Tenant Ordered to Pay Rent Arrears and Damages After Abandonment

OUTCOME: Allowed

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[2026] NZTT 5442288

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] must pay [APPELLANT] [NAME] $4,957.47 immediately, calculated as shown in the table below:

Description Landlord Tenant Previous order (application 5414408) dated 08/01/2026 rent arrears up to 30 December 2025 $1,746.00

Cleaning $1,065.89 Rubbish removal $1,231.58 Lawns and Garden work $700.00 Bedroom - repaint $137.00 Flea treatment $49.00 Filing fee reimbursement $28.00 Total award $4,957.47 Total payable by Tenant to Landlord $4,957.47

2. The landlord’s application for rent arrears from 31 December 2025 to 13 January 2026 is dismissed.

3. This Order incorporates the Tribunal Order made on 08 January 2026 under application 5414408.

Reasons:

1. This is a reserved decision. The hearing was conducted on 21 May 2026. A

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following up hearing was conducted on 02 June 2026. Both hearings were conducted by video conference / telephone.

2. A representative of the landlord attended both hearings. At both hearings, attempts were made to contact the tenant, but they were unsuccessful. The tenant has not communicated with the Tribunal as to why he would not attend the hearings. The hearings proceeded in the tenant’s absence.

3. The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

4. On 08 January 2026, this Tribunal issued an Order terminating the tenancy for abandonment and granting possession to the landlord.

5. The abandonment date was 10 December 2025 and rent arrears of $1,746.00 were awarded up to and including 30 December 2025. The reasons for the Order provide that the amount of rent arrears ordered included “… 21 days of rent in lieu of notice from the date the abandonment was confirmed by the landlord (from 11 to 31 December 2025)”.

6. The landlord says that the rent arrears ordered on 08 January 2026 have not been paid. The previous Order (application 5414408) is incorporated into this order for enforcement purposes.

7. The landlord is now seeking rent arrears up to and including 13 January 2026. The landlord said that while the tenant had abandoned the premises, there was a significant amount of the tenant’s property at the premises. The landlord said they had been working with the tenant’s former spouse to remove that property and this did not occur until 13 January 2026. When asked why the landlord did not take possession of the premises as provided for in the Order of 08 January 2026, the landlord said they believed that working with the tenant’s former spouse would mitigate the tenant’s losses.

8. An Order has already been made which provides the abandonment date was 11 December 2025. The tenancy was a periodic tenancy so the Tribunal could only award rent arrears for the period of 21 days following that date. This is what the Tribunal did. I do not consider it is open to the Tribunal to award rent arrears past 30 December 2025.

9. The landlord’s claim for additional rent arrears is dismissed.

Did the tenant comply with their obligations at the end of the tenancy?

10. Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that at the end of the tenancy the tenant must leave the premises reasonably

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clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. Section 40(1)(ca) of the RTA provides the tenant is required to replace worn out smoke alarm batteries during the tenancy. The tenant must also replace standard light bulbs.

11. The landlord has provided photographs from the end of the tenancy showing that the tenant did not leave the premises (including the lawns) reasonably clean and tidy and did not remove all rubbish. I award $1,065.89 for cleaning costs; $700.00 for lawn work and $1,231.58 for rubbish removal.

12. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

13. Sections 40(2)(a), 41 and 49B of the RTA provides that 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.

14. Section 49B(3)(a) of the RTA provides that 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).

15. Section 49B(3)(b) of the RTA provides that 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). Section 49B(3A)(a) of the RTA provides that where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.

16. Section 49B(1) of the RTA provides that 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.

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. ([NAME] v Korck [2019] NZHC 1541.)

18. The photographs provided by the landlord from the commencement of the tenancy and from the end of the tenancy prove that the paintwork in the 3rd bedroom was damaged during the tenancy. The tenant did not attend the hearing and has not, therefore, disproved that the damage was caused intentionally or carelessly.

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19. The landlord claims $137.00 for repainting costs. The landlord has depreciated the sum charged on the basis of paintwork having a 5-year life and the premises having being painted shortly before the tenant moved in. I consider this to be a reasonable basis to account for betterment and depreciation and award $137.00.

20. The landlord is also claiming for flea treatment to the premises. The landlord advised that the tenant had authorised the landlord to charge the tenant for a flea treatment that was carried out in November 2024. The tenant had been making payments towards this cost. The landlord has provided an invoice ledger showing the balance remaining to be $49.00. I am satisfied that the tenant had accepted liability for this cost.

21. These claims are proved.

The filing fee:

22. The landlord has substantially succeeded with the claim. For this reason, I am required to order reimbursement of the filing fee.

K [NAME]

08 June 2026

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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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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: