Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages to the landlord. The tenant did not attend the hearing and left the premises unclean and damaged, leading to the order.
⚖️ Legal holding
A tenant must pay rent arrears and compensate for damages beyond fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent on time, keep the property reasonably clean and tidy, and leave it in that condition when moving out, removing all their belongings and rubbish.
This section makes a tenant 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 damages the property intentionally or carelessly 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 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 damages to the landlord. The tenant failed to comply with their obligations at the end of the tenancy, leaving the premises unclean and causing damage to the property.
📚 Full judgment Official document
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[2025] NZTT 5165491
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $8,059.42 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 3/1/25 $4,822.58 Rubbish removal: interior & exterior $2,182.93 Repairs: approx. 6 holes in walls and doors $487.10 Glass repairs: kitchen door $228.39 Pest control contribution $159.00 Skip bin 2021 contribution $179.42 Total award $8,059.42 Total payable by Tenant to Landlord $8,059.42
Reasons:
1. The landlord attended the hearing represented by [NAME].
2. The tenant did not attend and did not answer the calls made to her phone during the hearing. The first call was answered and then disconnected when the voice over noted it was being recorded. The second call ran out.
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3. [NAME] 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 her absence.
4. The landlord has applied for rent arrears and compensation following the end of the tenancy.
How much is owed for rent?
5. The tenancy ended on 3 January 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. No cleaning had been undertaken and there was a considerable number of belongings and rubbish left. The landlord had attempted to make arrangements with [NAME] to collect her belongings, but she did not.
8. The amounts ordered are proven and considered reasonable in the circumstances.
Is the tenant responsible for the damage to the premises?
9. 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.
10. The following damage was established in evidence to have been caused during the tenancy and to be more than fair wear and tear:
a. Glass kitchen door smashed.
b. Numerous holes in doors and walls throughout the tenancy.
11. The amounts ordered are proven and considered to be carelessly or intentionally caused. Accordingly, the tenant is liable for the repairs. In awarding the amounts claimed I have taken into account betterment and depreciation.
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What other orders should be made?
12. The landlord established in evidence that during the tenancy they paid for a skip bin for the tenant. She had been making contributions to the cost but had not paid it all. Accordingly, the outstanding amount is included in this order.
13. The landlord also established that they had paid for pest control during the tenancy on behalf of the tenant. A cost she had agreed to pay but had not at the end of the tenancy. The amount claimed is a discounted amount.
14. I consider the amounts ordered are proven and just in the circumstances.
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 did not respond to calls.
- The landlord provided proof of rent arrears through rent records.
- The landlord showed that the tenant left the premises unclean and untidy.
- The landlord demonstrated that damage to the premises exceeded fair wear and tear.
- The tenant did not provide any evidence to refute the claims of damage.
❌ Tends to be rejected
- The tenant's non-compliance with leaving the premises clean and tidy was not contested.
- The tenant's failure to pay for pest control and the skip bin was not disputed.
- The tenant's responsibility for the damages was not challenged.
- The tenant's absence and lack of response did not affect the decision.
- The tenant's agreement to pay for pest control and the skip bin was acknowledged but unpaid.
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 dispute was about unpaid rent and damages to the rental property.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears and damages because the tenant did not comply with their obligations at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40, 41, and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not leave the premises reasonably clean and tidy and caused damage to the property.
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 they comply with their obligations at the end of the tenancy to avoid similar penalties.
What evidence or documents mattered?
The evidence included rent records, proof of damages, and attempts to communicate with the tenant.