Tenant ordered to pay rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages beyond fair wear and tear. The tenant left the premises unclean and did not return keys.
⚖️ Legal holding
A tenant must pay rent arrears and compensate for damages beyond fair wear and tear.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving the premises clean and tidy with all rubbish removed when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages beyond fair wear and tear. The tenant failed to leave the premises clean and tidy, and did not remove all rubbish or return keys.
📚 Full judgment Official document
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[2025] NZTT 5128169
TENANCY TRIBUNAL AT HAMILTON | TE TARAIPIUNARA RETIHANGA KI KIRIKIRIROA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agents For [NAME] $3,994.86 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 7/1/2025 $1,921.43 Lock/key replacement $183.03 Lawns and Garden work $322.00 Carpet Cleaning $172.50 Cleaning and rubbish removal $710.00 Repairs to walls and doors $1,340.90 Filing fee reimbursement $27.00 Total award $4,676.86 Bond (after deduction of repair cost/compensation for damage that occurred during the tenancy).
$682.00
Total payable by Tenant to Landlord $3,994.86
Reasons:
1. Only the applicant landlord attended the hearing.
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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 7/1/2025. 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?
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. 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.
5. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The carpets were stained.
6. The lawns and gardens were overgrown.
7. The tenant did not return the keys.
8. The amounts ordered are proved.
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. 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.
11. 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.
12. 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
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person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
13. The following damage was caused during the tenancy: several walls and doors and the kitchen cabinetry and benchtop were damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage that occurred during the tenancy is deducted from the bond amount refunded.
14. The amounts ordered are proved.
15. I have not taken into account betterment and depreciation. The amount awarded is for actual repair costs only.
16. [COMPANY] As Agents For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
J Maher
14 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 owes $1,921.43 for rent arrears as proven by the landlord's rent records.
- The tenant must compensate for damages such as stained carpets, overgrown lawns and gardens, and damage to walls, doors, and kitchen cabinetry.
- The landlord's insurance did not cover the damage, making the tenant fully liable for the repair costs.
❌ Tends to be rejected
- The tenant's failure to leave the premises reasonably clean and tidy was not addressed as a separate argument.
- The tenant's obligation to replace worn-out smoke alarm batteries and standard light bulbs was not contested but not directly argued in the decision.
- The tenant's responsibility for returning keys was not specifically argued but was part of the overall judgment.
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 compensate for damages beyond fair wear and tear.
What was the dispute about?
The dispute was about the tenant leaving the premises unclean and failing to return keys.
How did the court decide, and why?
The court decided that the tenant must pay rent arrears and compensate for damages because the premises were left unclean and the tenant did not return keys.
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 leave the premises reasonably clean and tidy and did not remove all rubbish or return keys.
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 premises are left clean and tidy and that all keys are returned to avoid similar penalties.
What evidence or documents mattered?
The evidence included rent records and proof of damages beyond fair wear and tear.