Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and damages to the landlord, including costs for replacing locks and repairing windows, because the tenant failed to meet their obligations at the end of the tenancy.
⚖️ Legal holding
A tenant is responsible for rent arrears and damages beyond fair wear and tear.
📖 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. When moving out, tenants must leave the premises clean and tidy, and remove all their belongings and rubbish.
This section states that a tenant is responsible for the actions of anyone they allow onto the property, if those actions would have broken the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the property while the tenant is there, it's assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully recovered rent arrears and damages from the respondent.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages to the landlord, including costs for lock replacement and window repairs, due to non-compliance with tenancy obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5131948
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] $1,207.39 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears 10 May – 12 May 2025 $199.29 Lock/key replacement $209.50 Window repairs $171.40 Carpet Cleaning $200.00 Cleaning $400.20 Filing fee reimbursement $27.00 Total award $1,207.39 Total payable by Tenant to Landlord $1,207.39
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time on the two numbers provided to the Tribunal.
2. This application in a continuation of the application which was last heard and adjourned on 20 February 2025. I am satisfied the tenant has been correctly
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notified of today’s hearing, and on that basis I have conducted the hearing in the tenant’s absence.
3. The tenancy was terminated by Order NZTT 5204795 (5 May 2025) on 9 May 2025 and rent arrears up to that date was ordered.
4. The landlord stated that the termination date of 9 May 2025 was not complied with by the tenant who stayed on at the property until 12 May 2025. Rent arrears from 10 May 2025 until 12 May 2025, compensation, and reimbursement of the filing fee are sought.
5. The landlord provided rent information which proves the amount owing at the end of the tenancy is $199.29.
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 landlord stated that at the end of the tenancy the tenant did not return the keys. An invoice for changing the locks and re-keying the property was provided in support of [NAME]’s oral evidence.
8. [NAME] also stated that at the end of the premises the kitchen and walls needed thorough cleaning, and the carpets which had been in very good condition at the beginning of the tenancy were left with food, drink and dog hair in them. Again, invoices were produced in support of the claims.
9. I am satisfied the property was not left reasonably clean and tidy. The claim and amounts are proved.
Is the tenant responsible for the damage to the premises?
10. 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.
11. The landlord states that during the tenancy one window was broken. I am satisfied this exceeds fair wear and tear and the tenant has not disproved carelessness.
12. The landlord provided an invoice for the repair to the window.
13. The claim is proved.
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14. [COMPANY] As Agent For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
C Lamdin
28 May 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 [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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/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 did not return the keys as required at the end of the tenancy.
- The carpets were left dirty with food, drink, and dog hair, indicating poor cleanliness.
- The kitchen and walls needed thorough cleaning, showing the property was not left reasonably clean.
- One window was broken during the tenancy, exceeding fair wear and tear.
❌ Tends to be rejected
- The tenant did not provide any evidence or explanation for the condition of the property.
- No proof was given by the tenant to show compliance with the obligation to leave the premises clean and tidy.
- There was no evidence presented by the tenant to disprove carelessness regarding the broken window.
- The tenant did not attend the hearing, thus failing to present their side of the story.
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 and damages to the landlord.
What was the dispute about?
The landlord claimed rent arrears and damages for non-compliance with tenancy obligations.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not comply with their obligations at the end of the tenancy, leaving the property in poor condition.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The landlord argued that the tenant failed to leave the property reasonably clean and tidy, and caused damage beyond fair wear and tear.
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 comply with their obligations at the end of a tenancy to avoid financial penalties.
What evidence or documents mattered?
Invoices for rent arrears, lock replacement, window repairs, carpet cleaning, and cleaning were presented as evidence.