Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered a tenant to pay the landlord $7,193.37 for rent arrears and damages to the premises. The tenant did not maintain the property in a reasonable state of cleanliness and left without returning keys and security devices.
⚖️ Legal holding
A tenant is liable for rent arrears and damages to the premises 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 a similar condition when moving out, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $7,193.37 for rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $7,193.37 for rent arrears and damages to the premises beyond fair wear and tear. The tenant failed to maintain the premises in a reasonable state of cleanliness and left without returning keys and security devices.
📚 Full judgment Official document
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[2025] NZTT 5050072
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. [NAME] must pay [The landlord/s] $7,193.37 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 1 January 2025 $5,505.71 Repairs: Light $25.00 Oven/stove cleaning $25.00 Repairs: Curtains $50.00 Cleaning: Shed (including rubbish disposal) $115.00 Cleaning: General $125.00 Replace furnishings: Curtain rod ends $119.00 Replace furnishings: Heat pump remote $59.00 Lawns and Garden work $37.50 Lock/key replacement $1,085.91 Replace switch board switches $670.45 Chimney $125.00 Repairs: Walls and doors repair $85.00 Repairs: Black light fitting $38.80 Filing fee reimbursement $27.00 Total award $8,093.37 Bond $900.00 Total payable by Tenant to Landlord $7,193.37
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Reasons:
1. The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 255.
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 1 January 2025. The landlord provided rent records which prove the amount owing of $5.505.71 at the end of the tenancy.
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, 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.
5. The landlord says that tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
6. The landlord submits that:
a. The oven required cleaning at a cost of $25.00.
b. There was significant clean-up of the shed required as well as disposal of rubbish (including appliances with cut cords, an old desk, and drawers) at a cost of $115.00 (including refuse disposal fees).
c. The house required general cleaning at a cost of $125.00.
7. The lawns and exterior also required maintenance, including mowing and weed whacking at a cost of $37.50.
8. Photographs have been provided in support of these claims.
9. The tenant did not return all five keys for the property and removed a padlock and key to the woodshed. The keys included one back ranch slider door that had a key broken in it. The landlord was required to replace the missing woodshed padlock and engage a locksmith to change all the locks at a total cost of $1,085.91.
10. The following chattels were missing at the end of the tenancy: Curtain rod ends, heat pump remote and switch board switches.
11. These were required to be replaced at a cost of $119.00 for the curtain rod ends, $59.00 for the heat pump remote and $670.45 for the switch board switches replacement and installation.
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12. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
Damages claimed
19. The landlord claims that during the tenancy the tenant caused damage to the property resulting in repairs being required. This included:
a. Pulling a light away from a beam and breaking a black light off a fitting requiring repair, replacement, or installation ($25.00 and $38.80).
b. Cutting the curtains at the bottom requiring repair ($50.00).
c. Burning plastics and metal requiring the chimney to be swept and cleaned ($125.00).
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d. Damaging the walls and doors requiring plaster, painting, repainting, door stop plaster, repair to gate locking mechanism and repair to door frame ($85.00).
20. Photographs of the damage have been provided.
21. I am satisfied the following damage was caused during the tenancy: lights, curtains, chimney, walls and doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
22. The amounts ordered are proved.
23. The landlord also claimed for the cost to put the required information together for this claim. Although I accept that the landlord has had to do this, costs are rarely awarded in the Tribunal and this cost is to be absorbed by the landlord.
24. Because [[NAME]] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 16 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.
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].
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/
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, allowing the landlord's claims to be considered without rebuttal.
- The landlord provided proof of rent arrears, including detailed records showing the exact amount due.
- The landlord submitted photographs and detailed descriptions of damages, proving that certain damages exceeded fair wear and tear.
- The tenant did not provide any evidence to disprove the landlord's claims regarding damages and the condition of the premises.
- The landlord successfully argued that the tenant was responsible for the cost of replacing missing keys and security devices.
❌ Tends to be rejected
- The tenant's failure to attend the hearing meant there were no arguments presented to counter the landlord's claims.
- The landlord's request for reimbursement of costs associated with preparing the claim was denied, as such costs are rarely awarded by the tribunal.
- The tenant's non-appearance and lack of response meant no mitigating circumstances or defenses were presented to the tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay the landlord $7,193.37 for rent arrears and damages to the premises.
What was the dispute about?
The dispute was about unpaid rent and damages to the premises beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenant was liable for rent arrears and damages because the tenant did not maintain the premises in a reasonable state of cleanliness and left without returning keys and security devices.
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 argument that mattered most was that the tenant did not maintain the premises in a reasonable state of cleanliness and left without returning keys and security devices.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that the premises are maintained in a reasonable state of cleanliness and that all keys and security devices are returned at the end of the tenancy.
What evidence or documents mattered?
Photographs of the damages and the landlord's records of rent arrears were important evidence.