Tenant Owes Rent Arrears but Not Carpet Repair Costs
📌 In brief
The Tenancy Tribunal decided that the tenant must pay rent arrears to the landlord but not the costs for carpet repairs, as the damage was due to pre-existing conditions and not the tenant's fault.
⚖️ Legal holding
A tenant is responsible for rent arrears but not for damage that is a result of pre-existing conditions.
📖 What the law says
This rule states that a tenant must pay rent on time, keep the property reasonably clean and tidy, and notify the landlord of any damage or needed repairs. When moving out, the tenant must leave the property reasonably clean and tidy and remove all their belongings and rubbish.
This rule makes a tenant responsible for the actions of anyone they allow onto the property, if those actions would have broken the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the property while the tenant is there, it's assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ruled on rent arrears and damages, dismissing the landlord's claim for carpet repair.
📜 Headnote Official document
The Tenancy Tribunal ruled that the tenant owed rent arrears to the landlord but dismissed the landlord's claim for carpet repair costs, finding that the damage was pre-existing and not caused by the tenant's actions.
📚 Full judgment Official document
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[2025] NZTT 5063088
TENANCY TRIBUNAL - Auckland | Tāmaki Makaurau
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], Scene One Apartments
ORDER
1. [NAME] must pay [COMPANY] $1,916.39 immediately, calculated as shown in table below:
Description Landlord Tenant Rent arrears to 19 October 2024 $4,528.14 Replace light bulbs, keys, swipe cards* $370.00 Remove and dispose of piano* $402.50 Remove goods and rubbish* $188.75 Filing fee reimbursement $27.00 Total award $5,516.39 Bond $3,600.00 Total payable by Tenant to Landlord $1,916.39
2. The Bond Centre is to pay the bond of $3,600.00 (5314292-010) to [COMPANY] immediately.
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Reasons:
1. Both parties attended the hearing. [NAME] and [NAME] represented the landlord in person. The tenant attended 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.
3. The landlord no longer seeks termination and possession orders as it has taken possession of the premises and the parties both agree that the tenancy has ended.
4. There is no tenant cross application.
How much is owed for rent?
5. The landlord agreed to waive the 28-day notice period the tenant was required to give to terminate the tenancy.
6. There were various email communications between the parties about the end date of the tenancy. The landlord believes the tenancy ended when it took possession on 16 November 2024, and it seeks rent arrears to that date.
7. The tenant considers that the tenancy ended on 17 October 2024, one of the dates mentioned in one of her emails.
8. That the tenant did not remove all her goods nor return all the keys does not mean that the tenancy continued. It simply means that she did not comply with all her statutory responsibilities when she vacated.
9. The date sequences are confusing, and they changed. One email (which the tenant said today was a typing error) referred to the move out date as 29 October 2024.
10. The tenant said in her email to the landlord dated 17 October ‘our move will be completed by 12pm 18/10/24’. The landlord responded by email on 17 October ‘Thank you for the confirmation of the vacate of 1520/[ADDRESS], Auckland Central’, provided the rent arrears figure for rent owed to that date, and concluded by saying ‘hope your shift goes easy’.
11. But then, the tenant sent an email on 18 October saying, ‘just updating that we finish our clean up and moving out the last of our things on Saturday by 5pm’. The Saturday was 19 October 2024.
12. I find that the tenancy ended on 19 October 2024. I have therefore awarded the landlord rent arrears to 19 October 2024 only. It has not proved a claim for rent arrears beyond that date.
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Claims accepted by the tenant
13. [NAME] accepted the landlord’s claims for relacing light bulbs, keys, and swipe cards; removing and disposing of a piano; and removing and disposing of goods and rubbish. I have allowed those claims (marked *) by consent.
Is the tenant responsible for the damage to the premises?
14. 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 of the Residential Tenancies Act 1986 (RTA).
15. The landlord has claimed the repair cost of a section of carpet in a bedroom wardrobe that was mouldy due to a leak over time. The tenant cut out the affected area of carpet and underlay.
16. Where 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.
17. Tenants are liable for the cost of repairing damage that is intentional See section 49B(1) RTA.
18. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose.
19. [NAME] and [NAME] did not know whether the owner of the premises was insured for tenant damage. However, as the damage was intentional damage ([NAME] deliberately cut out the section of affected carpet) I need not know the insurance situation as the claim is not limited to the amount of the excess.
20. The issue the Tribunal must address is whether the carpet repair is required due to [NAME]’s intentional act of damage or whether it would have been required regardless due to the mould damage the result of the leaking over time.
21. There is no independent specialist evidence on this issue. However, the photographic evidence provided to the Tribunal shows that both the underlay and the carpet were damaged by mould.
22. I find it probable that the carpet and underlay in the wardrobe would have had to be replaced anyway regardless of whether [NAME] had cut it out. In other
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words, the need for the carpet patch was the result of flooding causing mould on the carpet and underlay. [NAME]’s intentional action did not add to what had already occurred in terms of damage.
23. I dismiss the claim for the carpet patch repair ($570.50).
Result
24. The tenant will pay the landlord $5,516.39. The bond will be paid to the landlord. After the deduction of the bond the tenant must pay the landlord $1,916.39 which includes the filing fee on the mostly successful application.
J Greene
19 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 must pay rent arrears up to October 19, 2024.
- The landlord's claim for replacing light bulbs, keys, and swipe cards was accepted.
- The landlord's claim for removing and disposing of the tenant's piano was accepted.
- The landlord's claim for removing and disposing of the tenant's goods and rubbish was accepted.
❌ Tends to be rejected
- The tenant is not responsible for the mold damage to the carpet and underlay, as it was pre-existing.
- The claim for the cost to repair the carpet patch was dismissed as it was not caused by the tenant's actions.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay rent arrears to the landlord but not the costs for carpet repairs.
What was the dispute about?
The landlord claimed rent arrears and costs for carpet repairs due to damage in the rental unit.
How did the court decide, and why?
The court decided that the tenant owes rent arrears but not the costs for carpet repairs because the damage was pre-existing and not caused by the tenant's actions.
Which laws or rules were applied?
Sections 40(2)(a), 41, and 49B of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was whether the damage to the carpet was caused by the tenant or was pre-existing.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the landlord, as the tenant was found to owe rent arrears but not the costs for carpet repairs.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that any damage claims are supported by evidence showing that the damage was caused by the tenant's actions.
What evidence or documents mattered?
Photographic evidence showing the extent of the damage was important in the decision.