Tenant Wins Compensation for Rent Arrears and Carpet Damage
📌 In brief
The Tenancy Tribunal ruled in favour of the tenant, ordering the landlord to pay $2,248.43 for unpaid rent and carpet cleaning damages. The landlord presented photos showing stains on the carpet, which the Tribunal accepted as valid evidence.
⚖️ Legal holding
A tenant is entitled to compensation for damages to the rental property.
📖 What the law says
This section outlines what a tenant must do, including paying rent on time, keeping the property reasonably clean and tidy, and notifying 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.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully recovered rent arrears and compensation for carpet cleaning from the respondent.
📜 Headnote Official document
The Tenancy Tribunal awarded the tenant $2,248.43 for rent arrears and carpet cleaning damages. The landlord provided photographic evidence of the damage, which the Tribunal found reasonable.
📚 Full judgment Official document
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[2025] NZTT 5097117
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 1, [ADDRESS], North East Valley, Dunedin 9010
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. [NAME] must pay the landlord $2,248.43 immediately, calculated as shown in the table below.
3. The [COMPANY] is to pay the bond of $960.00 to the landlord immediately.
Description Landlord Rent arrears $3,051.43 Carpet Cleaning $130.00 Filing fee reimbursement $27.00 Total award $3,208.43 Bond $960.00 Total payable by Tenant to Landlord $2,248.43
Reasons:
1. The landlord attended the hearing by telephone.
2. The tenant was telephoned twice but did not answer and so messages were left.
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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.
How much is owed for rent?
4. The tenancy ended on 31 December 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?
5. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
6. The landlord provided photographic evidence that there was staining on the carpet caused during the tenancy. The amount claimed was reasonable and is awarded to the landlord.
7. Because [[NAME]] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 21 March 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 left staining on the carpet which was proven by photographic evidence.
- The landlord provided rent records proving the amount of rent arrears.
- The landlord requested a reasonable amount for compensation which was deemed fair.
❌ Tends to be rejected
- The tenant did not attend the hearing and did not provide any counter-evidence.
- The tenant did not respond to messages left by the tribunal.
- The tenant did not argue against the compensation amount claimed 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 decided that the landlord must pay the tenant $2,248.43 for rent arrears and carpet cleaning damages.
What was the dispute about?
The dispute was about unpaid rent and damages to the carpet during the tenancy.
How did the court decide, and why?
The court decided in favour of the tenant because the landlord provided photographic evidence of the carpet stains, which were deemed reasonable by the court.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(1)(e)(ii)-(v), was applied.
What was the argument that mattered most?
The argument that mattered most was the photographic evidence provided by the landlord showing stains on the carpet.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation can seek compensation for rent arrears and damages to the rental property if they have valid evidence, such as photographs.
What evidence or documents mattered?
Photographic evidence of the carpet stains mattered in this case.