Tenancy Terminated Due to Rent Arrears and Window Damage
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed back rent and had damaged the windows. The Tribunal ruled that the tenant must pay for the repairs since the landlord showed that the damage happened during the tenancy and was beyond normal wear and tear.
⚖️ Legal holding
A tenant is liable for damages to the premises if the landlord proves the damage occurred during the tenancy and exceeded fair wear and tear.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue, or if the tenant has caused or threatened to cause significant damage to the property, or has assaulted or threatened to assault the landlord or others connected to the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and damage to the windows.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and damage to the windows. The Tribunal held the tenant liable for the damages, finding that the landlord had proven the damage occurred during the tenancy and exceeded fair wear and tear.
📚 Full judgment Official document
__________________________________________________________________________________ 5169911 1
[2025] NZTT 5169911
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agents For [NAME], at 11.59 pm, Wednesday, 2 April 2025.
2. The Bond Centre is to pay the bond of $1,480.00 (5645308-007) to [COMPANY] As Agents For [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agents For [NAME] $3,974.53 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to 2 April 2025 $3,388.57 Repairs: Windows - 1st event $585.93 Repairs: Windows - 2nd event $1,453.03 Filing fee reimbursement $27.00 Total award $5,454.53 Bond $1,480.00 Total payable by Tenant to Landlord $3,974.53
__________________________________________________________________________________ 5169911 2
Reasons:
1. [NAME] is the property manager from the landlord’s agent. [NAME] appeared via teleconference.
2. I called the tenant, [NAME], twice without success:
a. The first call was at 9.32 am. The call went straight to voicemail. I left a voicemail message. I introduced myself, the purpose of me calling him and the time I would call him again at 9.40 am.
b. The second call was at 9.42 am. The call went straight to voicemail. I left a voicemail message. I said I would proceed in his absence.
3. The hearing then proceeded in [NAME]’ absence.
Termination
4. The landlord has applied for termination of the tenancy, compensation, rent arrears and refund of the bond.
5. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
6. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Compensation for broken windows
7. The landlord has applied for compensation for damages to the windows during the tenancy.
Is the tenant responsible for the damage to the premises?
8. 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.
9. 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.
10. 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
__________________________________________________________________________________ 5169911 3
four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
11. 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 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.
12. 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.
13. 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.
14. The following damage to the windows was caused during the tenancy:
15. First Incident (November 2024)
a. A domestic dispute occurred between the tenant ([NAME]) and his female flatmate/partner.
b. [NAME]'s neighbour reported the incident to [NAME].
c. [NAME] arranged for repairs. [NAME] did not have photos to document the damage, he submitted an invoice for the window repairs.
d. This repair aligns with the work needed for the second incident (December 2024). On the balance of probabilities, I am satisfied that [NAME] or his female flatmate/partner intentionally damaged the windows.
e. The invoice amount for this incident is $585.93.
16. Second Incident (December 2024)
a. Another domestic dispute (same flatmate/partner).
b. [NAME] discovered the damage during a routine inspection on 16 December 2024.
c. He arranged for the repair job as soon as possible. Additionally, [NAME] provided an inspection report dated 16 December 2024, which contains photos showing the damage to the windows. On the balance of probabilities, I am satisfied that [NAME] or his female flatmate/partner intentionally damaged the windows
d. The invoice for the repair totals $1,453.03.
__________________________________________________________________________________ 5169911 4
17. During the hearing, [NAME] also told me there was a third incident (damaging windows). However, the tenant paid for the repairs privately without engaging the landlord.
18. The amounts ordered are proved.
Filing fee
19. [COMPANY] As Agents For [NAME] has wholly succeeded with the application I must reimburse the filing fee.
M Kan
02 April 2025
__________________________________________________________________________________ 5169911 5
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/
__________________________________________________________________________________ 5169911 6
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 that rent was at least 21 days in arrears when the application was filed, leading to tenancy termination.
- The landlord provided rent records that confirmed the amount of rent owed at the end of the tenancy.
- The tribunal was satisfied that the tenant or their flatmate intentionally damaged the windows during a domestic dispute in November 2024.
- The tribunal was satisfied that the tenant or their flatmate intentionally damaged the windows during a domestic dispute in December 2024, supported by an inspection report and photos.
- The landlord succeeded entirely with their application, entitling them to reimbursement of the filing fee.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and damage to the windows.
What was the dispute about?
The dispute was about whether the tenant owed back rent and was responsible for the damage to the windows.
How did the court decide, and why?
The court decided to terminate the tenancy and hold the tenant responsible for the rent arrears and window repairs because the landlord proved the damage occurred during the tenancy and exceeded fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 49B, were applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord provided proof that the damage to the windows occurred during the tenancy and was more than fair wear and tear.
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 might face termination of their tenancy and be held responsible for rent arrears and damages to the premises if the landlord can prove these occurred during the tenancy.
What evidence or documents mattered?
The evidence that mattered included rent records and invoices for window repairs.