Tenant Ordered to Pay Rent Arrears and Damages for Property Damage
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay rent arrears and damages for leaving the premises unclean and causing damage to the property. The tenant failed to clean the premises and return keys, and was held responsible for the damage caused by a blocked toilet and resulting ceiling leak.
⚖️ Legal holding
A tenant is liable for rent arrears and damages caused during the tenancy period, including cleaning and repair costs.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and removing all their belongings and rubbish when they move out. In this case, the tenant failed to leave the premises clean and tidy and left rubbish behind.
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 premises unclean and causing damage to the property.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages for leaving the premises unclean and causing damage to the property. The tenant failed to comply with their obligations at the end of the tenancy, leaving considerable rubbish and unwanted possessions behind and not returning keys. The Tribunal also found the tenant responsible for the damage to the premises, including a blocked toilet and resulting ceiling leak.
📚 Full judgment Official document
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[2025] NZTT 5240174
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted] As Agent For [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room A, Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] [NAME] As Agent For [COMPANY] $1,497.55 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $880.00 (5559390-022) to [COMPANY] [NAME] As Agent For [COMPANY] immediately.
Description Landlord Tenant Rent arrears $565.71 Cleaning: and rubbish removal $555.75 Rubbish removal: suspicious items to police $115.00 Lock/key replacement $300.50 Repairs: blocked toilet $163.59 Repairs: Ceiling damage due to blocked toilet – insurance excess
$650.00
Filing fee reimbursement $27.00 Total award $2,377.55 Bond $880.00 Total payable by Tenant to Landlord $1,497.55
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Reasons:
1. [NAME] attended the hearing for the landlord. The tenant did not attend.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the boarding house tenancy.
How much is owed for rent?
3. The tenancy ended on 3 April 2025. The landlord has provided records which prove the amount of rent owing to 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 tenant did not leave the premises reasonably clean and tidy and did not remove all possessions or rubbish.
6. The landlord provided photographs and an invoice to confirm that the tenant left considerable rubbish and unwanted possessions in the room and did no cleaning prior to the end of the tenancy.
7. Suspicious items were left at the premises, and these required safe removal to the police station at the end of the tenancy.
8. The tenant did not return the keys and the landlord provided an invoice for lock and key replacement which included a new front door lock and keys for all occupants.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the
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damage is presumed to have occurred after that date unless the tenant proves otherwise.
12. 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.
13. 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.
14. 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.
15. 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.
16. The following damage was caused during the tenancy:
a. During the tenancy the toilet became blocked seemingly by flushing improper items. The tenant did not advise the landlord of the damage.
b. The blocked toilet caused a leak in the ceiling below which was over the shared kitchen.
17. The landlord provided photographs and an invoice to prove the damage and repairs to the blocked toilet.
18. Once the blocked toilet was repaired the leak to the kitchen ceiling ceased confirming that the blocked toilet was the direct cause of the ceiling leak.
19. The landlord provided photographs and a quotation to confirm the damage to the ceiling. No evidence was provided as to the insurance position in relation to the ceiling damage.
20. The damage is scheduled to be repaired in the spring.
21. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
22. A quotation was provided to prove the cost of repairs to the kitchen ceiling, being $1,265.00.
23. The insurance excess noted in the tenancy agreement is $650.00 and this is the amount that has been ordered.
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24. I can see no obvious reason why insurance would not be available to cover this loss, but, if insurance is not available for some reason, the amount ordered takes into account betterment and depreciation.
25. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age of the property and the use of the kitchen, being a shared kitchen for all occupants of the property.
26. The amounts ordered are proved.
27. As [COMPANY] [NAME] As Agent For [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
03 June 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 owes $565.71 for rent arrears.
- The tenant is responsible for cleaning and removing rubbish, owing $555.75 for cleaning.
- The tenant must pay $115.00 for the removal of suspicious items to the police.
- The tenant is liable for $300.50 for replacing the lock and keys.
- The tenant is responsible for $650.00 for the ceiling damage due to a blocked toilet.
❌ Tends to be rejected
- The tenant did not provide evidence to disprove liability for the damages.
- The tenant did not attend the hearing to contest the claims made by the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages for leaving the premises unclean and causing property damage.
What was the dispute about?
The dispute was about the tenant's failure to comply with their obligations at the end of the tenancy, leaving considerable rubbish and unwanted possessions behind and not returning keys, as well as causing damage to the property.
How did the court decide, and why?
The court decided that the tenant must pay rent arrears and damages because they did not leave the premises reasonably clean and tidy, did not remove all possessions or rubbish, and caused damage to the property.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B, were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not comply with their obligations at the end of the tenancy and caused damage to the property.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means they must ensure they comply with their obligations at the end of the tenancy and avoid causing damage to the property.
What evidence or documents mattered?
Photographs and invoices provided by the landlord confirmed the amount of rent owing, the condition of the premises, and the cost of repairs.