Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears, compensate for damages caused by a pet, and cover cleaning costs after leaving the rental property. The landlord provided proof of the tenant's failure to maintain the property and incurred costs due to the tenant's actions.
⚖️ Legal holding
A tenant must pay rent arrears, compensate for damages, and cover cleaning costs when leaving a rental property.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires the tenant to keep the rental property reasonably clean and tidy.
When a tenancy ends, this section requires the tenant to leave the property in a reasonably clean and tidy condition. They must also remove all their belongings and any rubbish from the premises.
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 costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, compensate for damages caused by a pet, and cover cleaning costs after leaving the rental property. The landlord provided proof of the tenant's failure to maintain the property and incurred costs due to the tenant's actions.
📚 Full judgment Official document
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[2025] NZTT 5068368, 5049788
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $1,263.85 immediately, being rent arrears to 17 November 2024, compensation and filing fee, as calculated, and set out below:
Description Landlord Rent arrears $1,553.69 Filing fee reimbursement $27.00 Lock/key replacement $450.92 Cleaning: Products $75.00 Repairs: 2 Plumbers bills for dog damage $492.24 Total award $2,598.85 Minus Bond -$1,335.00 Total payable by Tenant to Landlord $1,263.85
2. The [COMPANY] is to pay the bond of $1,335.00 (3089955-008) to [NAME] immediately.
3. The tenants’ claims are dismissed.
Reasons:
1. The landlord attended the hearing, the tenant did not attend.
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2. This was a cross application, however as the tenant did not appear and has not contacted the Tribunal seeking an adjournment, I am dismissing his claims. I am proceeding with the landlords claims in the absence of the tenant.
3. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
4. The tenancy ended on 17 November 2024. The landlord provided rent records which prove the amount of $1553.69 owing at the end of the tenancy.
5. I am satisfied that the landlord has proven their claim for rent arrears.
Did the tenant comply with their obligations at the end of the tenancy?
6. 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.
7. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
8. The landlord has provided photographs of the property at the end of the tenancy. The photos show the kitchen cupboards and surfaces were dirty, the toilet was heavily stained and unclean, the stove was unbroken and unclean, the shower was blocked, the blinds and curtains were mouldy. The tenant had been smoking in the property and it smelt of cigarette smoke.
9. The landlord is not claiming for the time taken to do the cleaning of the property, only the cost of the cleaning products. The landlord provided receipts of $75.00 for the cleaning products needed to do the cleaning in the property.
10. I am satisfied that the landlord has proven that the property was not left in a reasonably clean and tidy condition and that she has incurred the cost of $75.00 for cleaning products.
11. The tenant did not return the keys and the landlord has provided a receipt for $450.92 for the cost of replacing the keys.
12. The amounts ordered are proved.
Plumbers’ bills:
13. The landlord is seeking to be reimbursed for the cost of two plumbers invoices. The tenant had a dog that chewed through the pipes in the garden, which
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caused leaks. The landlord had to instruct a plumber on two separate occasions in March and April 2024. The landlord provided the invoices that contained a brief report on the teeth marks found on the leaking pipes.
14. I am satisfied that the landlord has proven their claim for $492.24 for cost of the plumbers’ invoices.
15. The bond is to be refunded to the landlord to offset the debt owed by the tenant to the landlord.
16. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
28 February 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 tenant owed $1553.69 in rent arrears at the end of the tenancy.
- The landlord showed the property was not left reasonably clean and tidy, with photographic evidence of dirty areas and cigarette smell.
- The landlord provided receipts for $75.00 for cleaning products needed due to the property's condition.
- The landlord proved the tenant did not return the keys and provided a receipt for $450.92 for key replacement.
- The landlord proved the tenant's dog caused damage to garden pipes, leading to two plumber invoices totaling $492.24.
❌ Tends to be rejected
- The tenant's claims were dismissed because the tenant did not attend the hearing or seek an adjournment.
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, compensate for damages caused by a pet, and cover cleaning costs.
What was the dispute about?
The dispute was about unpaid rent, damages caused by a pet, and the cost of cleaning the property.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to pay rent, caused damages, and left the property in an untidy state.
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 argument that mattered most was the landlord's proof of the tenant's failure to maintain the property and the incurred costs due to the tenant's actions.
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?
For someone in a similar situation, it means they must ensure they pay rent on time, do not cause unnecessary damages, and leave the property in a reasonable state.
What evidence or documents mattered?
The evidence that mattered included rent records, photographs of the property, and receipts for cleaning products and key replacements.