Tenant ordered to pay rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears, compensate for damages to the walls, carpet, and shower, and cover cleaning and rubbish removal costs at the end of the tenancy. The tenant disputed the amounts but failed to provide evidence of additional payments or incorrect invoices.
⚖️ Legal holding
A tenant is liable for rent arrears, damages beyond fair wear and tear, and the costs of cleaning and removing rubbish at the end of a tenancy.
📖 What the law says
This rule states that a tenant must pay rent on time, keep the property reasonably clean and tidy, and notify the landlord of any damage or needed repairs. When moving out, the tenant must leave the property reasonably clean and tidy, and remove all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears, compensate for damages, and cover cleaning and rubbish removal costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, compensate for damages to the walls, carpet, and shower, and cover cleaning and rubbish removal costs at the end of the tenancy. The tenant disputed the amounts but failed to provide evidence of additional payments or incorrect invoices.
📚 Full judgment Official document
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[2025] NZTT 5075710
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] as agent for [NAME] $2,757.04 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 22 November 2024 $1,206.04 Rubbish removal $469.00 Cleaning $1,260.00 Repairs: Walls $300.00 Repairs: Shower $125.00 Carpet cleaning and patch replacement $250.00 Filing fee reimbursement $27.00 Total award $3,637.04 Bond $880.00 Total payable by Tenant to Landlord $2,757.04
2. The Bond Centre is to pay the bond of $880.00 (3091859-003) to [COMPANY] as agent for [NAME] immediately.
Reasons:
1. Both parties 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 landlord says that the tenancy ended on 22 November 2024.
4. The tenant gave notice to terminate the tenancy on 25 October 2024, and the landlord submits that regardless of when he physically moved out of the property, he is liable for rent until the end of the 28-day notice period – being 22 November 2024.
5. The tenant disputes the rental arrears amount and says that he had paid until the end of the notice period, as he was paying rent in advance and is adamant that there is no further rent owed.
6. The landlord provided rent records which prove the amount owing of $1,206.04 through to 22 November 2024. I have not seen any evidence that shows any additional payments made that are not recorded in this summary and although the tenant disputes that any rent is owed, he has not identified any specific missing payments, or elements of the rental summary that are incorrect.
7. I have reviewed the rental summary and am satisfied that the rental arrears being sought by the landlord is correct. The tenant is required to pay rent until the end of the 28-day notice period.
8. The amount ordered of $1,206.04 is proved.
Did the tenant comply with their obligations at the end of the tenancy?
9. 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.
10. The landlord has claimed for the cost to remove rubbish and for cleaning. Photographs have been provided of the premises both before and after the tenancy. The landlord says that there was significant junk and rubbish left at the property. Invoices have been provided including for rubbish removal using a skip bin of $469.00 and cleaning of $1,260.00 (that included 35 hrs of cleaning work).
11. The tenant doesn’t dispute that this work was required, but that he did want to return to the property and carry out the cleaning, however he was not permitted by the landlord to do so.
12. I am satisfied the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
13. The amounts ordered are proved.
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Is the tenant responsible for the damage to the premises?
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. The landlord claims that during the tenancy, damage was caused to the walls, carpet, and shower. The walls had holes and a stain that all had to be patch repaired and painted. The landlord says that the carpet was new at the commencement of the tenancy, and at the end of the tenancy the carpet had a large stain (allegedly caused by vomit) that was unable to be removed by cleaning, and a new carpet patch was required to be installed. The shower also had a damaged shower head and blocked drain. Photographs have been provided of the damage.
21. Invoices have been provided for the works including; $300.00 for the wall repair, $125.00 for the shower repair and $250.00 for the carpet cleaning and patch replacement.
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22. The landlord says there are several other items that required repair, however, these repair costs are not being sought.
23. The tenant disputes that the carpet was damaged by vomit, but otherwise doesn’t dispute the amounts sought. He does again say, however, that he would have repaired these if he had been allowed to return to the property.
24. The following damage was caused during the tenancy: Walls, shower, and carpet. The damage is more than fair wear and tear, and in my view the tenant has not disproved liability for the damage.
25. The amounts ordered are proved.
26. [COMPANY] as agent for [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 27 March 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 amount of rent owed until the end of the notice period with rent records.
- The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
- The landlord provided photographs and invoices for rubbish removal and cleaning costs.
- Damage to the walls, shower, and carpet occurred during the tenancy and was more than fair wear and tear.
- The tenant did not disprove liability for the damage to the premises.
❌ Tends to be rejected
- The tenant's claim that he had paid all rent until the end of the notice period was not supported by evidence.
- The tenant's desire to return to the property to clean and repair was not accepted as a reason to avoid liability.
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, compensate for damages, and cover cleaning and rubbish removal costs.
What was the dispute about?
The dispute was about the amount of rent arrears, the extent of damages to the property, and the costs of cleaning and removing rubbish.
How did the court decide, and why?
The court decided that the tenant was liable for rent arrears, damages beyond fair wear and tear, and the costs of cleaning and removing rubbish because the tenant did not provide evidence to refute the landlord's claims.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e), 40(2)(a), and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was the landlord's evidence of rent arrears, damages, and cleaning costs, which the tenant failed to refute.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have evidence of any payments made and that the property is left in a reasonable condition at the end of the tenancy.
What evidence or documents mattered?
The evidence that mattered was the rent records, invoices for cleaning and repairs, and photographs of the property before and after the tenancy.