Tenant ordered to pay rent arrears and outgoings
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears, outgoings, and bond repayment to the landlord. The tenant left the premises unclean and damaged parts of the property.
⚖️ Legal holding
A tenant is required to pay rent arrears, outgoings, and bond repayment to the landlord upon termination of the tenancy.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears, outgoings, and bond repayment to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, outgoings, and bond repayment to the landlord following the end of the tenancy. The tenant failed to leave the premises clean and tidy, and there was damage to the laundry door and deck.
📚 Full judgment Official document
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[2025] NZTT 5173871
TENANCY TRIBUNAL AT PAPAKURA | TE TARAIPIUNARA RETIHANGA KI PAPAKURA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] as Agent for [NAME] $3,614.52 immediately, calculated as shown in the table below.
2. [COMPANY] is to pay the bond of $2,720.00 (6505156-003) to [COMPANY] as Agent for [NAME] immediately.
Description Landlord Tenant Rent to 31 January 2025 $4,760.00 Water charges to end of tenancy $112.52 Skip bin $375.00 Lawns and Garden work $180.00 Cleaning, carpet cleaning and rubbish removal $650.00 Repairs to laundry door and deck $230.00 Filing fee reimbursement $27.00 Total award $6,334.52 Bond $2,720.00 Total payable by Tenant to Landlord $3,614.52
Reasons:
1. The landlord attended the hearing today.
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2. The landlord has applied for rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Rent and Water
3. The tenancy ended on 31 January 2025. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy.
Cleaning and Rubbish Removal
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.
5. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s inspection photographs show that the carpets, bathroom, toilet, and kitchen needed cleaning. There are photographs of boxes, a mattress and other items of hard rubbish that needed to be removed.
6. The outside area, although not large, was densely overgrown and had to be cut back.
Damage to Premises
7. 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.
8. 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 4 weeks' rent.
9. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
10. 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.
11. There was damage to an internal laundry door and part of the deck during the tenancy. The damage looks quite minor, but I am satisfied it is more than fair
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wear and tear. The tenant has not disproved liability for the damage. The repair cost is modest, and less than 4 weeks’ rent.
Filing Fee
12. The landlord’s application has succeeded. The filing fee must be awarded.
[NAME]
15 April 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 must pay rent arrears as proven by the landlord's rent records.
- The tenant must cover water charges based on the landlord's invoices.
- The tenant must pay for cleaning and rubbish removal due to leaving the premises dirty.
- The tenant is responsible for the cost of repairing the damaged laundry door and deck.
- The landlord is entitled to reimbursement of the filing fee since the application succeeded.
❌ Tends to be rejected
- The tenant did not provide evidence to disprove liability for the damages to the laundry door and deck.
- The tenant did not leave the premises clean and tidy as required by the tenancy agreement.
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 rent arrears, outgoings, and bond repayment to the landlord.
What was the dispute about?
The dispute was about the tenant leaving the premises unclean and damaging parts of the property.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears, outgoings, and bond repayment because the tenant did not fulfill their obligations under the tenancy agreement.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not leave the premises clean and tidy and caused damage to the property.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that they leave the premises clean and undamaged to avoid having to pay rent arrears, outgoings, and bond repayment.
What evidence or documents mattered?
Photographs showing the state of the premises and the damage to the property were important evidence.