Tenancy Terminated for Unpaid Rent and Window Damage
📌 In brief
The Tenancy Tribunal ended a rental agreement because the tenant owed back rent. The tenant was also ordered to pay for window repairs that the landlord claimed were caused during the tenancy.
⚖️ 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 rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy if they believe the landlord gave the notice because the tenant complained or used a right they have under their tenancy agreement or the law.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the tenant was ordered to pay damages.
📜 Headnote Official document
The Tenancy Tribunal terminated a tenancy for unpaid rent and ordered the tenant to pay damages for window repairs. The landlord proved the window was broken during the tenancy and exceeded fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5121348
TENANCY TRIBUNAL AT NEW PLYMOUTH | TE TARAIPIUNARA RETIHANGA KI NGĀMOTU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME] and [NAME], at 11.59pm on Friday 14 March 2025.
2. The landlord’s claim for a work order for cleaning and rubbish removal during course of the tenancy is withdrawn.
3. The landlord may file another application with the Tribunal for claims in relation to damage to the oven separately.
4. The [COMPANY] is to pay the bond of $2,320.00 (6405708-003) to [NAME] and [NAME] immediately.
5. [NAME] must pay [NAME] and [NAME] $4,430.39 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 14 March 2025 $6,177.14 Window repairs $546.25 Filing fee reimbursement $27.00 Total award $6,750.39 Bond $2,320.00 Total payable by Tenant to Landlord $4,430.39
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Reasons:
1. Only the landlord attended the hearing. I am satisfied the tenant has been served with notice of the hearing and she was telephoned numerous times but did not answer the telephone when called. The hearing therefore went ahead in her absence.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord also applied for a work order in relation to the tenant’s cleanliness/rubbish.
3. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
4. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy.
6. Adjustments were made by the Tribunal following additional submissions and evidence from the landlord to take into account a spreadsheet error. The amount the tenant has actually paid for this tenancy in total is $47,100. The tenancy is presently 91 weeks and 3 days long (to the hearing date) and the weekly rent is $580. Arrears to today’s date are therefore $5,928.57.
7. The landlord has agreed to give the tenant several days from today to move out and to undertake her obligations upon vacating a property under the Residential Tenancies Act 1986 such as rubbish removal and cleaning. I have therefore afforded the tenant until 14 March 2025 before the landlord may take possession. My order for arrears takes into account these additional days so the sum ordered in rent arrears is $6,177.14 which accounts for rent up to and including 14 March 2025.
8. I have applied the bond to this sum and ordered the [COMPANY] to pay this to the landlord.
9. Because the tenancy is terminated the landlord does not require a work order in respect of cleaning/rubbish and in those circumstances it would not be appropriate to grant one in any event. Of course the tenant must still clean the property to the required standard (reasonably clean and tidy) upon vacating the property in any event. Therefore, this part of the application is withdrawn.
Is the tenant responsible for the damage to the premises?
10. The landlord says the tenant damaged a window. She told the landlord that someone had smashed it and arranged her own glazier. When the invoice was not paid the glazier contacted the landlord. The landlord provided written
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evidence of an agreement with the tenant that he would pay the glazier direct and the tenant would then reimburse him.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. I am satisfied that a window was broken during the tenancy. I am satisfied that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I am satisfied that the landlord and tenant had an agreement that the landlord would pay the glazier and the tenant would reimburse them. The amounts ordered is proven.
18. 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 replacing this window, that the landlord says was almost brand new (this being a newly built property), I do not consider the replacement cost of a broken window requires depreciation.
Additional claim
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19. The landlord also wanted to add a claim for the replacement of an oven. This claim was only filed as a note on papers filed on 7 March and therefore there has been insufficient time for this additional claim to be notified to the tenant and for her to have adequate notice of this. The landlord may file another application for claims in relation to damage to the oven separately.
Filing fee and suppression
20. [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
21. No application was made for suppression.
[NAME]
11 March 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 landlord proved the window damage occurred during the tenancy.
- The tenant did not provide evidence to disprove their responsibility for the damage.
- The landlord and tenant had an agreement that the tenant would reimburse the landlord for the glazier's costs.
- The damage exceeded fair wear and tear.
❌ Tends to be rejected
- The tenant did not attend the hearing to dispute the claims.
- The landlord's claim for a separate damage to the oven was not given enough time to notify the tenant properly.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated for unpaid rent and the tenant was ordered to pay for window repairs.
What was the dispute about?
The landlord claimed the tenant owed back rent and damaged a window during the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy and order the tenant to pay for the window repairs because the landlord proved the damage occurred during the tenancy and exceeded fair wear and tear.
Which laws or rules were applied?
Sections 54 and 49B of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The landlord successfully argued that the tenant was responsible for the window damage because it occurred during the tenancy and exceeded 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 ordered to pay for damages if they owe back rent and damage the premises.
What evidence or documents mattered?
The judgment mentions rent records and an agreement between the landlord and tenant regarding the window repair costs.