Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages to the property that exceeded fair wear and tear. The tenant was found to have left the premises unclean and damaged the property.
⚖️ Legal holding
A tenant is liable for rent arrears and compensation for damages beyond fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires the tenant to keep the property reasonably clean and tidy.
This section also specifies that when a tenancy ends, the tenant must leave the property in a reasonably clean and tidy condition and remove all their belongings and 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 exceeding fair wear and tear.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages to the property that exceeded fair wear and tear. The tenant was found to have left the premises unclean and damaged the property.
📚 Full judgment Official document
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[2025] NZTT 5142208
TENANCY TRIBUNAL AT DUNEDIN | TE TARAIPIUNARA RETIHANGA KI ŌTEPOTI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat A, [ADDRESS], North East Valley, Dunedin 9010
ORDER
1. [NAME] must pay [COMPANY] - As Agent For [COMPANY] $2,620.43 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $1,650.00 (3255787-004) to [COMPANY] - As Agent For [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 10/1/2025 $1,591.43 Cleaning, repairs, rubbish removal, replacement curtains, carpet cleaning
$2,652.00
Filing fee reimbursement $27.00 Total award $4,270.43 Bond $1,650.00 Total payable by Tenant to Landlord $2,620.43
Reasons:
1. The landlord attended the hearing.
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.
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How much is owed for rent?
3. The fixed term tenancy ended on 10/1/2025 when the landlord received the keys after the tenant vacated without notice.
4. 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?
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.
6. In support of the claim for cleaning, carpet cleaning and rubbish removal the landlord provided an entry inspection report dated 28/5/2024 and an exit report dated 23/12/2024, both containing photographs.
7. I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy, the carpet needed cleaning and did not remove all possessions and rubbish.
Is the tenant responsible for the damage to the premises?
8. 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.
9. The landlord sought compensation for removal of paint from a bathroom door, repairs to a bedroom wall, replacement of curtains and repairs to an outside fence.
10. 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.
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
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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. 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. I am persuaded by the evidence that intentional damage was caused during the tenancy to a door, bedroom wall, curtains and fence and was more than fair wear and tear.
15. The landlord provided an invoice for a global amount of $3,979.00 for all the work undertaken to “bring the property back to a rentable state”.
16. I have reduced the amount claimed by one third.
17. The reason for this is the lack of details in the invoice which make it impossible to consider whether the amount claimed is reasonable. No hourly rate or number of hours worked is recorded, nor is there a breakdown of hours on particular tasks.
18. As some redecoration was required, I must also consider 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.
19. As [COMPANY] - As Agent For [COMPANY] has wholly succeeded with the claim I must award the filing fee.
[NAME]
10 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 did not leave the rental unit reasonably clean and tidy.
- The tenant caused intentional damage to the property that went beyond fair wear and tear.
- The landlord provided photographic evidence showing the condition of the property upon exit.
- The landlord's claim included necessary cleaning and repairs to bring the property back to a rentable state.
- The landlord successfully proved that the tenant was responsible for the damage and the need for repairs.
❌ Tends to be rejected
- The tenant's lack of detailed invoices or breakdowns for the work claimed by the landlord.
- The tenant's failure to provide evidence that the amount claimed for repairs was unreasonable.
- The tenant's inability to show that the landlord's claim for damages was exaggerated or unjustified.
- The tenant's failure to demonstrate that the landlord's insurance covered the claimed damages adequately.
- The tenant's inability to refute the landlord's evidence of damage and the necessity of repairs.
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 to the property that exceeded fair wear and tear.
What was the dispute about?
The dispute was about the tenant leaving the premises unclean and damaging the property, leading to claims for rent arrears and compensation.
How did the court decide, and why?
The court decided that the tenant was responsible for rent arrears and damages because the tenant did not maintain the property as required by law.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(1)(ca), and 49B(3)(a) 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 caused damages beyond 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?
For tenants, this means they must ensure the premises are left clean and undamaged at the end of the tenancy to avoid financial penalties.
What evidence or documents mattered?
Evidence included rent records, entry and exit inspection reports, and invoices for repairs.