Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and damages that exceeded fair wear and tear, including repairs and a bond refund.
⚖️ Legal holding
A tenant is liable for rent arrears and damages that exceed fair wear and tear.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and notifying the landlord of any damage or needed repairs. When moving out, the tenant must leave the premises 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 and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages exceeding fair wear and tear, including repairs and bond refund.
📚 Full judgment Official document
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[2025] NZTT 5137930
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] For [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] T/A [NAME] As Agent For [NAME] $2,132.35, calculated as shown in the table below.
2. The Bond Centre is to refund the bond of $2720.00 to the landlord.
3. The tenant will pay the debt in order 1 at the rate of $100.00 per week.
4. The first payment will be made on Friday 28 March 2025 and payments must continue every Friday until the debt is paid in full.
Description Landlord Rent arrears to 3/02/2025 $3,211.44 Water rates to end of tenancy $448.24 Repairs: Mirror $439.00 Repairs: Damaged garage lights $303.02 Lock/key replacement $161.00 Repairs: Walls and doors $262.65 Filing fee reimbursement $27.00 Total award $4,852.35 Minus Bond $2,720.00 Total payable by Tenant to Landlord $2,132.35
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5. If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
Reasons:
1. Both parties attended the hearing which took place by teleconference.
2. The landlord has applied for rent and water 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 3 February 2025 when the tenant vacated the property with the landlord’s consent. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. The fixed water charges and tenant part payment have been deducted from the amount 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 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.
5. The landlord claimed that the tenant did not leave the premises reasonably clean and tidy and sought reimbursement for the cost of further cleaning of the kitchen floor, oven trays and blinds. The tenant claimed that she cleaned the premises. The parties agreed that the tenant returned to remove final rubbish and return a plug and oven dish.
6. It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property immaculate or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. It is common that a landlord wishes to clean to an extra level. I find that the further cleaning the landlord sought reimbursement for was to clean to a standard beyond reasonably clean and tidy and therefore this is a landlord cost.
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7. The tenant did not return a sliding window deadbolt key and the lock needed replacement.
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. 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.
10. 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.
11. 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.
12. The following damage was caused during the tenancy: A mirror was broken, lights fittings in the garage were damaged and there were holes in walls and doors in the lounge, hallway and one bedroom. The tenant had attempted to patch holes but finishing and painting was still needed. The damage is more than fair wear and tear, and the tenant accepts liability for the damage.
13. The amounts ordered are proved. Invoices have been provided for the mirror and light fitting repairs. The owner has given evidence regarding their labour for the painting repairs and I find that 8.5 hours at a rate of $30.00 per hour plus the cost of the paint roller as sought is appropriate reimbursement. The amounts ordered are less than the landlord’s insurance excess for each repair.
14. [NAME] T/A [NAME] As Agent For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
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[NAME]
19 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 provided rent records and water invoices that proved the amounts owed at the end of the tenancy.
- The tenant did not return a sliding window deadbolt key, which required the lock to be replaced.
- Damage to the property, including a broken mirror and damaged garage lights, occurred during the tenancy and was more than fair wear and tear.
- The tenant accepted liability for the damage to the premises.
- The amounts ordered for repairs were proven by invoices and were less than the landlord's insurance excess.
❌ Tends to be rejected
- The landlord's claim for further cleaning of the kitchen floor, oven trays, and blinds was for a standard beyond what is considered reasonably clean and tidy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay rent arrears and damages that exceed fair wear and tear.
What was the dispute about?
The dispute was over unpaid rent and damages to the rental property.
How did the court decide, and why?
The court decided that the tenant was responsible for the rent arrears and damages because they exceeded fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B(1) were applied.
What was the argument that mattered most?
The argument that mattered most was proving that the damages exceeded fair wear and tear.
Was the decision for or against the person who brought the case?
The decision was against the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that any damages to the rental property are reasonable and not excessive.
What evidence or documents mattered?
Invoices for rent and water rates, and evidence of the condition of the property at the end of the tenancy mattered.