Tenant Ordered to Pay Rent Arrears and Damages for Leaving Property Untidy
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $4,416.03 for rent arrears and damages after the tenant left the property in an untidy state, failing to comply with their obligations under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is liable for rent arrears and damages if they fail to leave the premises reasonably clean and tidy.
📖 What the law says
This section states that a tenant must pay rent when it is due and keep the rented property reasonably clean and tidy. It also requires a tenant, when moving out, to leave the premises in a reasonably clean and tidy condition and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages for leaving the property in an untidy state.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $4,416.03 for rent arrears and damages due to leaving the property in an untidy state. The tenant failed to comply with their obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5031809
TENANCY TRIBUNAL - Whanganui
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $4,416.03 immediately, calculated as shown in table below.
Description Landlord Rent arrears $650.00 Lock/key replacement $321.00 Rubbish removal $2,433.31 Carpet Cleaning $240.00 Cleaning $343.39 Lawns and Garden work $97.75 Light bulbs/batteries: smoke alarms $69.13 Repairs $1,234.42 Window repairs $865.12 Replace furnishings: shower curtain $14.91 Filing fee reimbursement $27.00 Total award $6,296.03 Bond $1,880.00 Total payable by Tenant to Landlord $4,416.03
Reasons:
1. The landlord attended the hearing.
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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.
How much is owed for rent?
3. The tenancy ended on 18 September 2024. The landlord provided rent records 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. 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.
5. The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appeared as if the tenant had taken what she wanted from the property and left without making any attempt to clean.
6. The landlord advised that the tenant had kept a dog and the carpets were smelly. The landlord gave evidence that there was also staining to the carpet during the tenancy.
7. The tenant did not return the keys.
8. The following shower curtain was missing at the end of the tenancy. The landlord had to replace light bulbs and smoke alarm.
9. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
10. 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.
11. 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). See section 49B(3)(a) RTA.
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12. 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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
13. 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. See section 49B(1) RTA.
14. 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. See Guo v Korck [2019] NZHC 1541.
15. The following damage was caused during the tenancy:
a. A towel rail was broken.
b. A kitchen power point was smashed.
c. There were twelve holes in various walls throughout the property.
16. The damage from its extent and nature was intentional. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
17. The amounts ordered are proved.
18. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
G Baker
14 February 2025
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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 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/
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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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant did not leave the premises reasonably clean and tidy.
- The tenant did not remove all rubbish from the property.
- The tenant did not return the keys to the property.
- The tenant did not replace the shower curtain that was missing.
- The tenant did not prove that the damage was due to fair wear and tear.
❌ Tends to be rejected
- The tenant claimed they did not cause the damage intentionally.
- The tenant argued the damage was minimal and did not require significant repair costs.
- The tenant did not provide evidence to disprove their responsibility for the damage.
- The tenant did not show that the damage was covered by the landlord's insurance.
- The tenant did not demonstrate that the costs were within the limits set by law for unintentional damage.
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 $4,416.03 for rent arrears and damages for leaving the property in an untidy state.
What was the dispute about?
The dispute was about the tenant's failure to leave the property reasonably clean and tidy, resulting in damages and rent arrears.
How did the court decide, and why?
The court decided that the tenant was liable for rent arrears and damages because they did not comply with their obligations under the Residential Tenancies Act 1986.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986, s 40(1)(ca) Residential Tenancies Act 1986, s 49B(1)
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to leave the property reasonably clean and tidy, leading to damages and rent arrears.
Was the decision for or against the person who brought the case?
The decision was against the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they leave the property in a reasonable state of cleanliness to avoid liability for damages and rent arrears.
What evidence or documents mattered?
Photographic evidence and rent records were crucial in proving the tenant's failure to comply with their obligations.