Tribunal Awards Rent Arrears and Compensation for Book Losses
📌 In brief
The Tenancy Tribunal ruled in favour of the landlord, awarding $10,089.28 from the bond to cover rent arrears and compensation for lost books. The tenant did not attend the hearing and failed to provide evidence of their inability to attend.
⚖️ Legal holding
A tenant is entitled to compensation for damages and non-compliance with obligations at the end of a tenancy under the Residential Tenancies Act 1986.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and notifying the landlord of any damage or needed repairs. When a tenancy ends, the tenant must move out, remove their belongings, leave the premises reasonably clean, and take out all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal awarded the landlord $10,089.28 from the bond, including rent arrears and compensation for book losses.
📜 Headnote Official document
The Tenancy Tribunal awarded the landlord $10,089.28 from the bond, including rent arrears and compensation for book losses, after determining that the tenant had failed to comply with their obligations at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5124568, 5131788
TENANCY TRIBUNAL - Auckland | Tāmaki Makaurau
APPLICANT: [redacted] Al-Naama & [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] must pay [COMPANY] as Agent for [NAME] H N Al-Naama & [NAME] $10,089.28 from the bond, calculated as shown in the table below.
Description Landlord Tenant
Rent arrears $9,428.57 Lock/key replacement $162.15 Book replacement $471.56 Filing fee reimbursement $27.00 Total award $10,089.28 Bond $10,089.28 $1,910.72
2. The Bond Centre is to pay the bond of $12,000.00 (6409710-001) immediately apportioned as follows:
[COMPANY] As Agent For [NAME] H N Al-Naama & [NAME]: $10,089.28
[COMPANY] [NAME]: $1,910.72
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3. This Order does not determine the tenant’s claims as set out in application 5131788, so the tenant is able to file a further application in respect of those claims if he chooses.
Reasons:
1. The landlord attended the hearing. The tenant did not attend.
2. This matter was initially scheduled to be heard by videoconference on 13 March 2024. The tenant has provided a screen shot of a txt sent to him on 13 January 2024 with that notification. No formal Notice of Hearing seems to have been issued for that date.
3. A Notice of Hearing for today’s fixture was sent to the parties on 28 January 2024.
4. The tenant requested an adjournment of today’s hearing on the basis that he had made travel commitments based on the txt he received for the hearing on 13 March. Opportunity was provided to the tenant to provide evidence of his inability to attend in person and if so a hearing by teleconference was proposed. The tenant says that he cannot attend in person or by phone but has not provided any evidence in support.
5. The tenant has provided evidence and submissions in relation to the claims. Essentially, while some questions are raised about the landlord’s calculation of the rent arrears, the tenant does not dispute that primary claim. The landlord’s other more minor claims can be determined with documentary evidence.
6. I have determined that without evidence of the tenant’s inability to attend in person or by phone, it would be unfair to the landlord to delay the hearing of its application.
7. I will not however hear the tenant’s counter claims in his absence or dismiss them for his non attendance. That would determine those claims and prevent his raising them again. In the circumstances is fair to leave open the tenant’s ability to resubmit those claims if he chooses.
8. 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?
9. The tenancy ended on 3 December 2024.
10. Unusually, at the tenant’s request, the rent was paid initially in large lump sums and later by monthly payments of $13,035.71. The tenant has a concern that the wrong sums were charged and that he overpaid. I have checked the claimed arrears by calculating the total rent due for the whole of the tenancy at
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a weekly rent of $3,000.00, allowing for 1 weeks’ rent abatement agreed by the landlord. From that I have deducted the total rent paid by the tenant over the term of the tenancy as recorded in the landlord’s rent summary. The difference representing unpaid rent accords with the sum claimed by the landlord and I am satisfied that the sum claimed is properly payable.
Did the tenant comply with their obligations at the end of the tenancy?
11. 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.
12. Though after some time the tenant did provide the landlord with keys for the property, the tenant did not, “…return to the landlord all keys, and security or pass cards or other such devices, provided by the landlord for the use of the tenant…” as required by s.40(1)(e)(iv) RTA. The landlord is entitled to be reimbursed the rekeying cost which is proved by the invoice provided.
13. The premises were provided fully furnished and a comprehensive chattels list was included. On that chattels list are a number of books, individually identified and shown in photographs taken when the tenancy began.
14. The property manager has given direct evidence that having himself undertaken inspections of the premises when the tenancy ended, some books were not there. Opportunity was given to the tenant to find and return them but that has not happened.
15. I find it proved on balance that the books included in the landlord’s application were at the premises when the tenancy began but not there when the tenancy ended. The landlord is entitled to be compensated for the replacement cost.
16. Some books were classic or limited edition. The landlord claims compensation based on the current bookseller price for buying replacements. In the case of such books, applying depreciation is not appropriate and I find that it would not be unfair to take those prices as a basis for compensating the landlord for their loss.
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17. [COMPANY] as Agent for [NAME] H N Al-Naama & [NAME] has succeeded with the claim I reimburse the filing fee.
[NAME]
11 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 landlord's calculation of rent arrears was confirmed by the Tribunal's own calculation.
- The tenant did not return all keys as required by law, entitling the landlord to rekeying costs.
- The tenant failed to return books that were present at the start of the tenancy, entitling the landlord to compensation.
- The landlord was compensated for replacement books at current prices because applying depreciation was not appropriate for classic or limited editions.
- The landlord's claim for reimbursement of the filing fee was successful.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal awarded the landlord $10,089.28 from the bond, covering rent arrears and compensation for lost books.
What was the dispute about?
The dispute was about the amount of rent arrears and whether the tenant had complied with their obligations at the end of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not provide evidence of their inability to attend the hearing and had not returned all keys and books as required.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(iv) and 40(1)(e)(ii)-(v) were applied.
What was the argument that mattered most?
The most important argument was that the tenant had not provided evidence of their inability to attend the hearing and had not returned all keys and books as required.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they comply with their obligations at the end of the tenancy and provide evidence if unable to attend a hearing.
What evidence or documents mattered?
The judgment mentions the rent summary, invoices for rekeying costs, and a chattels list with photographs of the books.