Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears, cleaning fees, repair costs, and other expenses incurred due to breaches of obligations under the Residential Tenancies Act 1986. The tenant failed to vacate the premises on time, left the property unclean, and caused damage beyond fair wear and tear.
⚖️ Legal holding
A tenant must pay rent arrears, damages, and costs incurred due to breaches of obligations under the Residential Tenancies Act 1986.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in that condition when moving out. It also requires the tenant to vacate the premises and remove all their belongings when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears, damages, and other costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, cleaning fees, repair costs, and other expenses incurred due to breaches of obligations under the Residential Tenancies Act 1986. The tenant failed to vacate the premises on time, left the property unclean, and caused damage beyond fair wear and tear.
📚 Full judgment Official document
__________________________________________________________________________________ 5018068 1
[2025] NZTT 5018068
TENANCY TRIBUNAL - Manukau
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As Agent For [COMPANY]-Clayton/[NAME] $3,275.12 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 3 September 2024 $1,444.29 Cleaning $300.00 Rubbish removal $465.00 Repairs: Painting $575.00 Pest control $627.00 Eviction warrant $258.00 Replace furnishings: Oven $349.00 Window repairs $282.33 Lock/key replacement $547.50 Filing fee reimbursement $27.00 Total award $4,875.12 Bond $1,600.00 Total payable by Tenant to Landlord $3,275.12
2. The Bond Centre is to pay the bond of $1,600.00 (4999106-016) to [COMPANY] As Agent For [COMPANY]-Clayton/[NAME] immediately.
__________________________________________________________________________________ 5018068 2
Reasons:
1. The landlord attended the hearing. The tenant did not.
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.
3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
How much is owed for rent?
4. The tenancy ended on 5 August 2024, however the tenant did not vacate the premises until 3 September 2024.
5. Section 60(1) Residential Tenancies Act 1986 (RTA) states:
Where a tenant remains in occupation of the premises after the tenancy has terminated or has been terminated, all the obligations of the tenant shall continue in force as if the tenancy were still subsisting until such time as the tenant ceases to occupy the premises.
6. The tenant is liable to pay rent up to 3 September 2024.
7. The landlord provided rent records which prove the amount owing up to this date, namely $1,444.29. The landlord’s claim for rent arrears is granted in full for this amount.
Did the tenant comply with their obligations at the end of the tenancy?
8. 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.
9. The landlord claims the tenant did not return the keys or leave the premises reasonably clean and tidy. The landlord also claims the tenant did not remove all rubbish.
10. The landlord submitted photographs of the property taken at the end of the tenancy. These photographs prove the tenant left rubbish, personal belongings, miscellaneous household items and furniture at the property. The property also appears to be generally quite dirty.
11. On the balance of probabilities, I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
__________________________________________________________________________________ 5018068 3
12. The landlord gave evidence the property was infested with cockroaches and rodents due to the condition it was left in.
13. The landlord submitted invoices for pest control, cleaning and rubbish removal.
14. The landlord’s claim for cleaning and rubbish removal is granted in full for the following amounts:
a. Cleaning: $437.50
b. Pest control: $627.00
c. Rubbish removal: $465.00
15. The landlord gave evidence that the tenant did not return the keys at the end of the tenancy. The landlord submitted an invoice for $547.50 to replace the locks and keys. The landlord’s claim for key and lock replacement is granted in full for this amount.
16. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
17. 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.
18. The landlord submitted photographs of the property taken at the beginning and end of the tenancy. On the basis of these photographs and evidence given by the landlord at the hearing, I am satisfied on the balance of probabilities that the following damage occurred during the tenancy:
a. Internal doors damaged with dents, missing paint and missing handles;
b. Holes in the wall in the laundry/sleepout area;
c. Kitchen window missing; and
d. Oven not working.
19. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
20. The landlord submitted invoices to repair the above matters and replace the oven.
21. The landlord gave evidence that the oven was approximately 12 – 16 months old at the end of the tenancy.
22. The landlord’s claim for compensation for damage is granted in full for the following amounts:
__________________________________________________________________________________ 5018068 4
a. Painting: $437.50
b. Window replacement: $282.33
c. Oven: $349.00
23. The amounts ordered are proved.
24. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Eviction warrant costs
25. Section 40(1)(e)(i) RTA requires a tenant to quit the premises on the termination of the tenancy.
26. This tenancy ended on 5 August 2024. The landlord gave evidence that the tenant did not vacate the premises voluntarily and the landlord had to apply for an eviction warrant to have the tenant forcibly removed.
27. The landlord submitted an invoice from the Ministry of Justice for $258.00. The landlord’s claim for compensation is granted in full for this amount.
Filing fee
28. [COMPANY] As Agent For [COMPANY]- Clayton/[NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
19 February 2025
__________________________________________________________________________________ 5018068 5
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/
__________________________________________________________________________________ 5018068 6
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 did not pay rent arrears up to September 3, 2024, totaling $1,444.29.
- The tenant left the property unclean and with rubbish, requiring $465 for rubbish removal and $437.50 for cleaning.
- The tenant did not return keys, necessitating $547.50 for lock and key replacement.
- The tenant caused damage to the property, including internal door dents, holes in walls, a broken kitchen window, and a non-working oven, costing $1,376.83 for repairs.
- The landlord had to obtain an eviction warrant due to the tenant's refusal to vacate the premises, incurring $258 for the warrant.
❌ Tends to be rejected
- The tenant did not provide evidence to disprove liability for the damages caused during the tenancy.
- The tenant did not attend the hearing to present their side of the story.
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 rent arrears, cleaning fees, repair costs, and other expenses incurred due to breaches of obligations under the Residential Tenancies Act 1986.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears, clean the property, and leave it in good condition at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears, cleaning, repairs, and other costs because the tenant breached their obligations under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 40(2)(a) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish, causing damage to 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 they meet their obligations at the end of a tenancy to avoid financial penalties.
What evidence or documents mattered?
Photographs of the property taken at the end of the tenancy, rent records, invoices for cleaning, repairs, and pest control, and an eviction warrant invoice mattered.