Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $767.86 for unpaid rent and compensate the landlord for damages such as a dirty bathroom and a missing security system.
⚖️ Legal holding
A tenant is required to pay rent arrears and compensate for damages beyond fair wear and tear.
📖 What the law says
This rule 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. It also requires the tenant to notify the landlord of any damage or needed repairs.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and compensate for damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $767.86 in rent arrears and compensate for damages including cleaning ($92.00) and a missing security system ($300.00).
📚 Full judgment Official document
__________________________________________________________________________________ 5178192 1
[2025] NZTT 5178192
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] to pay [COMPANY] As Agent For [NAME] $1,462.35 from the bond, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $4,300.00 (6405392-006) immediately apportioned as follows:
[COMPANY] As Agent For [NAME]: $1,462.35
[NAME]: $2,837.65
Description Landlord Tenant Rent arrears $767.86 Repairs $275.49 Cleaning $92.00 Security system $300.00 Filing fee reimbursement $27.00 Total award $1,462.35 Bond $1,462.35 $2,837.65
__________________________________________________________________________________ 5178192 2
Reasons:
1. Both parties attended the video hearing.
2. 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?
3. The tenancy ended on 30 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $767.86. The tenant agreed that this was correct.
Did the tenant comply with their obligations at the end of the tenancy?
4. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
5. The tenant did not leave the upstairs bathroom reasonably clean and tidy. The landlord provided photos and an invoice for $92.00 in support of the claim. The tenant did not dispute the amount claimed.
6. Parts of a “Eufy” security system were missing at the end of the tenancy. The system included a central control box and 5 outdoor cameras. The landlord said that inspection photos from multiple inspections during the course of the tenancy showed that the control box and all cameras were present. At the end of the tenancy, the control box and a camera was missing. The landlord said that the system was two years old.
7. The tenant said that they had never seen the control box, nor any of the security cameras. The tenant suggested that the items may have been removed by a contractor or on occasions when the owner had entered the premises without prior consent and left the premises in an unsecured state. In this matter I prefer the evidence of the landlord as being more credible.
8. The landlord’s claim is for the replacement cost of $528.99. I have taken depreciation into account in setting the compensation amount at $300.00. 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.
__________________________________________________________________________________ 5178192 3
9. The amounts ordered are proven.
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. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
12. Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) 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 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. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
16. The drain to a free standing bath was damaged during the tenancy. The landlord provided evidence from a plumbing contractor. The plumbing contractor said that in his opinion the damage had been caused by somebody sitting on the edge of the free standing bath causing it to tip and for the waste pipe to be disconnected as a result. The tenant said that the bath had not been used during the course of the tenancy while she had been present. The repair cost was $275.49. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
17. The amount ordered is proven.
__________________________________________________________________________________ 5178192 4
18. As [COMPANY] As Agent For [NAME] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
[NAME]
21 May 2025
__________________________________________________________________________________ 5178192 5
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/
__________________________________________________________________________________ 5178192 6
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 agreed to the amount of rent arrears ($767.86).
- The landlord provided proof of damages to the upstairs bathroom and the missing security system parts.
- The tenant did not provide sufficient evidence to refute the landlord's claims regarding the missing security system and bathroom cleanliness.
- The damage to the plumbing was deemed more than fair wear and tear and was not disputed by the tenant.
❌ Tends to be rejected
- The tenant's suggestion that contractors or unauthorized entry by the owner could be responsible for the missing security system was not considered credible by the court.
- The tenant's claim that the bath had not been used during the tenancy was not sufficient to disprove the damage.
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 $767.86 in rent arrears and compensate for damages including cleaning and a missing security system.
What was the dispute about?
The dispute was about unpaid rent and damages to the property at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and compensate for damages because the tenant did not leave the premises clean and a security system was missing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 49B were applied.
What was the argument that mattered most?
The most important argument was that the tenant was responsible for leaving the premises clean and ensuring that all provided items were intact at the end of the tenancy.
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 similar penalties.
What evidence or documents mattered?
Photos and invoices for cleaning and the missing security system were presented as evidence.