Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages caused during the tenancy. The tenant was found responsible for leaving the premises unclean and for stains on the lounge carpet.
⚖️ Legal holding
A tenant is liable for rent arrears and damages caused during the tenancy that exceed 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 reasonably clean and tidy condition when moving out, removing all rubbish.
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 rent arrears and compensate for damages caused during the tenancy. The tenant failed to leave the premises clean and tidy and was responsible for stains on the lounge carpet.
📚 Full judgment Official document
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[2025] NZTT 5104451
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: 156 No 3 Road, Te Puke, RD 3, Te Puke 3183
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $1,918.99 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $2,920.00 (5354867-001) to [COMPANY] As Agent For [NAME] immediately.
Description Landlord Tenant Rent arrears to 27 October 2024 $3,796.86 Water rates $378.38 Cleaning $168.75 Carpet Cleaning $284.00 Repairs: Carpet lounge repair $184.00 Filing fee reimbursement $27.00 Total award $4,838.99 Bond $2,920.00 Total payable by Tenant to Landlord $1,918.99
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Reasons:
1. The Landlord attended the hearing by video. The Tenant did not attend by video or answer the telephone calls made by the Tribunal on the phone numbers provided for the Tenant.
2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
3. The Landlord withdrew their claim for the cat door damage at the hearing.
How much is owed for rent arrears and water rates arrears?
4. The tenancy ended on 27 October 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
5. 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.
6. The tenant did not leave the premises reasonably clean and tidy. The property had some outstanding cleaning to undertake. An outgoing inspection report and cleaning invoice was provided to substantiate the costs.
7. There were stains on the lounge carpet and the landlord submitted the carpet had a foul odour. The Tenant had cats with kittens at the property. An invoice for the carpet cleaning, ingoing and outgoing inspection reports substantiated the stains occurred during the tenancy.
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.
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10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. The following damage was caused during the tenancy: Stains to the lounge carpet. The Landlord found two prominent stains in the lounge which needed to be patched and appeared to be caused by liquids. An invoice was provided to substantiate the costs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
16. The amounts ordered are proved.
17. 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.
18. As [COMPANY] As Agent For [NAME] has wholly succeeded the tenant must reimburse the filing fee.
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A Aiolupotea 29 April 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 landlord proved the amounts owed for rent and water rates with records and invoices.
- The tenant did not leave the property clean and tidy, which was supported by an inspection report and cleaning invoice.
- Stains on the lounge carpet and a foul odour were substantiated by an invoice and inspection reports.
- The damage to the lounge carpet was more than fair wear and tear, and the tenant did not disprove their liability.
- The landlord was reimbursed the filing fee because they fully succeeded in their claim.
❌ Tends to be rejected
- The landlord withdrew their claim for damage to the cat door during the hearing.
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 caused during the tenancy.
What was the dispute about?
The dispute was about unpaid rent and damages to the property, including stains on the carpet.
How did the court decide, and why?
The court decided that the tenant was responsible for the rent arrears and damages because they left the premises unclean and caused stains on the carpet.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(1)(ca), and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for leaving the premises unclean and causing stains on the carpet during 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 premises clean and tidy and do not cause unnecessary damage during the tenancy.
What evidence or documents mattered?
The evidence included rent records, water rates invoices, and invoices for cleaning and repairs.