Published tribunal order
Tenancy Tribunal case 5081648 — Rent arrears
Decided 22 May 2025 · Published 22 May 2025 · Application 5081648
- Rent arrears
- Property damage
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details. 2. 3.
- The debt is to be repaid by weekly payments of $100.00 with the first payment on Thursday 5 June 2025 and continuing each Thursday after that until the debt is fully paid.
- If any payment required by Order 4 is not made within 2 working days of the due date, the whole of the remaining debt will be payable in full immediately.
Reasons
- All parties attended the hearing which was held by teleconference.
- The landlord applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- The hearing was adjourned to today in an Order dated 31 March 2025. with a direction that all evidence to be considered at the hearing was to be filed and served in advance.
How much is owed for rent?
- The tenancy ended on 29 October 2025. At that date arrears of $2,255.00 were owed. A payment of $2,00.00 has been made to the landlord from the bond, some of which was applied to rent arrears leaving a balance owing of $555.00.
- There is no dispute over the water rates owed at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
- 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.
- The landlord has a claim for cleaning costs but has not provided evidence to prove that the tenants breached their obligation to leave the premises reasonably clean and tidy. That claim is declined.
Is the tenant responsible for the damage to the premises?
- 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.
- The landlord claims $660.98, as the balance owing for the outstanding water rates and the cost of repairing wall damage, floor damage and cleaning and rehanging curtains, after applying some of the refunded bond to those costs. The damage is proved by photographs provided by the landlord.
- The claim includes $300.00 for cleaning costs which I have dismissed. The balance of $360.98 is awarded.
- The parties have agreed arrangements for payment of the amount owed.
- Because [The applicant/s] has substantially succeeded with the claim I must reimburse the filing fee.