Tenant Wins Rent Arrears Claim, Loses Ceiling Damage and Cleaning Claims
📌 In brief
The Tenancy Tribunal awarded the tenant rent arrears but dismissed claims for ceiling damage and cleaning due to insufficient evidence. The tenant provided proof of rent arrears but failed to provide clear evidence for the other claims.
⚖️ Legal holding
A tenant is entitled to rent arrears if supported by records, but must provide clear evidence for claims of damage and cleaning.
📖 Technical summary
The claimant's claim for rent arrears was successful, but claims for ceiling damage and cleaning were dismissed.
📜 Headnote Official document
The Tenancy Tribunal awarded the tenant rent arrears but dismissed claims for ceiling damage and cleaning due to insufficient evidence.
📚 Full judgment Official document
__________________________________________________________________________________ 5105328 1
[2025] NZTT 5105328
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The Bond Centre is to pay the bond of $1,360.00 (6276797-001) immediately apportioned as follows:
[COMPANY] [NAME]: $17.14
[NAME]: $1,342.86
Description Landlord Tenant Rent arrears to 10 November 2024 $17.14 Total award $17.14 Bond $17.14 $1,342.86
2. All remaining claims are dismissed.
__________________________________________________________________________________ 5105328 2
Reasons:
1. Both parties attended the hearing. The landlord attended by video and the tenant attended by telephone.
2. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
3. The landlord applied for compensation for ceiling damage and cleaning.
4. The inspection report shows streaks on the ceiling. It is not clear what caused the streaks. After hearing evidence from the tenant, I am not satisfied that the marks on the ceiling was damage caused by the tenant. I also note that the routine inspection report only contains one photograph of the ceiling, and it is not clear what area it is from. More photographs may have assisted in determining whether the streaks were present earlier and therefore may be due to gradual damage. In addition, the quote provided to repair the ceiling doesn’t provide any detail of what may have caused the damage.
5. After considering the evidence the claim for repair of the ceiling is not proven and is therefore dismissed.
6. The landlord claimed for cleaning. The exit inspection photographs show that the tenant left the premises in a reasonably clean and tidy condition. The landlord’s claim for cleaning is dismissed.
7. As the landlord has not succeeded with most of the application I make no award for reimbursement of the filing fee. I also decline to make an order for suppression as sought.
[NAME]
12 March 2025
__________________________________________________________________________________ 5105328 3
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/
__________________________________________________________________________________ 5105328 4
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 landlord proved rent arrears with provided rent records.
❌ Tends to be rejected
- The landlord's claim for ceiling damage was dismissed because the cause of streaks was unclear.
- The landlord's claim for ceiling damage was dismissed because the inspection report only had one unclear photograph.
- The landlord's claim for ceiling damage was dismissed because the repair quote lacked detail on the cause of damage.
- The landlord's claim for cleaning was dismissed because the premises were left reasonably clean and tidy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision awarded the tenant rent arrears but dismissed claims for ceiling damage and cleaning.
What was the dispute about?
The dispute was about rent arrears, ceiling damage, and cleaning claims.
How did the court decide, and why?
The court decided to award rent arrears because the tenant provided proof, but dismissed the other claims due to lack of clear evidence.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was the tenant providing proof of rent arrears while failing to provide clear evidence for the other claims.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have clear evidence for all claims they make.
What evidence or documents mattered?
The evidence that mattered was the proof of rent arrears and the inspection report showing the condition of the ceiling.