Tenancy Terminated for Rent Arrears and Premises Damage
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed back rent and had caused damage to the premises. The Tribunal ruled that the tenant must pay the outstanding rent and compensate for the damages.
⚖️ Legal holding
A tenant is liable for rent arrears and damage to the premises during the tenancy.
📖 What the law says
This rule 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 the landlord or their family/agents.
This rule outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, notifying the landlord of damage or needed repairs, and leaving the property clean and empty of their belongings when moving out.
This rule states that a tenant is responsible for actions or inactions by anyone else they allow onto the property, if those actions would have been a breach of the tenancy agreement had the tenant done them. If someone else 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 tenancy was terminated due to rent arrears and damage to the premises.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and damage to the premises. The Tribunal found the tenant liable for the damages and ordered the payment of rent arrears and compensation.
📚 Full judgment Official document
__________________________________________________________________________________ 5194851 1
[2025] NZTT 5194851
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], Zest
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE], Zest is terminated, and possession is granted to [NAME], at 11.59 am on Monday 16 June 2025.
2. The [COMPANY] is to pay the bond of $1,520.00 (BN-00006562) to [NAME] immediately.
3. [NAME] must pay [NAME] $7,927.79 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears $8,360.00 Repairs: Door and lock $1,060.79 Filing fee reimbursement $27.00 Total award $9,447.79 Bond $1,520.00 Total payable by Tenant to Landlord $7,927.79
__________________________________________________________________________________ 5194851 2
Reasons:
1. The landlord attended the video hearing.
2. The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
3. The landlord has applied for termination of the tenancy, rent arrears, compensation and refund of the bond.
4. 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.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy will be $8,360.00.
Is the tenant responsible for the damage to the premises?
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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
__________________________________________________________________________________ 5194851 3
person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
12. A door and lock were damaged during the tenancy. The landlord provided evidence of the tenant attempting to break into the apartment. The damage caused was intentional. The landlord provided an invoice from the locksmith which included an after-hours call out charge. The invoice is for $1,060.79 and includes the body corporate administration fee of $28.75.The tenant had been provided with a copy of the body corporate rules at the commencement of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
13. The amount ordered is proven.
14. As [NAME] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
S Young
10 June 2025
__________________________________________________________________________________ 5194851 4
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/
__________________________________________________________________________________ 5194851 5
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.
- The landlord provided evidence of the tenant attempting to break into the apartment.
- The landlord showed that the damage to the door and lock was more than fair wear and tear.
- The landlord presented an invoice from the locksmith detailing the repair costs.
- The landlord demonstrated that the tenant did not provide any proof to disprove liability for the damage.
❌ Tends to be rejected
- The tenant did not attend the hearing and thus could not present any arguments.
- The tenant did not provide any evidence to refute the landlord's claims about rent arrears.
- The tenant did not offer any proof to show that the damage was due to fair wear and tear.
- The tenant did not challenge the amount of the bond being paid to them.
- The tenant did not dispute the calculation of the total amount owed to the landlord.
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 and ordered the tenant to pay rent arrears and compensate for damages.
What was the dispute about?
The dispute was about unpaid rent and damage to the premises during the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears and the tenant caused damage to the premises that exceeded fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was proving that the damage was caused by the tenant and exceeded fair wear and tear.
Was the decision for or against the person who brought the case?
The decision was against the tenant 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 if they owe rent arrears and cause significant damage to the premises.
What evidence or documents mattered?
The evidence that mattered included rent records showing arrears and a locksmith's invoice for repairs due to damage caused by the tenant.