Tenant ordered to pay rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages for cleaning and repairs due to improper use of the rental property. The tenant did not attend the hearing.
⚖️ Legal holding
A tenant is liable for rent arrears and damages beyond normal wear and tear.
📖 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 for cleaning and repairs due to improper use of the rental property.
📚 Full judgment Official document
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[2025] NZTT 5122868
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 5, [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $2,700.21 immediately, calculated as shown in the table below:
2. [COMPANY] is to pay the bond of $795.00 (6539316-016) to [COMPANY] immediately.
Description Landlord Tenant Rent arrears up to 6/01/2025 $3,001.43 Cleaning: and rubbish removal $210.00 Repairs: plaster and paint dents on walls $200.00 Rubbish removal: dump fees $56.78 Filing fee reimbursement $27.00 Total award $3,495.21 Bond $795.00 Total payable by Tenant to Landlord $2,700.21
Reasons:
1. The landlord attended the hearing by telephone today. The tenant did not attend, and the mobile phone number provided did not connect. I continued with the hearing as the tenant has been emailed notice of the hearing date and time.
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2. The landlord has applied for payment of rent arrears and compensation for cleaning, rubbish removal, and repair of several dents in the wall of the room the tenant rented.
3. The landlord says the tenancy ended on 6 January 2025.
4. I award rent arrears up to that date of $3,001.43 based on the rent records supplied.
5. Photographs show the tenant did not leave the room reasonably clean and tidy and did not remove all rubbish.
6. The landlord says that the owner did the work to clean up. I award compensation of $210.00 for the owner’s time (7 hours at $30.001 per hour) and $56.78 for dump fees (receipts supplied).
7. The landlord proved one wall was damaged during the tenancy. Several dents are visible, all a similar size and shape as if something hard has been hit against the wall. This is more than wear and tear, so the tenant is liable. I award the claim for $200.00 for the owner’s labour and plaster and paint to repair the damage.
8. The landlord is entitled to the filing fee.
9. The bond is refunded to the landlord and the balance is payable by the tenant. He may be able to avoid collection costs and credit rating issues if he contacts the landlord and makes repayments.
[NAME]
03 March 2025
1 The rate usually awarded by the Tribunal for labour of private owners.
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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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant did not attend the hearing despite receiving notice.
- The landlord provided rent records showing arrears up to 6/01/2025.
- Photographs showed the room was left unreasonably clean and tidy.
- The wall damage was more than normal wear and tear, with visible dents.
- The landlord provided receipts for dump fees related to cleaning.
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 for cleaning and repairs.
What was the dispute about?
The dispute was about unpaid rent and damages caused by the tenant's improper use of the rental property.
How did the court decide, and why?
The court decided that the tenant was responsible for paying rent arrears and damages because the tenant left the property in an untidy condition and caused damage beyond normal wear and tear.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was the evidence showing the extent of the damage and the lack of cleanliness when the tenant left the property.
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?
Someone in a similar situation should ensure that they leave the rental property in good condition and without causing unnecessary damage.
What evidence or documents mattered?
Photographs showing the state of the property and rent records were important pieces of evidence.