Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears, damages, and other costs incurred by the landlord due to the state of the premises at the end of the tenancy. The decision was based on evidence including photos and invoices.
⚖️ Legal holding
A tenant must pay for rent arrears, damages beyond fair wear and tear, and other costs incurred by the landlord.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the premises reasonably clean and tidy, and leaving the property in a similar condition when moving out, with all rubbish removed.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears, damages, and other costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, damages, and other costs incurred by the landlord due to the state of the premises at the end of the tenancy. The decision was based on evidence including photos and invoices.
📚 Full judgment Official document
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[2025] NZTT 5072890
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] - As Agent For [NAME] $6,440.43 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $5,000.00 Filing fee reimbursement $27.00 Cleaning: part $700.00 Rubbish removal: and lawns $569.25 Repairs: Holes in walls and door/repainting as required/replace chattels
$1,131.44
Water rates $1,252.74 Total award $8,680.43 Bond $2,240.00 Total payable by Tenant to Landlord $6,440.43
2. The Bond Centre is to pay the bond of $2,240.00 (3525347-007) to [COMPANY] - As Agent For [NAME] immediately.
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Reasons:
1. The landlord attended. There was no appearance by the tenant.
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 and water rates?
3. The tenancy ended on 24 September 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as ordered.
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 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 landlord provided ingoing and exit photos. These evidenced the need for much of the claims. Invoices established the cost and are accepted as tabled with the exception of the cleaning invoice for $1,408.75. There was no evidence to support any dog odour that would justify the tenant paying for the cost of a carpet clean as the carpet’s visible appearance was good (no dog was allowed per the tenancy agreement and no sign of a dog was seen in any photo). Equally, the need for sanitizing of the toilet and bathroom and full house deep clean were not supported by evidence. I accept areas, especially the kitchen, were missed and required a thorough cleaning.
6. Having reviewed each line item of the cleaning invoice against the evidence I have reduced the tenant liability component to $700.00 – just under 50%.
7. There was considerable rubbish left that was removed by the landlord. The lawns were overgrown. The invoice of $569.25 is considered reasonable and the need for the effort evidenced by a number of photos.
8. The shower curtain and toilet roll holder were missing at the end of the tenancy and replaced. The landlord had to replace six light bulbs.
9. The amounts ordered are proved.
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
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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 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.
12. 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.
13. The following damage was caused during the tenancy:
a. Hole in bedroom door (badly bogged attempt at repair)
b. Drawings on hallway door – repainting required
c. Side of bath wall broken
d. Wall damage in the hall and garage
14. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Invoices support the cost of repair being $1,131.44 and photo evidence the need.
15. The amounts ordered are proved.
Filing fee
16. [COMPANY] - As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
M Brennan
14 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 tenant must pay for rent arrears as proven by the landlord's rent records.
- The tenant must pay for water rates as proven by the landlord's invoices.
- The tenant must pay for cleaning costs due to the kitchen and other areas being left unclean.
- The tenant must pay for repairs to damages that exceeded fair wear and tear, such as holes in walls and doors needing repainting.
❌ Tends to be rejected
- The tenant does not have to pay for a full carpet clean as there was no evidence of dog odor justifying the cost.
- The tenant does not have to pay for sanitizing the toilet and bathroom as there was no supporting evidence for these claims.
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 rent arrears, damages, and other costs incurred by the landlord.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and to leave the premises in a reasonable state at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears, damages, and other costs because the tenant did not fulfill their obligations at the end of the tenancy.
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 the evidence showing the state of the premises at the end of the tenancy and the tenant's failure to meet their obligations.
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 they leave the premises in a reasonable state and pay any outstanding rent arrears.
What evidence or documents mattered?
Photos and invoices showing the state of the premises and the costs incurred by the landlord mattered.