Published tribunal order
Tenancy Tribunal case 5396082 — Rent arrears
Decided 18 Feb 2026 · Published 18 Feb 2026 · Application 5396082
- Rent arrears
- Property damage
- Cleanliness
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 tenants’ and landlord’s name and identifying details. 2.
- [Tenant 1] is to pay
- The Bond Centre is to pay the bond of ([Bond number suppressed]) immediately apportioned as follows: : : : : Table A Liabilities attributable to all three tenants
Reasons
- [The landlord’s representative] attended the hearing on behalf of the landlord. [Tenant 3] and [Tenant 2] attended on behalf of the tenants. [Tenant 1] did not seek to be admitted to the hearing at the scheduled time.
- 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 and water rates?
- The parties signed a fixed term tenancy to begin on 1 March 2025 and end on 1 March 2026. Difficulties arose between the tenants during the tenancy. On 28 November 2025 [Tenant 3] and [Tenant 2] left the tenancy pursuant to section 56B, the domestic violence provision, of the Residential Tenancies Act, 1986, (the “RTA”).
- The landlord then consented to [Tenant 1] terminating the tenancy on 30 November 2025 without the landlord seeking any rent arrears or break lease fees past this date.
- The rent arrears until 28 November 2025 is $730.00. The tenants say that [Tenant 1] had ceased paying rent about a month before this, and they had been paying his portion of the rent.
- I determine all three tenants are liable for the $730.00 rent arrears until 28 November 2025.
- The rent arrears for the last two days of the tenancy amounts to $208.57. Because [Tenant 1] was the only person still on the tenancy for these two days, he is solely liable for this rent arrears.
- The landlord provided a rent summary in support of this claim.
- The landlord is claiming $59.00 for the final water rates reading. The tenants do not dispute this claim. The liability for unpaid water invoice falls to all three tenants.
- These claims and the amounts ordered are proved.
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 landlord is claiming $115.00 for cleaning two small marks on the carpet. One mark was a blue stain the size of a $2.00 coin. The second mark was a slight discolouration on the carpet from where a piece of furniture had been sitting.
- Because it appears the marks came out of the carpet, I do not consider the marks to be damage. When I consider this claim as a cleanliness issue, I consider it is questionable whether either of the marks take the condition of the carpet below a reasonably clean and tidy level. On balance I have made an award for half of the amount sought.
- This claim is partially proved and is the liability of all three tenants.
- At the end of the tenancy, [Tenant 1] left rubbish and belongings behind. The landlord hired [Removal company] to remove them. The landlord provided an invoice for $309.00. This claim is proved and is the responsibility solely of [Tenant 1], as the other tenants say they had already removed their belongings.
- The amounts ordered are proved.
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 says the tenant placed five pieces of tape above a window to hold a piece of fabric against a window. At the end of the tenancy when the landlord removed these five pieces of tape, they also pulled away a small amount of paint work.
- The landlord says the tenants touched-up two small paint marks on one wall but used the wrong shade of paint. The landlord is claiming $299.00 for the repairs.
- The landlord provided photographs in support. The photographs did not show any damage, but I accept there was a very small amount of damage.
- The tenant considers this claim an excessive amount to repair the damage.
- I must take into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
- I have therefore reduced the amount I have awarded.
- The amounts ordered are proved. This claim is the responsibility of all three tenants. The bond calculation
- The tenants paid a bond of $2,920.00.
- The landlord has a claim against all three tenants of $1,084.50.
- This leaves a balance of $1,835.50. When divided between the three tenants this amounts to $611.83 each.
- The landlord then has a claim solely against [Tenant 1] as in Table B, for $517.57. When this is deducted from his bond amount (rounded up) of $611.84, this leaves $94.24.
- The landlord’s portion of the bond is $1,084.50 from all tenants, plus $517.57 from [Tenant 1]. This equals $1,602.07. The filing fee
- Because has substantially succeeded with the claim I have reimbursed the filing fee. This is the responsibility of all three tenants. Name suppression
- Because I accept the landlord’s and tenants’ views that this claim involves sensitive material, I have suppressed the names and identifying information for all parties. See RTA section 95A(4).