”.
12. The carpets were extensively stained and the lawns and gardens overgrown.
13. As noted above the tenant did not return the keys.
14. The bathroom vanity provided in a good condition at the beginning of the tenancy was damaged by burn marks and needed to be replaced. As that
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damage is caused by the tenant’s carelessness or negligence, the replacement cost including plumbing and carpentry work is awarded.
15. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
16. 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.
17. 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.
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: several walls and surfaces throughout the property were damaged. Some areas the tenant had plastered but not repainted. Most of the damage photographed can fairly be categorised as more than fair wear and tear and attributable to at least carelessness, however some of the very minor marks can only be attributed to fair wear and tear so a small deduction is accordingly made.
21. The amounts ordered are proved.
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22. The landlord’s application is substantially successful, so the tenant is to pay the filing fee.
J Maher
12 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 landlord provided rent records which prove the amount owing at the end of the tenancy.
- The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
- The bathroom vanity provided in a good condition at the beginning of the tenancy was damaged by burn marks and needed to be replaced.
- The carpets were extensively stained and the lawns and gardens overgrown.
- The landlord’s application is substantially successful, so the tenant is to pay the filing fee.
❌ Tends to be rejected
- The claim for $630 for treating the shower doors to remove soap and residue is dismissed both as it was not incurred and because it would restore the shower doors to a significantly better standard than 'reasonable'.
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 the landlord $8,014.60 for rent arrears and damages.
What was the dispute about?
The landlord claimed rent arrears and damages for property damage and cleaning costs due to the tenant's breach of the tenancy agreement.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not leave the property in a clean and tidy condition and caused damage during the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40 and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant breached the tenancy agreement and caused damage to the property.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they leave the property in a clean and tidy condition and do not cause damage during the tenancy to avoid similar costs.
What evidence or documents mattered?
The evidence that mattered included rent records, photographs of the property, and invoices for cleaning and repairs.