Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, cleaning costs, and damages to the premises. The tenant did not attend the hearing, and the Tribunal found them liable for these costs.
⚖️ Legal holding
A tenant is liable for rent arrears, water rates, cleaning costs, and damages to the premises beyond fair wear and tear.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the premises reasonably clean and tidy, and leaving the premises in a reasonably clean condition when moving out.
This section states that a tenant is responsible for actions or omissions by anyone they allow onto the property if those actions would have been a breach of the tenancy agreement had the tenant done them.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears, water rates, cleaning costs, and damages to the premises.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, cleaning costs, and damages to the premises. The tenant failed to comply with their obligations and caused damage to the premises.
📚 Full judgment Official document
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[2025] NZTT 5125309
TENANCY TRIBUNAL AT NORTH SHORE | TE TARAIPIUNARA RETIHANGA KI ŌKAHUKURA
APPLICANT: [redacted]
Landlords
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] as agent for [NAME] $1,185.95 immediately, calculated as shown in table below.
2. The Tribunal directs the Bond Centre to pay $1,042.50 of the bond (6262330-011) to [COMPANY] as agent for [NAME] immediately. The Bond Centre it to retain the balance of the bond of $1,042.50 until further direction of the Tribunal.
Description Landlord Tenant Rent arrears to 22 November 2025 $1,238.21 Water rates $45.74 Cleaning $287.50 Repairs to skirting board $230.00 Refund on landlords’ money paid for fridge $400.00 Filing fee reimbursement $27.00 Total award $2,228.45 Bond $1,042.50 Total amount tenant must pay the landlords $1,185.95
Reasons:
1. [NAME] of Barfoot & Thompson appeared for the landlords who also attended court today.
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2. The tenant did not attend. The hearing proceeded in the tenant’s absence.
3. The tenancy has ended. The landlords apply for orders for unpaid rent and water bills, compensation for damage to a skirting board, refund of money paid to the tenant for a fridge they never delivered, reimbursement of the filing fee, and payment over of the bond.
How much does the tenant owe for rent and water rates?
4. The tenancy ended on 22 November 2024. [NAME] provided rent records and water rates invoices which prove the amounts the tenant owes the landlords for unpaid rent and water.
Did the tenant comply with their cleaning obligations at the end of the tenancy?
5. When their tenancy ends, the tenant must vacate the premises and leave them reasonably clean and tidy.1
6. The tenant did not leave the premises reasonably clean and tidy when her moved out.
7. The landlords paid a contractor $287.50 to clean the premises to a reasonable standard.
8. The tenant must reimburse the landlords for the cost of cleaning.
Is the tenant responsible for the damage to the premises?
9. Tenants are liable for damage that is more than fair wear and tear if they caused the damage intentionally or carelessly or permitted the damage to occur.2
10. The tenant removed a small section of skirting board to try to squeeze their too-big fridge into the kitchen fridge recess. The tenant did not repair the damage.
11. The landlords had to pay a tradesperson $230.00 to repair the skirting board.
12. The tenant must reimburse the landlords for their loss.
Filing fee
13. The tenant must reimburse the landlords for the cost of the filing fee.3
Fridge monies
14. The landlords paid the tenant $400.00 for one of their oversized fridges. However, the tenant breached the contract by failing to deliver the fridge to the landlord.
15. The Tribunal orders the tenant to reimburse the landlords their $400.00.
1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(iii). 2 RTA, s 40(2)(a), 41, 49B. 3 RTA, s 102(4)(a).
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Joint and several liability, and the co-tenant
16. This order reflects [NAME]’s joint and several liability for the tenancy. The landlords also claim against [NAME]’s former co-tenant. It is possible when determining that case, the Tribunal will also find the co-tenant jointly liable for about $1,444.56 of the amount ordered against [NAME]. If so, that will not change [NAME]’s liability under this order.
17. However, for fairness and tidiness, I have allocated 50 per cent of the bond to [NAME] and 50 percent to the co-tenant.
18. [NAME]’s share of the bond is $1,042.50.
Bond
19. The Bond Centre is to release [NAME]’s half-share of the bond is to the landlords in part-payment of what he owes the landlords under this order.
[NAME]
10 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 [NAME]/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 [NAME]/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga 0800 836 262 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.[NAME]/disputes/enforcing-decisions http://www.[NAME]/disputes/enforcing-decisions/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant owes $1,238.21 for unpaid rent.
- The tenant owes $45.74 for water rates.
- The tenant must pay $287.50 for cleaning costs.
- The tenant must pay $230.00 to repair the damaged skirting board.
- The tenant must reimburse the landlords $27.00 for the filing fee.
❌ Tends to be rejected
- The tenant did not provide proof of delivering the fridge, so the $400.00 paid for the fridge was not refunded.
- The tenant did not attend the hearing, so arguments in favor of the tenant were not presented.
- The tenant did not show compliance with cleaning obligations, leading to a fine for professional cleaning costs.
- The tenant did not repair the damage to the skirting board, resulting in a fine for the repair costs.
- The tenant did not contest the charges related to the bond distribution, accepting the tribunal's decision on bond allocation.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, cleaning costs, and damages to the premises.
What was the dispute about?
The dispute was about unpaid rent, water rates, cleaning costs, and damages to the premises.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears, water rates, cleaning costs, and damages to the premises because the tenant failed to comply with their obligations and caused damage to the premises.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(iii), 40(2)(a), 41, 49B, and 102(4)(a) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was liable for rent arrears, water rates, cleaning costs, and damages to the premises beyond fair wear and tear.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means they could be held liable for rent arrears, water rates, cleaning costs, and damages to the premises if they fail to comply with their obligations.
What evidence or documents mattered?
The evidence included rent records, water rates invoices, and invoices for cleaning and repairs.