Tenant Ordered to Pay Rent Arrears and Damages for Keeping Dog Without Consent

OUTCOME: Allowed

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[2026] NZTT 5422796

TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] must pay [APPELLANT] $4,813.79 immediately, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $2,380.00 (BN-10067793) to [APPELLANT] [COMPANY] immediately.

Description Landlord Tenant Rent arrears to 18 December 2025 $2,100.00 Water rates: 31/03/2025 - 18/12/2025 $577.79 Cleaning $966.00 Carpet Cleaning $874.00 Rubbish removal $1,000.00 Lawns and Garden work $690.00 Replace garage door remote $120.00 Repairs: Heat pump remote $138.00 Repairs: Living room windowsill $100.00 Repairs: Bedroom walls $150.00 Repairs: Curtains $150.00 Exemplary damages: keeping a dog without landlord’s consent (section 42C(2))

$300.00

Filing fee reimbursement $28.00 Total award $7,193.79 Bond $2,380.00 Total payable by Tenant to Landlord $4,813.79

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Reasons:

1. The landlord attended the hearing on 29 May 2026. The tenant did not.

2. The landlord has applied for rent arrears and outstanding water rates invoices. They also claim the tenant did not comply with their obligations at the end of the tenancy and kept a dog at the premises without the landlord’s permission. The landlord seeks compensation and exemplary damages.

3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Compensation & Exemplary Damages: The law generally

4. The Tribunal may award compensation for losses arising from a proven breach by a landlord or tenant of the tenancy agreement or Residential Tenancies Act 1986 (RTA).

5. Compensation is generally awarded for actual financial loss and sometimes for less tangible effects of proven breaches such as, a loss of enjoyment of the tenancy, distress, inconvenience and emotional suffering.

6. The following factors are relevant when deciding to award compensation:1

• The nature of the breach; • The duration of the breach; and • The effect of the breach on the party.

7. Exemplary damages are different from compensation. They are designed to punish and deter. They are like a fine. In [APPELLANT] v Blundell [1986] NZLR 732 the Court of Appeal (Cooke P) said:

Exemplary and punitive [damages] are different words for the same thing. The damages are exemplary because they are meant to teach an example to the guilty officer and others. They are punitive because they are meant to punish. They are like a fine, though they go to the citizen who has been the victim of conduct.

8. Under the RTA, exemplary damages may be ordered for certain defined, unlawful acts.

1 [NAME] v [NAME] [2020] NZDC 17667.

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9. Section 109(3) RTA states that exemplary damages may be ordered if the Tribunal determines an unlawful act was committed intentionally and it is just, having regard to the following factors:

a. The intent of the person in committing the unlawful act;

b. The effect of the unlawful act;

c. The interests of the landlord or tenant against whom the unlawful act was

committed; and

d. The public interest.

10. In the District Court decision of [NAME] v [NAME] [2020] NZDC 17667, the Court needed to consider a case where the landlord had unlawfully entered the tenancy. That was not disputed. The evidence was that because of a misunderstanding around notices being given, the landlord went into the tenancy without the necessary notice having first been served on the tenant.

11. Judge Neave in the District Court agreed with an earlier summary of the law from the Tribunal2 that:

Before an award for exemplary damages can be made the threshold question for the Tribunal to answer is whether the unlawful act has been committed ‘intentionally’. In my view negligence does not equate to intention, and for the Tribunal to be satisfied that a party has ‘intentionally’ committed an unlawful act evidence must exist which would justify the Tribunal in coming to the conclusion that the party committing the unlawful act has in fact turned his or her mind to the act and deliberately set about to commit it.

12. Judge Neave went on to accept that the unlawful entry was made in error, and on that basis there was no intention established, therefore there was no basis to order exemplary damages.

LANDLORD’S CLAIMS

Did the tenant breach section 42C RTA?

13. Section 42C RTA states:

(1) A tenant may keep a pet on the premises –

2 Chief Executive, ex party [NAME] v [NAME] TT 548/92

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(a) If the tenancy agreement provides that the tenant may keep the pet or the landlord gives written consent to the tenant keeping the pet; and

(b) In accordance with any reasonable conditions set out in the tenancy agreement or attached to the consent (see section 42G regarding reasonable conditions).

14. A tenant who keeps a pet but fails to comply with section 42C(1)(a) RTA commits an unlawful act, for which a maximum amount of $750.00 in exemplary damages may be ordered.3

Analysis

15. The tenancy began on 20 April 2021 and ended on 18 December 2025. Section 42C RTA came into effect on 1 December 2025 and therefore applies to the tenancy.4

16. The landlord gave evidence that the premises smelt like dog at the end of the tenancy. They also submitted photographs taken at the end of tenancy, which show lots of pet fur in the carpet and on the walls in the living room. The fur looks like dog hair. Photographs of the heat pump remote show it has been damaged. The damage is consistent with chewing by a dog. Photographs of the windowsill in the living area were also submitted and show numerous scratches. The damage is consistent with a dog trying to balance its front paws on the windowsill and scratching it with its claws. The combined effect of all of this evidence, means I am convinced on the balance of probabilities that the tenant kept a dog at the premises during the tenancy.

17. The tenancy agreement does not permit the tenant to keep a pet. The landlord gave evidence that the tenant did not request written permission to keep a dog, and the landlord never gave written consent. I accept the landlord’s evidence.

18. For all of these reasons, I find the tenant kept a dog at the premises during the tenancy. The tenancy agreement does not permit the tenant to keep a dog, and the landlord did not give their written consent. Therefore, I find the tenant breached section 42C(1)(a) RTA.

Should exemplary damages be ordered?

19. I find the tenant acted intentionally in keeping a dog at the premises in breach of section 42C(1)(a) RTA. No evidence to prove the landlord gave written consent was submitted.

3 Residential Tenancies Act 1986, section 42C(2) & Schedule 1A. 4 Residential Tenancies Amendment Act 2024, section 2(4).

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20. I find it just to order exemplary damages, considering the following factors:

a. The intent of the person in committing the unlawful act. The tenant acted intentionally.

b. The effect of the unlawful act. The dog has caused damage to the premises and no pet bond was paid by the tenant. The general bond is insufficient to cover the cost of repairs.

c. The interests of the landlord or tenant against whom the unlawful act was committed. The landlord has an interest in being compensated by the tenant for damage incurred to the premises as a result of the dog.

d. The public interest. There is a strong public interest in ensuring that tenants are dissuaded from keeping pets at a premises in breach of the tenancy agreement and without first seeking the landlord’s written consent. The RTA provides a pathway through which tenant’s can request to keep a pet. It prohibits landlord’s from unreasonably refusing such a request. Tenants should be encouraged to use the provisions in the RTA where they want to keep a pet.

21. Taking all of these matters into account, I order the tenant to pay the landlord $300.00 in exemplary damages.

How much does the tenant owe in rent arrears?

22. The tenancy ended on 18 December 2025. The landlord submitted a rent summary, which proves the tenant owes $2,100.00 in rent arrears up to this date.

How much does the tenant owe in outstanding water rates invoices?

23. The landlord submitted a water invoice summary, together with copies of original invoices from [NAME] for the tenancy address. These documents prove the tenant owes $577.79 in outstanding water rates invoices for the period 31 March 2025 – 18 December 2025.

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

The law

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24. 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.5

25. “Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable.6 It does not mean commercially clean,7 spotless8 or to a hotel or motel standard.9 The better the premises and the higher the rent payable, the higher the standard expected.10

Cleaning & carpet cleaning

26. The photographs taken at the end of the tenancy prove the tenant did not leave the premises reasonably clean and tidy. The carpets have not been vacuumed. There is a significant amount of dust, dog hair and grime on the skirting boards. There is dog hair on the walls in the living room. There are ants in the kitchen. The kitchen cupboards and drawers are dirty. The toilet and bathroom are also dirty.

27. The landlord submitted invoices for $966.00 to clean the premises and $874.00 to clean the carpet, including dog urine treatment.

28. The landlord gave evidence that the premises smelt strongly like dog, which I accept. Because I am convinced the tenant kept a dog at the premises, it was reasonable for the landlord to have the carpets commercially cleaned.

29. For all of these reasons, the landlord’s claim for compensation is granted for the following amounts:

a. Cleaning: $966.00

b. Carpet cleaning: $874.00

Rubbish removal

30. The photographs taken at the end of tenancy prove the tenant did not remove all of their belongings or rubbish. A significant amount of personal belongings and rubbish was left in the garden area, including mattresses, bed bases, whiteware, tables and other personal belongings and rubbish.

5 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v). 6 [NAME] v [NAME] [APPELLANT] TT215/93, 8 February 1993 at [8]. 7 [NAME] v [NAME] [COMPANY] [APPELLANT] TT215/93, 8 February 1993 at [8]. 8 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 9 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 10 Westwood v Western [1994] DCR 759 at [770].

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31. The landlord submitted an invoice for $1,000.00 to remove all of the rubbish and abandoned goods.

32. The landlord’s claim for compensation is granted for $1,000.00.

Lawns and garden maintenance

33. The photographs taken at the end of the tenancy prove the tenant did not leave the lawns and garden reasonably clean and tidy. There are large mounds of old lawn clippings. Parts of the lawn are overgrown. There is grass growing on the paved stone area and numerous weeds in the rock garden.

34. The landlord submitted an invoice for $690.00 to mow the lawns and de-weed the garden. Their claim for compensation is granted for this amount.

Garage door remote

35. The landlord gave evidence the tenant was provided with a garage door remote at the beginning of the tenancy and submitted a photograph taken at the beginning of the tenancy, which shows a set of keys and garage door remote. The landlord gave evidence the tenant did not return the garage door remote at the end of the tenancy. I accept the landlord’s evidence.

36. The landlord has not replaced the garage door remote, because they do not have the money. The owner has moved back into the premises and is operating the garage door manually.

37. The landlord submitted a quote for $168.75 (including GST) to replace the garage door remote. The amount sought seems reasonable and I am convinced the landlord will purchase a new remote.

38. For all of these reasons, the landlord’s claim for compensation is granted for $168.75.

Is the tenant responsible for damage that occurred to the premises during the tenancy?

The law

39. 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

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damage. Tenants are liable for the actions of people at the premises with their permission.11

40. Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant.12

Living room windowsill

41. The photographs taken at the beginning of the tenancy show the windowsill in the living room to be in good condition. It is painted white with no scratches or marks. In contrast, the photographs taken at the end show the sill has numerous scratches on it. I find the windowsill was damaged during the tenancy, most likely from the tenant’s dog leaning on the windowsill with its front paws. The damage exceeds fair wear and tear, and the tenant has not disproved liability.

42. The landlord submitted a quote to repair the windowsill for $230.00 (including GST). The landlord is now living in the premises and has not completed the repairs. I have reservations about whether the repairs will be completed.

For these reasons, I consider it appropriate to order a nominal amount of compensation that most likely reflects the depreciation in value to the windowsill. I find $100.00 to be reasonable.

Heat pump remote

43. The photographs of the heat pump remote taken at the beginning of the tenancy show it is in good condition. In contrast, the photographs taken at the end show it has been badly damaged. I find the remote was damaged during the tenancy, most likely from the tenant’s dog chewing on it. The damage exceeds fair wear and tear, and the tenant has not disproved liability.

44. The landlord submitted a quote for $138.00 (including GST) to replace the remote. The Tribunal sees numerous applications for compensation to replace heat pump remotes. The usual cost is $138.00. I am convinced the landlord will purchase a new remote for the heat pump for winter. For these reasons, the landlord’s claim for compensation is granted for $138.00.

11 Residential Tenancies Act 1986, section 40(2)(a), 41 & 49B. 12 See discussion in [NAME] [COMPANY] v McKeefry [2019] NZTT 4114629, 4169403.

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Bedroom walls

45. The photographs of the bedroom taken at the beginning of the tenancy show the walls to be in good condition. In contrast, the photographs taken at the end show lots of small scratches and marks, and a large gauge in the wall. The tenant has also stuck small mirrors on the walls, which are most likely to cause damage when removed.

46. On the balance of probabilities, I find the walls in the bedroom were damaged during the tenancy. I consider the smaller marks and scratches to be fair wear and tear, but the larger scratches and gouge in the wall exceed fair wear and tear. The tenant has not disproved liability for this damage.

47. The landlord submitted a quote to repaint two walls in the bedroom for $632.50 (including GST). The landlord has not painted the walls yet and is currently living in the premises. I have reservations about whether the walls will be repainted.

For these reasons, I consider it appropriate to order a nominal amount of compensation that most likely reflects the diminution in value to the walls. I consider $150.00 to be reasonable.

Curtains

48. The photographs taken at the beginning of the tenancy show the curtains to be in good condition. They are clean and the landlord gave evidence that they were newly installed at the beginning of the tenancy. In contrast, the photographs taken at the end of the tenancy show some of the curtains to be very dirty and stained. Some of the staining and marks are small, whilst others are large. I find the curtains were damaged during the tenancy. If find the smaller marks to be consistent with fair wear and tear however, the other larger areas of staining exceed fair wear and tear. The tenant has not disproved liability for this damage.

49. The landlord submitted a quote for $1,150.00 (including GST) to replace the curtain, but only seeks $575.00 considering the age of the curtains at the end of the tenancy. The landlord has not replaced the curtains yet but has cleaned them and carried out some repairs. I have reservations about whether the curtains will be replaced.

For these reasons, I consider it appropriate to order a nominal amount of compensation that most likely reflects the diminution in value to the curtains. I consider $150.00 to be reasonable.

Should the tenant pay the landlord $1,890.00 in lost rent?

50. The landlord claims the state of the premises at the end of the tenancy delayed their ability to re-tenant them quickly and therefore, the tenant should reimburse them 3 weeks in lost rent. The difficulty for the landlord, however, is that the

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premises were not re-tenanted. Instead, the owner moved back into them. Further, there is usually an inevitable delay in re-tenanting premises in between tenancies. This is because it takes time to advertise the premises and vet prospective tenants. In some cases, tenants also need to give 21 days’ notice to end their current tenancy before beginning a new one. For all of these reasons, I decline to order the tenant to pay the landlord $1,890.00 for three weeks lost rent.

Filing fee

51. Because the landlord has been substantially successful with their claim, I must order the tenant to reimburse the filing fee.

L [APPELLANT]

29 May 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 [NAME]/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

[NAME] hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi [NAME]/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.[NAME] https://www.[NAME] http://www.[NAME]

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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: [NAME]/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].