Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $18,096.37 to the landlord for rent arrears and damages, including cleaning, lawn maintenance, and key replacement costs, due to the tenant's failure to maintain the premises and return keys.
⚖️ Legal holding
A tenant must pay rent arrears and damages for failing to maintain the premises and return keys.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in the tenancy agreement. It also requires the tenant to keep the rented property reasonably clean and tidy.
This section also specifies that when a tenancy ends, the tenant must move out, remove all their belongings, leave the property reasonably clean and tidy, and get rid of all rubbish. It also requires the tenant to return the keys to the landlord.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay significant rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $18,096.37 to the landlord for rent arrears and damages, including cleaning, lawn maintenance, and key replacement costs, due to the tenant's failure to maintain the premises and return keys.
📚 Full judgment Official document
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[2025] NZTT 4729663
TENANCY TRIBUNAL AT INVERCARGILL | TE TARAIPIUNARA RETIHANGA KI WAIHŌPAI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] and [NAME] $18,096.37 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $17,025.68 Cleaning $157.50 Lock/key replacement $92.50 Lawns and Garden work $760.25 Tyre removal $40.00 Filing fee reimbursement $20.44 Total award $18,096.37 Total payable by Tenant to Landlord $18,096.37
Reasons:
1. The background to this matter is that the parties were friends The tenancy started on 12 September 2022 and terminated on 12 October 2023.
2. The tenant only made approximately six rent payments for the duration of the tenancy. The landlord previously applied to the tribunal and regrettably
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withdrew the application given the parties entered an agreement for how the rent would be paid. That agreement was not followed through.
3. The landlord had also applied for a mediation, but the tenant did not make himself available.
4. I have heard further evidence for the landlord as to the amounts the tenant owes him for personal loans also.
5. This application was filed on 7 November 2023. There have been two other adjournments at the request of the tenant. The last adjournment being on 16 December 2024. Notice of todays hearing was sent to the parties on the 19th December 2024.
6. Yesterday, the day before the hearing the tenant again sought an adjournment stating medical reasons and advising he was in Auckland. He was advised that we would contact him by phone. He did not make himself available. He was aware of todays hearing back in December and should have made arrangements to be present or to be connected by phone.
7. The landlord played a recorded message he had received from the tenant very recently stating he wanted advice from the landlord.
8. Given all the information before me I do not grant the adjournment request. Both parties must be considered in dealing with such a request and in the interests of Justice I am proceeding with the application today.
9. This matter has been in the system for too long. There is no evidence to disprove the amount of the arrears outstanding. The photo evidence of the condition of the lawns and home is strong proof that the amounts are owed.
How much is owed for rent?
10. The tenancy ended on 12 October 2023 and the arrears outstanding are significant. The landlord provided rent records which prove the amount owing at the end of the tenancy. There was no bond paid as the landlord advised that they were friends and there was trust and therefore bond was not sought.
Did the tenant comply with their obligations at the end of the tenancy?
11. 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.
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12. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
13. The tenant did not return the keys.
14. The amounts ordered are proved.
15. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
S Munro
14 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 owes significant rent arrears as proven by the landlord's rent records.
- The condition of the lawns and home的照片证据强烈证明了所欠金额。
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The tenant did not return the keys.
❌ Tends to be rejected
- The tenant requested multiple adjournments citing medical reasons but was unavailable for the hearing.
- The tenant did not provide any evidence to disprove the amount of arrears outstanding.
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 $18,096.37 to the landlord for rent arrears and damages.
What was the dispute about?
The dispute was about unpaid rent and damages caused by the tenant's failure to maintain the premises and return keys.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to pay rent and maintain the premises as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 40(1)(ca) were applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to maintain the premises and return keys as required by the Residential Tenancies Act 1986.
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 pay rent on time and maintain the premises as required by the Residential Tenancies Act 1986.
What evidence or documents mattered?
The evidence included rent records, photos of the condition of the lawns and home, and the landlord's testimony about the tenant's failure to maintain the premises and return keys.