Landlord's Claims for Rent Arrears and Termination Dismissed
📌 In brief
In this Tenancy Tribunal case, the landlord's claims for rent arrears and termination of the tenancy were dismissed because the landlord failed to provide adequate proof. The tenant agreed to pay for repairs to the bathroom door.
⚖️ Legal holding
A tenant is not liable for rent arrears if the landlord fails to provide sufficient proof of the amount owed.
📖 What the law says
This rule states that a tenant must pay rent when it is due, keep the property reasonably clean and tidy, and notify the landlord of any damage or need for repairs. When the tenancy ends, the tenant must leave the premises, remove their belongings, and leave the property in a reasonably clean condition.
This rule makes a tenant responsible for the actions of anyone they allow onto the property, if those actions would have broken the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the property while the tenant is there, it's assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal dismissed the landlord's claims for rent arrears and termination of the tenancy due to lack of proof. The tenant agreed to pay for repairs to the bathroom door.
📜 Headnote Official document
The Tribunal dismissed the landlord's claims for rent arrears and termination of the tenancy due to lack of proof. The tenant acknowledged responsibility for accidental damage to the bathroom door and agreed to pay for repairs.
📚 Full judgment Official document
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[2025] NZTT 5050231
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] is to pay [COMPANY] $450.78, immediately, calculated as shown in table below.
Description Landlord Tenant Repair bathroom door Filing fee
$423.78 27.00
Total award $450.78 Total tenant to pay landlord $450.78
2. All other claims are dismissed.
Reasons:
1. Ms [NAME], representing the landlord, and [NAME], the tenant, both attended the teleconference hearing.
2. The landlord has applied for termination of the tenancy, rent arrears, compensation and reimbursement of the filing fee.
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How much is owed for rent? Should the tenancy be terminated?
3. The landlord provided rent records but the rent records only went to 30 October 2024. The landlord did not provide an updated rent summary immediately prior to the hearing. At the hearing, the landlord said the tenant owes $4,813.77 to 31 March 2024, but as there was no updated rent summary provided to show this, the landlord was unable to prove this claim. The landlord asked to email in an updated rent summary during the hearing, but the tenant said he would not be able to access email and see or discuss any new evidence sent in during the hearing, so in the interests of fairness, I did not allow the landlord to email in an updated rent summary during the hearing. I note though, that any updated rent summary could have been provided by the landlord before the hearing and could then have been copied to the tenant by them but was not.
4. As the landlord is unable to prove their rent arrears claim, I dismiss this claim.
5. The landlord also applied to terminate the tenancy based on the tenant being more than 21 days in arrears. As the landlord did not provide a complete and updated rent summary, the landlord could not prove this claim either and so I dismiss this claim.
6. I note the tenant said he started a full-time job 2 weeks ago and was willing to make significant payments of around $500.00/week, on top of any weekly rent paid, to reduce any rent arrears. The parties can make their own arrangements about this now.
Is the tenant responsible for the damage to the premises?
7. 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.
8. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
9. Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
10. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section
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49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
11. Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
12. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
13. The landlord said the tenant broke the bathroom door and it cost them $423.78 to repair the broken bathroom door. The landlord had sent in the incorrect invoice for this and so could not prove the amount of this claim. However, the tenant acknowledged that the bathroom door had been accidentally broken by his cousins when at the property and consented to pay the amount claimed by the landlord to repair the bathroom door in the amount of $423.78. Therefore, as the tenant has consented to pay this, I award the landlord $423.78 to repair the bathroom door.
14. [COMPANY] has partly succeeded with the claim I reimburse the filing fee.
C Price
01 April 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 acknowledged that his cousins accidentally broke the bathroom door.
- The landlord provided an invoice for the repair of the bathroom door, even though it was initially incorrect.
❌ Tends to be rejected
- The landlord claimed the tenant owed $4,813.77 in rent arrears but could not provide an updated rent summary.
- The landlord attempted to send an updated rent summary during the hearing, but the tenant refused to access it.
- The landlord tried to terminate the tenancy based on the tenant being more than 21 days in arrears without providing a complete and updated rent summary.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal dismissed the landlord's claims for rent arrears and termination of the tenancy, and allowed the claim for repair costs.
What was the dispute about?
The dispute was over whether the tenant owed rent arrears and whether the tenancy should be terminated.
How did the court decide, and why?
The court decided to dismiss the landlord's claims because the landlord did not provide an updated rent summary to prove the amount owed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The most important argument was that the landlord failed to provide sufficient proof of the rent arrears.
Was the decision for or against the person who brought the case?
The decision was against the landlord, who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have all necessary documentation to prove their claims.
What evidence or documents mattered?
The updated rent summary was crucial, but the landlord did not provide one before the hearing.