Tenant ordered to pay rent arrears and damages
📌 In brief
In this Tenancy Tribunal case, the tenant was ordered to pay rent arrears, water rates, and other damages to the landlord. The landlord successfully claimed for rent arrears, water rates, cleaning, and insurance excess due to damage to the bathroom basin.
⚖️ Legal holding
A tenant is liable for rent arrears and other damages until the end of the fixed-term tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean, and notifying the landlord of any damage or needed repairs. When moving out, the tenant must leave the premises reasonably clean and tidy and remove all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears, water rates, and other damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and other damages to the landlord. The landlord successfully claimed for rent arrears, water rates, cleaning, and insurance excess due to damage to the bathroom basin.
📚 Full judgment Official document
__________________________________________________________________________________ 5013568 1
[2025] NZTT 5013568
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
2. [NAME] and [NAME] must pay [The landlord/s] $5,963.13 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 20 September 2024 $4,350.00 Water rates $256.65 Cleaning $150.00 Basin insurance excess $650.00 Repairs: Walls $287.50 Garage remote $220.00 Lock/key replacement: battery $21.98 Filing fee reimbursement $27.00 Total award $5,963.13 Total payable by Tenant to Landlord $5,963.13
Reasons:
1. Both parties attended the hearing.
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.
__________________________________________________________________________________ 5013568 2
How much is owed for rent and water rates?
3. The tenant moved out of the premises on 8 August 2024, but this is a fixed tenancy, so the tenant is responsible for rent until the end of the fixed term tenancy. A new tenancy did not commence until after the fixed term ended.
4. The Tribunal made an order on 26 August 2024 for rent arrears to 30 August 2024. The tenant is therefore liable for rent arrears for the period from 31 August 2024 until 20 September 2024. That amount is awarded.
5. The landlord sought water rates. The tenant had paid for much of the water rates invoices. The landlord sought payment of a final invoice where the water used was an estimate. There was no final water meter reading. It is therefore not possible to determine if the tenant used this amount of water. I have awarded the water owed up until the July 2024 invoice.
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.
7. The landlord produced some photographs in support of the claim for cleaning. The tenant said that she returned to the premises to do further cleaning but there is no evidence of what was done. The photographs also do not show that the premises were not reasonably clean other than a dirty toilet, a dirty rubbish bin and some crumbs on the floor.
8. I have awarded $150.00 toward the cleaning.
9. The tenant admitted to damaging the bathroom basin. The landlord made an insurance claim, so the tenant is liable for the insurance excess of $650.00 which is awarded.
10. The landlord has provided evidence in support of the remaining claims which are awarded.
11. Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I reimburse the landlord’s name as sought.
[NAME] 12 February 2025
__________________________________________________________________________________ 5013568 3
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 was responsible for rent until the end of the fixed-term tenancy, even though they moved out earlier.
- The tenant was liable for rent arrears from August 31, 2024, until September 20, 2024.
- The landlord provided photographs that showed some areas of the premises were not reasonably clean.
- The tenant admitted to damaging the bathroom basin, making them liable for the insurance excess.
- The landlord substantially succeeded with their claim, entitling them to reimbursement of the filing fee.
❌ Tends to be rejected
- The tenant's claim of returning to do further cleaning lacked evidence.
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, water rates, and other damages to the landlord.
What was the dispute about?
The landlord claimed rent arrears, water rates, cleaning, and insurance excess due to damage to the bathroom basin.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant was responsible for rent until the end of the fixed-term tenancy and had caused damage to the property.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40(1)(e) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for rent until the end of the fixed-term tenancy and had caused damage to the property.
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 arrears and other damages until the end of the fixed-term tenancy.
What evidence or documents mattered?
Photographs of the property condition and invoices for rent and water rates were important evidence.