Tenant Found Liable for Rent Arrears and Excessive Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $4,417.64 for unpaid rent and repairs needed due to damage beyond normal wear and tear. The tenant did not show up to the hearing and could not provide evidence to refute the claims.
⚖️ Legal holding
A tenant is liable for rent arrears and damages to the premises that exceed fair wear and tear.
📖 What the law says
This rule states that a tenant must pay rent on time, keep the property reasonably clean and tidy, and notify the landlord of any damage or needed repairs. When moving out, the tenant must leave the property in a reasonably clean and tidy condition and remove all their belongings and rubbish.
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 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 awarded the landlord $4,417.64 for various claims including rent arrears and repairs.
📜 Headnote Official document
The Tenancy Tribunal awarded the landlord $4,417.64 for rent arrears and various repairs to the premises. The tenant failed to attend the hearing and did not provide evidence to disprove liability for the damages.
📚 Full judgment Official document
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[2025] NZTT 5073408
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $4,417.64 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $2,080.00 (3257148-008) to [NAME] immediately.
Description Landlord Tenant Rent arrears $2,300.00 Electrical fittings replacement/repair $369.77 Repairs: kitchen repairs $454.75 Door repairs $587.20 Window repairs $573.92 Repairs: Window latches $149.50 Repairs: Hole repairs $701.50 Repairs: Kitchen Sink $782.00 Repairs: Cupboard doors $414.00 Wallpaper repairs $92.00 Handle repairs $46.00 Filing fee reimbursement $27.00 Total award $6,497.64 Bond $2,080.00 Total payable by Tenant to Landlord $4,417.64
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Reasons:
1. This case was first before me on the 3rd February and an adjournment was sought by the tenant and granted. The tenant failed to attend today’s hearing top present his case as he indicated previously. I made three attempts to contact the tenant and the call went unanswered. The failure of a party to attend a hearing does not preclude me from hearing and determining the case.
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.
3. The landlord has claimed for some damages that I do not accept on the evidence is caused by the tenant, it appears to be fair wear and tear on the evidence presented to me as discussed with the landlord. That being the leak in the bathroom and repainting of a ceiling. This part of the claim is dismissed.
4. I am not prepared to award further costs for the time and inconvenience to the landlord as a landlords costs in running a business is in my view a business expense. This claim is not proven.
How much is owed for rent?
5. The tenancy ended on 8 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
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
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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 person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
12. There was significant damages as itemised in the table above that required repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
13. The amounts ordered are proved.
14. I have taken into account betterment and depreciation. 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 calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
15. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
15 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 landlord proved the amount of rent owing at the end of the tenancy with rent records.
- The landlord proved that significant damage occurred to the premises beyond normal wear and tear.
- The tenant did not disprove their liability for the damages to the property.
- The amounts claimed for repairs were proven by the landlord.
- The landlord was reimbursed for the filing fee because they wholly succeeded with their claim.
❌ Tends to be rejected
- The tenant failed to attend the hearing to present their case.
- The landlord's claim for a leak in the bathroom and repainting a ceiling was dismissed as it appeared to be fair wear and tear.
- The landlord's claim for additional costs for time and inconvenience was not awarded as it was considered a business expense.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided that the tenant must pay the landlord $4,417.64 for rent arrears and repairs to the premises.
What was the dispute about?
The dispute was about whether the tenant was responsible for rent arrears and repairs to the premises that exceeded fair wear and tear.
How did the court decide, and why?
The court decided that the tenant was liable for the rent arrears and repairs because the tenant failed to attend the hearing and did not provide evidence to disprove the landlord's claims.
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 argument that mattered most was that the tenant failed to attend the hearing and did not provide evidence to disprove the landlord's 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?
For someone in a similar situation, failing to attend a hearing and not providing evidence to disprove claims can result in being held liable for rent arrears and repairs.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.