Tenancy Tribunal Orders Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenants to pay rent arrears and damages to the premises. The landlord provided proof of rent arrears and damages, and the tenants did not attend the hearing.
⚖️ Legal holding
A tenant is liable for rent arrears and damages to the premises during the tenancy.
📖 What the law says
This section states that a tenant must pay rent when it is due under their tenancy agreement. It also requires tenants to keep the premises reasonably clean and tidy, and to leave them in that condition when the tenancy ends, removing all their belongings and rubbish.
This section makes a tenant responsible for the actions of anyone they allow into the premises, if those actions would have broken the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the premises while the tenant is there, it is assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenants to pay rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to pay rent arrears and damages to the premises. The landlord provided proof of rent arrears and damages, and the tenants did not attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5083089
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. [NAME] and [NAME] must pay [The landlord/s] $5,312.47 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 21 January 2025 $6,110.00 Repair sliding door lock $279.65 Repair bathroom drawer slider rails $65.72 Replace wi-fi router $240.10 Filing fee reimbursement $27.00 Total award $6,722.47 Bond (held by landlord) $1,410.00 Total payable by Tenant to Landlord $5,312.47
Reasons:
1. The landlord attended the hearing. The tenants did not attend.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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How much is owed for rent?
3. The tenancy was a fixed term tenancy until 22 August 2025. The tenants remain liable for rent until the end of the fixed term or until a new tenancy started.
4. The tenants vacated the tenancy on 4 December 2024. A new tenancy started on 25 January 2025. The landlord seeks rent until 21 January only. The landlord provided rent records which prove the amount of rent owing at that date.
Did the tenant comply with their obligations at the end of the tenancy?
5. 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 (RTA).
6. The wi-fi router was missing at the end of the tenancy.
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. The following damage was caused during the tenancy: sliding door locks were broken and had to be replaced and a cupboard in the bathroom had the sliding mechanism damaged. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
9. The amounts ordered are proved by invoices and by the evidence the landlord gave at the hearing.
10. As the application is successful, the tenants must pay the landlord’s Tribunal filing fee.
J Greene 08 May 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 amount of rent owing with provided rent records.
- The tenants were held responsible for rent until a new tenancy started, as their fixed term had not ended.
- The wi-fi router was missing at the end of the tenancy, which meant the tenants did not meet their obligations.
- The damage to the sliding door locks and bathroom cupboard was more than fair wear and tear.
- The amounts ordered for repairs were proven by invoices and the landlord's evidence.
❌ Tends to be rejected
- The tenants failed to disprove liability for the damage to the premises.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenants to pay rent arrears and damages to the premises.
What was the dispute about?
The dispute was about the tenants owing rent arrears and causing damages to the premises during the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the landlord provided proof of rent arrears and damages, and the tenants did not attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The most important argument was that the landlord provided proof of rent arrears and damages, and the tenants did not attend the hearing to contest these claims.
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 should ensure they provide clear proof of rent arrears and damages if they wish to pursue such claims in the Tenancy Tribunal.
What evidence or documents mattered?
The judgment mentions rent records and invoices as the key evidence provided by the landlord.