Tenant Ordered to Pay Rent Arrears and Damages Beyond Fair Wear and Tear

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[2026] NZTT 5422848

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenants

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME_3] must pay [COMPANY_1] As Agent For [NAME_1] $1,401.51 immediately, calculated below.

Description Landlord Tenant Rent arrears to 10 January 2026 $3,024.29 Water rates $234.22 Repairs $1,035.00 Filing fee reimbursement $28.00 Total award $4,321.51 Minus Bond - $2,920.00 Total payable by Tenant to Landlord $1,401.51

2. The Bond Centre is to pay the bond of $2,920.00 (6538448-001) to [COMPANY_1] as Agent for [NAME_1] immediately.

Reasons:

1. This was a rehearing of the Tribunal’s Order dated 17 March 2026. The landlord attended by videoconference. The tenants didn’t attend and couldn’t be reached by phone.

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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How much is owed for rent and water rates?

3. The tenancy ended on 10 January 2026 after the tenants gave Notice of Termination. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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

4. 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.1

5. The landlord claims compensation for cleaning and rubbish removal costs. The evidence provided does not prove that the premises weren’t left reasonably clean and tidy. Those claims are declined.

Is the tenant responsible for the damage to the premises?

6. 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.2

7. The tenants damaged a bedroom door during the tenancy. They replaced it with a new one, but it still needed to be painted and have handles fitted.

8. The landlord has provided evidence proving that at the end of the tenancy the following items needed to be replaced, other than through fair wear and tear:

a. an aluminium door lock;

b. a curtain rail

c. a door stop

d. oven trays

e. wardrobe hanging rail.

9. Repairs were needed o some wall holes and the toilet.

10. The loss caused to the landlord from paying for that work is proved by the invoice provided. The landlord should be compensated for that loss.

1 S.40(1)(e)(ii)-(v) RTA 2 S.40(2)(a), 41 and 49B RTA.

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10. Because [COMPANY_1] as Agent for [NAME_1] has succeeded with the claim I reimburse the filing fee.

B King

02 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: