Tenant Liable for Rent Arrears and Property Damages
📌 In brief
The Tenancy Tribunal ended a tenancy due to abandonment and ordered the tenant to pay rent arrears and repair costs for damages to the property. The tenant was held responsible for these costs under New Zealand tenancy law.
⚖️ Legal holding
A tenant is liable for rent arrears and property damages occurring during the tenancy.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the landlord applies and the Tribunal is convinced that the tenant has left the property and owes rent. If the tenancy is ongoing (periodic), the Tribunal will figure out when the landlord first knew or should have known the tenant abandoned the property. Even if a tenant abandons the property, they are still responsible for paying rent for a certain period.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal terminated the tenancy due to abandonment and awarded damages for rent arrears and property repairs.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy due to abandonment and awarded damages for rent arrears and property repairs. The Tribunal found the tenant responsible for the damages and ordered payment of rent arrears and repair costs.
📚 Full judgment Official document
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[2025] NZTT 5192051
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlords
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] is to pay [NAME] $4,577.00 immediately, calculated as follows:
Description Landlord Rent arrears (and rent in lieu of notice) $5,150.00 Repair ceiling holes $200.00 Repair door hole $200.00 Application filing fee $27.00 Total award
$5,577.00 Minus Bond -
$1,000.00 Tenant to pay $4,577.00
2. [COMPANY] is to pay the full bond to [NAME] immediately.
Reasons:
1. The Landlord party attended the hearing.
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2. The Landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
Should the tenancy be terminated?
3. The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
4. On 28 March 2025 the Landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The neighbour of the Tenant was in contact with the Landlord and told them the Tenant had left. I have no direct evidence from the neighbour, but I am satisfied that this is the date when the Tenant did leave the premises. The rent was in arrears and the Tenant has not returned to the premises.
5. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
6. The Landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice: $5,150.00
7. The Landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of 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 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
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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 was caused during the tenancy:
a. Broken window ($196.65)
b. Ceiling holes ($200.00)
c. Bedroom door hole ($200.00)
15. The damage occurred during the tenancy, the Landlord say, is more than fair wear and tear, and the Tenant has not disproved liability for the damage.
16. The amounts ordered are proved.
17. 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.
18. [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 tenancy was terminated because the tenant abandoned the premises and rent was overdue.
- The landlord proved the amount of rent owing through provided rent records.
- The tenant is responsible for damage to the premises because it was more than fair wear and tear and the tenant did not disprove liability.
- The landlord successfully claimed 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 due to abandonment and ordered the tenant to pay rent arrears and repair costs for damages to the property.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears and was responsible for property damages that occurred during the tenancy.
How did the court decide, and why?
The court decided that the tenancy should be terminated due to abandonment and that the tenant was responsible for rent arrears and property damages. The court relied on the Residential Tenancies Act 1986.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 61
What was the argument that mattered most?
The argument that mattered most was proving that the tenant abandoned the premises and was responsible for the damages and rent arrears.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case, ordering them to pay rent arrears and repair costs.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they fulfill their rental obligations and address any property damages promptly to avoid financial penalties.
What evidence or documents mattered?
The evidence that mattered included rent records, proof of damages, and communication with the landlord regarding the abandonment of the premises.