Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and damages to the landlord. The landlord showed that the tenant left the rental property unreasonably dirty and damaged, including broken windows and paintwork. The Tribunal found the tenant liable for these damages under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is liable for rent arrears and damages beyond fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent on time, keep the rental property reasonably clean and tidy, and leave it in that condition when they move out, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully recovered rent arrears and damages from the respondent.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages to the landlord. The landlord proved that the tenant left the premises unreasonably dirty and damaged, including broken windows and paintwork. The Tribunal ruled that the tenant was responsible for these damages under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5067068
TENANCY TRIBUNAL - Masterton | Whakaoriori
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $3,073.00 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $2,380.00 to [COMPANY] immediately.
Description Landlord Tenant Rent arrears $3,315.00 Cleaning $300.00 Rubbish removal $276.00 Repairs: including lock replacement $414.00 Repairs: painting $621.00 Repairs: Windows insurance excess $500.00 Filing fee reimbursement $27.00 Total award $5,453.00 Bond $2,380.00 Total payable by Tenant to Landlord $3,073.00
Reasons:
1. The landlord attended the hearing at 2pm yesterday. There was no appearance for the tenant.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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3. The landlord had not filed or brought his supporting evidence for his claims. I allowed him until 3pm today to file the documents, which he duly did.
Rent
4. The tenancy ended on 1 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,315.00.
Cleaning, rubbish and damage
5. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e) Residential Tenancies Act 1986.
6. The landlord provided photographs showing that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
7. The tenant did not return the keys.
8. The landlord provided an invoice for $276.00 for 6 hours’ rubbish removal and tip fees.
9. An invoice of $350.00 for cleaning included window cleaning inside and out. The tenant must leave the premises reasonably clean and tidy. That does not usually include window cleaning and the landlord has not provided any evidence to justify this. Accordingly, a reduction of $50 has been made from this invoice.
10. A further invoice of $414.00 covers lock replacement, replacement of washing line and repairs and painting. There is a further invoice for $621.00 for 12 hours’ painting. The photos show some minor damage to the walls.
11. The photos also show broken windows and glass doors. The landlord provided evidence from his insurers that he had to pay $500 excess.
12. 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.
13. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
14. 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.
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15. 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.
16. 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.
17. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
18. It is clear that the broken glass is more than fair wear and tear.
19. The damage to the walls is less clear. There are some scuffs and marks, but actual damage is difficult to discern. The Tribunal would have been assisted by photographs of the property at the start of the tenancy and advice of when it was last painted. However, there appear to be some scrapes, and the tenant has not disproved liability.
20. The landlord also claimed for damage to a garage door, but provided a quote with today’s date. It therefore appears the landlord has not undertaken the work and has not incurred a loss.
21. The amounts ordered are proved.
22. The landlord is reminded that claims such as these are usually accompanied by entry inspection reports (including photos) and exit inspection reports with photos. All invoices should also be filed, showing loss.
23. [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
19 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 amount of rent owing at the end of the tenancy with rent records.
- The landlord provided photographs showing the premises were not left reasonably clean and tidy, and rubbish was not removed.
- The tenant did not return the keys, which is a requirement at the end of a tenancy.
- The landlord provided an invoice for rubbish removal and tip fees.
- The broken glass windows and doors were clearly more than fair wear and tear.
❌ Tends to be rejected
- The landlord's claim for damage to a garage door was rejected because the work had not been undertaken and no loss incurred.
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 to the landlord.
What was the dispute about?
The landlord claimed rent arrears and damages due to the tenant leaving the property unreasonably dirty and damaged.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to maintain the property and caused damage beyond fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically sections 40(1)(e) and 49B, were applied.
What was the argument that mattered most?
The most important argument was that the tenant was responsible for maintaining the property and for any damage beyond fair wear and tear.
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 the rental property is left clean and undamaged to avoid liability for rent arrears and damages.
What evidence or documents mattered?
Photographs showing the condition of the property and invoices for damages were crucial pieces of evidence.