Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay rent arrears and compensate for damages caused by a pet dog. The tenant was ordered to pay $2,115.65 from the bond to cover rent, water costs, cleaning, and repairs.
⚖️ Legal holding
A tenant is required to pay rent arrears and compensate for damages beyond fair wear and tear.
📖 What the law says
This section outlines what a tenant is responsible for, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in a similar condition when moving out. In this case, the tenant was found liable for rent arrears, cleaning, and repairs, which relate to these responsibilities.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal awarded the landlord $2,115.65 from the bond for various claims including rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $2,115.65 from the bond for rent arrears, water costs, cleaning, and repairs due to pet damage. The Tribunal found the tenant liable for these costs under the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5158013 1
[2025] NZTT 5158013
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], Hatuma, RD 1, Waipukurau 4281
ORDER
1. [NAME] to pay [COMPANY] As Agent For [NAME] $2,115.65 from the bond, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $2,520.00 (6533314-011) immediately apportioned as follows:
[COMPANY] As Agent For [NAME]:
$2,115.65
[NAME]: $404.35
Description Landlord Tenant Rent arrears to 14 November 2024 $1,260.00 Water rates $242.65 Cleaning $136.00 Repairs $450.00 Filing fee reimbursement $27.00 Total award $2,115.65 Bond $2,115.65 $404.35
__________________________________________________________________________________ 5158013 2
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer any of the calls made at the scheduled time to the number provided to the Tribunal.
2. The landlord’s application to the Tribunal was made outside of the two months required for the usual service requirements to apply. See Residential Tenancies Act, 1986 section 91A.
3. The tenant has been served by email which is an address for service on her tenancy agreement.
4. The landlord provided information which satisfies me that the tenant is still a tenant of the landlord’s but at another address, and that the tenant’s email is still current and in use by the tenant.
5. On that basis, I am satisfied the tenant has received notice of the hearing. Because the tenant has not requested an adjournment I am prepared to conduct the hearing in the tenant’s absence.
6. 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 and water costs?
7. The tenancy ended on 14 November 2024. The landlord provided rent records and water costs invoices which prove the amount owing at the end of the tenancy was $1,260.00 for rent arrears and $242.50 to refill the water tanks which had been full at the beginning of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
8. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
9. The landlord claims that at the end of the tenancy a room which the tenant had used to keep a pet dog in needed repeated thorough cleaning of the floor to remove the smell of dog urine. The landlord provided photographs and an invoice in support of this claim.
10. The claim is proved.
Is the tenant responsible for the damage to the premises?
11. 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
__________________________________________________________________________________ 5158013 3
tenant must prove they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B RTA.
12. Tenants are liable for the cost of repairing damage that is intentional. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
13. 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.
14. The landlord claims that during the tenancy the tenant’s pet dog chewed at a door frame causing significant damage. Following the end of the tenancy this needed replacing. The landlord provided photographs and an invoice in support of the claim.
15. I am satisfied the damage is more than fair wear and tear. Because it appears that the damage was caused over a somewhat extended timeframe, and the tenant did not take sufficient measures to prevent the damage continuing, I determine the damage is intentional.
16. The landlord should be returned to the position they were in prior to the damage occurring. I have considered whether there is any betterment for the landlord in the repairs. I consider that doorframes should reasonably last for the life-span of the premises. In replacing the doorframes there is no betterment for the landlord.
17. The claim and amount sought are proved.
18. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
C Lamdin
21 May 2025
__________________________________________________________________________________ 5158013 4
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/
__________________________________________________________________________________ 5158013 5
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 owes $1,260.00 for rent arrears as proven by the landlord's rent records.
- The tenant is responsible for $242.65 in water rates to refill the water tanks used during the tenancy.
- The tenant must pay $450.00 for repairs due to damage caused by their pet dog, which exceeded fair wear and tear.
- The tenant is liable for $136.00 in cleaning costs to remove pet-related messes, as supported by the landlord's evidence.
- The landlord is entitled to a filing fee reimbursement of $27.00 since the tenant's application was successful.
❌ Tends to be rejected
- The tenant's failure to attend the hearing or request an adjournment was not addressed as a defense.
- The tenant's unspecified arguments regarding compliance with obligations at the end of the tenancy were not presented or considered.
- The tenant's unspecified defenses regarding the extent of damage and responsibility for repairs were not raised or discussed.
- The tenant's lack of evidence to refute the landlord's claims about the extent and nature of the damage caused by the pet was not addressed.
- The tenant's absence and failure to provide counter-evidence allowed the landlord's claims to be accepted without challenge.
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 $2,115.65 from the bond to the landlord for rent arrears, water costs, cleaning, and repairs due to pet damage.
What was the dispute about?
The dispute was about the tenant's responsibility for rent arrears and damages caused by a pet dog during the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay for the damages because the landlord proved that the damage was more than fair wear and tear and was caused by the tenant's pet dog.
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 that the landlord provided proof that the damage was caused by the tenant's pet dog and was more than 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 any damage caused by pets during the tenancy is properly addressed to avoid financial penalties.
What evidence or documents mattered?
Photographs and invoices provided by the landlord were crucial in proving the extent of the damage caused by the pet dog.