Tenant's Bond Return Claim Dismissed, Rent Arrears Allowed
📌 In brief
The Tenancy Tribunal ruled that the tenant's application for returning the bond money was denied, while the landlord's claim for unpaid rent was successful because the tenant did not give the required notice at the end of the fixed-term tenancy.
⚖️ Legal holding
A tenant must provide proper notice to avoid rent arrears when a fixed-term tenancy ends.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property clean, and leaving it tidy and empty of their belongings when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenant's application for bond return was dismissed, while the landlord's claim for rent arrears was allowed.
📜 Headnote Official document
The Tenancy Tribunal dismissed the tenant's application for bond return and allowed the landlord's claim for rent arrears due to the tenant's failure to provide proper notice at the end of the fixed-term tenancy.
📚 Full judgment Official document
__________________________________________________________________________________ 5024470 1
[2025] NZTT 5024470, 5001528
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] to pay [COMPANY] As Agent For Thomas Horrocks $3,320.00 from the bond, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $3,320.00 (5117375-001) to [COMPANY] As Agent For Thomas Horrocks immediately.
Description Landlord Tenant Rent arrears $3,320.00 Total award $3,320.00 Bond $3,320.00
3. The tenant’s application is dismissed.
Reasons:
1. Both parties attended the hearing. The tenant [NAME] attended the hearing by telephone. There was no appearance by the tenant [NAME].
2. The tenant has lodged an application seeking return of his bond money.
3. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
__________________________________________________________________________________ 5024470 2
How much is owed for rent?
4. The landlord has applied for rent arrears for the period from 6 September 2024 to 3 October 2024.
5. The tenancy was for a fixed term until 8 September 2024. The tenancy would automatically become a periodic tenancy when it ended, unless either party gave notice to terminate. See section 60A Residential Tenancies Act 1986 (RTA).
6. If the tenant did not want it to become a periodic tenancy, they needed to give 28 days’ notice before the expiry date of the fixed term. If the landlord did not want it to become a periodic tenancy, they needed to give reason for ending the tenancy and provide notice based on the requirements of that reason.
7. The landlord emailed the tenant on 4 September 2024 asking him to pay the water rates. The tenant replied stating that he would be vacating at the end of the fixed term on 8 September 2024.
8. The tenant’s understanding was that, because the tenancy was for a fixed term, it was coming to an end. During the hearing I formed the view that the tenant was genuinely unaware of the required notice period. It is also disappointing that the landlord did not make contact with the tenant at least 28 days’ prior to advise him of this requirement.
9. It is clear from the tenant’s evidence that he believed that no action was required as the fixed term was coming to an end.
10. Nevertheless, the tenant did not give the required notice 28 days’ before the end of the fixed term.
11. Accordingly, I must allow the landlord’s claim for rent arrears.
Did the tenant comply with their obligations at the end of the tenancy?
12. 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.
13. The landlord claims that the tenant did not leave the carpet in a reasonably clean condition.
14. The landlord says that there was some staining on the carpet. The tenant says that he used a Rug Doctor to clean the carpet at the end of the tenancy.
__________________________________________________________________________________ 5024470 3
15. The landlord has failed to provide adequate evidence in support of this claim. There is no expense claim for the amount sought. There are two undated photographs provided with the landlord’s application. The only reference on these photographs is ‘carpet before’ and the date of 22 October 2024. I am unable to tell when the photographs were taken. I also cannot see any photographs of carpet with stains.
16. The landlord should have provided proper entry and exit photographic evidence in support of this claim. The landlord also failed to provide a paid expense claim.
17. In the absence of supporting evidence the claim for carpet cleaning must be dismissed.
Is the tenant responsible for the damage to the premises?
18. 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.
19. 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 damage is presumed to have occurred after that date unless the tenant proves otherwise.
20. 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.
21. 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.
22. 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.
23. 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.
__________________________________________________________________________________ 5024470 4
Damage to floor
24. The landlord says that the tenant has damaged the wooden floor of the property. The landlord has only provided a quote from [NAME] dated 22 October 2024 in support of this claim.
25. The landlord stated during the hearing that the floor has now been repaired and the damage paid for. No evidence of this was provided prior to or during the hearing.
26. An applicant must show actual loss in respect of a claim. Providing only a quote in support of a claim for damage compensation is inadequate. At the very least I would have expected an invoice confirming the amount claimed along with evidence of payment. This has not been provided.
27. The claim in respect of floor damage is dismissed.
28. Because the landlord has not wholly or substantially succeeded with their application I do not order reimbursement of the filing fee.
[NAME]
10 April 2025
__________________________________________________________________________________ 5024470 5
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/
__________________________________________________________________________________ 5024470 6
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 provide proper notice before the end of the fixed-term tenancy.
- The landlord requested rent arrears for the period from 6 September 2024 to 3 October 2024.
- The landlord applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.
❌ Tends to be rejected
- The landlord failed to provide adequate evidence that the carpet was left in an unreasonably dirty condition.
- The landlord did not provide proper entry and exit photographic evidence to support the claim of carpet damage.
- The landlord provided only a quote in support of the claim for wooden floor damage without showing proof of repair or payment.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant's application for bond return was dismissed, and the landlord's claim for rent arrears was allowed.
What was the dispute about?
The tenant wanted to get back his bond money, while the landlord claimed rent arrears and the return of the bond.
How did the court decide, and why?
The court decided that the tenant had to provide proper notice at the end of the fixed-term tenancy, which he did not do, leading to the allowance of rent arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 60A and 40(1)(e)(ii)-(v), were applied.
What was the argument that mattered most?
The argument that mattered most was whether the tenant provided the required notice at the end of the fixed-term tenancy.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case for bond return.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they provide the required notice at the end of a fixed-term tenancy to avoid rent arrears.
What evidence or documents mattered?
The evidence that mattered was the email exchange between the landlord and tenant regarding the end of the tenancy.