Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate for damages that exceeded fair wear and tear, according to the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must pay rent arrears and compensate for damages 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 similar condition when moving out. It also requires the tenant to notify the landlord of any damage or needed repairs.
This rule allows the Tenancy Tribunal to proceed with a hearing and make a decision, or dismiss or postpone the matter, even if a party does not show up, as long as they were properly notified of the hearing.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages beyond fair wear and tear, as per the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5163333
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] $3,013.54 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 3/2/25 $1,964.29 Rubbish removal & disposal $362.25 Window repairs $200.00 Cleaning & lawns $460.00 Filing fee reimbursement $27.00 Total award $3,013.54 Total payable by Tenant to Landlord $3,013.54
2. This order supersedes the Tenancy Tribunal Order made on 31 January 2025 under application number 5141448 which is no longer enforceable.
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Reasons:
1. The landlord attended the hearing represented by [NAME].
2. The tenants did not attend the video hearing and did not answer the calls made to their phones during the hearing. They had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in their absence.
3. The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
4. A previous order was made on 31 January 2025 for rent arrears: [2025] NZTT 5141448. As a part of that order the bond was paid to the landlord. This order supersedes that order for enforcement purposes.
How much is owed for rent?
5. The tenancy ended on 3 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
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) RTA.
7. The landlord proved in evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
8. The amounts ordered are proven to the required standard and the landlord advises that the tenants consented to the costs. Text message evidence of this was provided.
Is the tenant responsible for the damage to the premises?
9. The landlord claims compensation for having to replace a glass windowpane that had been broken during the tenancy. Her evidence is that the tenants consented to the repair cost.
10. On the evidence I am satisfied that the damage occurred during the tenancy and was more than fair wear and tear. The tenant is liable for the repair cost.
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11. The landlord has mail the tenant can contact directly from them if they make contact with the landlord.
12. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
K Lash
23 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 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 did not attend the hearing and was notified properly.
- The landlord provided proof of rent arrears through rent records.
- The tenant left the premises unclean and with rubbish unremoved.
- The tenant consented to the repair cost for the broken window.
- The landlord claimed compensation for damage beyond fair wear and tear.
❌ Tends to be rejected
- The tenant's non-compliance with leaving the premises clean and tidy was not contested.
- The tenant's responsibility for the broken window was acknowledged without dispute.
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 compensate for damages beyond fair wear and tear.
What was the dispute about?
The dispute was over unpaid rent and damages to the rental property.
How did the court decide, and why?
The court decided that the tenant must pay the outstanding rent and compensate for damages that went beyond normal wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 92 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for leaving the premises clean and for compensating for damages beyond fair wear and tear.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that they leave the rental property in good condition and pay any outstanding rent to avoid legal action.
What evidence or documents mattered?
Evidence included rent records, text messages, and proof of damages.