Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $736.91 to the landlord, including rent arrears and damages for leaving the property unclean. The tenant accepted liability for the damage to living room and kitchen walls, among others.
⚖️ Legal holding
A tenant is liable for rent arrears and damages to the property beyond fair wear and tear.
📖 What the law says
This section outlines what a tenant must do, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in that condition when moving out. In this case, the tenant was found liable for not paying rent and for leaving the property in an unclean state.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages for property left in an unclean state.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $736.91 to the landlord, including rent arrears and damages for property left in an unclean state. The tenant accepted liability for the damage to living room and kitchen walls, among others.
📚 Full judgment Official document
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[2025] NZTT 5164954
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $736.91 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $1,840.00 (3273420-006) to [COMPANY] immediately.
3. [COMPANY] claim for repair or replacement for shower dome and range hood were withdrawn at the hearing.
4. [COMPANY] claim for removal of tenant property was withdrawn at the hearing.
Description Landlord Tenant Rent arrears by consent $671.43 Carpet Cleaning: by consent $220.00 Replace furnishings: curtains and rails by consent $158.48 Repairs: wall damage $1,500.00 Filing fee reimbursement $27.00 Total award $2,576.91 Bond $1,840.00 Total payable by Tenant to Landlord $736.91
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Reasons:
1. Both parties attended the hearing.
2. [NAME] attended for the landlord.
3. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
4. The tenancy ended on 10 January 2025 and the tenant accepted the landlord’s claim for $671.43 for rent arrears at the hearing.
5. The amount is ordered by consent.
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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
7. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
8. The tenant accepted the landlord’s claim for $220.00 for carpet cleaning at the hearing.
9. The tenant accepted the landlord claim for replacement curtains and curtain rails, being $158.48.
10. These amounts are ordered by consent.
11. The landlord’s claim for disposal of tenant’s property was withdrawn at the hearing.
Is the tenant responsible for the damage to the premises?
12. 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.
13. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section
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49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
14. 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.
15. The following damage was caused during the tenancy:
a. Living room walls
b. Kitchen walls
c. Bedroom walls
d. Bedroom door
e. Toilet door
f. Garage floor
16. The tenant accepted liability for the damage to living room and certain kitchen walls. This was the most extensive damage included in this claim.
17. She also accepted responsibility for general wall damage in one (small) bedroom, damage to one wall in the master bedroom and damage to the toilet door and a bedroom door.
18. The landlord provided and email, photographs and an invoice to support its claims for repairs and painting to all walls ($2,300.00).
19. The photographs clearly show partly repaired damage to walls in the kitchen, living room and bedrooms. The tenant acknowledged that she had not been able to arrange painting to these areas prior to the tenancy ending.
20. In relation to one bedroom, the tenant provided a video that showed the relevant wall to be bowed. The tenant thought that this wall would have required repair anyway and she should therefore not be liable for the cost of repairing the damage, although she accepted it occurred during her tenancy.
21. The landlord confirmed that no repair had been made to this wall except repairs to the damage caused by the tenant.
22. The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
23. The amounts ordered are proved.
24. The landlord also claimed costs for repairs to the hallway and a bathroom wall.
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25. On the evidence provided, I cannot find that this damage was more than fair wear and tear. The bathroom damage is difficult to see, and the hall damage appears minor.
26. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
27. The property was freshly painted at the beginning of the tenancy and was generally in good repair. This is clear from the ingoing photographs.
28. The tenancy was over three and a half years in duration, so some depreciation of paintwork is to be expected in a rental property over that time period.
29. I have reduced the landlord’s painting claim by $800.00 to take into account both depreciation and a deduction for the hallway and bathroom which I do not consider proven.
30. The amount ordered, being $1,500 is proved.
31. As [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
22 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
- Tenant accepted responsibility for rent arrears of $671.43.
- Tenant accepted the need for carpet cleaning costing $220.00.
- Tenant accepted the cost of replacing curtains and curtain rails at $158.48.
- Tenant accepted liability for significant wall damage in the living room and kitchen.
- Tenant accepted partial responsibility for damage to bedroom walls, doors, and toilet door.
❌ Tends to be rejected
- Tenant argued that damage to a bowed bedroom wall was pre-existing and thus not their responsibility.
- Tenant disputed the full extent of the $2,300.00 claim for wall repairs, leading to a reduction to $1,500.00.
- Tenant did not dispute the overall responsibility for the damage but contested the specifics of the costs.
- Tenant did not contest the filing fee reimbursement despite accepting the majority of the claims against them.
- Tenant did not challenge the withdrawal of claims related to the removal of their property.
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 $736.91 to the landlord, including rent arrears and damages for leaving the property unclean.
What was the dispute about?
The dispute was about rent arrears and damages to the property left in an unclean state by the tenant.
How did the court decide, and why?
The court decided that the tenant was liable for rent arrears and damages to the property beyond fair wear and tear, as supported by the evidence presented.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B(1) were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's acceptance of liability for the damage to living room and kitchen walls, among others.
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 the property is left in a reasonable state of cleanliness and that any damages are either repaired or compensated for.
What evidence or documents mattered?
Photographs, an email, and an invoice supporting the claims for repairs and painting to all walls were significant pieces of evidence.