Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages to the landlord. The tenant had given insufficient notice to end the tenancy, leading to the rent arrears. The Tribunal stayed enforcement of the order to allow the tenant time to file a counter-application.
⚖️ Legal holding
A tenant must provide the correct notice period according to current legislation, regardless of the original tenancy agreement.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end a tenancy if the tenant believes the landlord gave the notice because the tenant complained or used their rights as a tenant. The tenant must apply to the Tribunal within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and damages, staying enforcement pending the tenant's potential counter-application.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages to the landlord, with enforcement stayed pending the tenant's potential counter-application. The Tribunal ruled that the current notice period requirements under the Residential Tenancies Act 1986 must be followed, regardless of the original tenancy agreement.
📚 Full judgment Official document
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[2025] NZTT 5139468
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] $1,339.07 immediately, calculated as shown in the table below.
2. The [COMPANY] is to pay the bond of $1,420.00 (3319942-009) to [COMPANY] as agent for [NAME] immediately.
3. Enforcement of this order is stayed until 4 April 2025. If the tenant files an application against the landlord within that time, the stay will continue until the hearing of the tenant’s application or further order of the Tribunal.
Description Landlord Tenant Rent arrears to 26 January 2025 $2,028.57 Door and wall damage $333.50 Carpet Cleaning $140.00 Cleaning $230.00 Filing fee reimbursement $27.00 Total award $2,759.07 Less bond $1,420.00 Total payable by Tenant to Landlord $1,339.07
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Reasons:
1. The hearing was conducted by telephone. Both parties attended.
2. The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.
Rent
3. The tenant gave 21 days’ notice in December 2024 to end the tenancy. At that time, he was required to give 28 days’ notice. 28 days ended on 26 January and the landlord claims rent arrears to that date. The tenant argued that his tenancy agreement in 2016 provided for 21 days’ notice.
4. The tenancy agreement refers to the provisions of the Residential Tenancies Act 1986 (the Act) as they were at the time. 21 days’ notice was required then. I do not regard that as a term of the tenancy. It is a reference to the Act at the time. The Act changes from time to time and the law deems that everyone knows the law. In my view the tenant is bound by the Act and so he was required to give 28 days’ notice.
5. The landlord provided rent records to prove the amount owing at the end of the tenancy and the tenant did not dispute that amount. I have therefore awarded it.
Other Claims
6. The landlord claims $333.50 for the cost of repairing wall and door damage and $140 for carpet cleaning. The tenant accepts those claims and so I have awarded them.
7. The tenant disputes the claim for $488.75 for cleaning. He says that he left the premises reasonably clean and tidy.
8. I have considered the landlord’s outgoing report and photographs and the parties’ evidence and submissions. I accept that the tenant put considerable effort into cleaning the premises at the end of the tenancy. But there were some misses, such as marks on doors where his dog pushed open the door. In some respects, the premises were not left reasonably clean.
9. But there is an element of inter tenancy cleaning that the tenant is not responsible for. There was some mould behind a bed head and the wall needed repainting. The tenant was not required to clean off that mould. I regard that as damage that was not caused carelessly by the tenant.
10. In my assessment a reasonable award to the landlord for cleaning is $230 and I have awarded that.
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Filing Fee
11. The landlord has been largely successful and so I have awarded the filing fee.
Stay
12. The tenant said that he is in the process of filing an application against the landlord involving claims alleging that the premises did not comply with Healthy Homes Standards. I have therefore stayed enforcement of this order for 14 days to allow the tenant time to file the application. If he does so within that time the stay will continue until the hearing of his application.
[NAME]
21 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 tenant must provide the correct notice period according to current legislation.
- The landlord's claim for rent arrears was not disputed by the tenant.
- The tenant accepted the claims for door and wall damage and carpet cleaning.
- The tenant put considerable effort into cleaning the premises but missed some spots.
❌ Tends to be rejected
- The tenant argued that the original tenancy agreement provided for 21 days' notice.
- The tenant disputed the full claim for cleaning, arguing the premises were left reasonably clean.
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 damages to the landlord, with enforcement stayed pending a potential counter-application.
What was the dispute about?
The dispute was about the amount of rent arrears and the notice period given by the tenant to end the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and damages because the notice period given was incorrect according to current legislation.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was that the current notice period requirements must be followed, regardless of the original tenancy agreement.
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 follow the current notice period requirements under the Residential Tenancies Act 1986.
What evidence or documents mattered?
The rent records provided by the landlord and the outgoing report and photographs were significant pieces of evidence.