Tenant ordered to pay $1,817.00 for rent arrears and damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $1,817.00 for unpaid rent and damages to the rental property. The landlord presented evidence showing the amount of rent due and the extent of the damage.
⚖️ Legal holding
A tenant is liable for rent arrears and damages to the premises during the tenancy period.
📖 What the law says
This rule states that a tenant must pay rent on time as agreed in the tenancy agreement. It also requires the tenant to keep the premises reasonably clean and tidy, and to leave them in that condition when moving out.
This rule 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's 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 tenant to pay the landlord $1,817.00 for rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,817.00 for rent arrears and damages to the premises during the tenancy period. The landlord provided proof of the amount owing for rent and the tenant was found responsible for the damage.
📚 Full judgment Official document
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[2025] NZTT 5176832
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] As Trustee For The [COMPANY] And [COMPANY] $1,817.00 immediately, calculated as shown in table below.
Description Landlord Rent arrears to termination $1,500.00 Damage insurance excess $650.00 Filing fee reimbursement $27.00 Total award $2,177.00 Bond $360.00 Total payable by Tenant to Landlord $1,817.00
2. The Bond Centre is to pay the bond of $360.00 (3286800-007) to [NAME] As Trustee For The [COMPANY] And [COMPANY] immediately.
Reasons:
1. Only the landlord attended the hearing.
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 landlord provided rent records which proves the amount owing for rent at the end of the tenancy was $1,500.00.
Is the tenant responsible for the damage to the premises?
4. 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. See sections 40(2)(a), 41 and 49B RTA.
5. The tenant broke several windows during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord was insured for the damage. The excess was $650.00.
Filing Fee
6. Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.
[NAME] 23 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 provided rent records proving $1,500.00 in rent arrears.
- The tenant broke several windows during the tenancy, causing damage beyond fair wear and tear.
- The landlord was insured for the damage, with an excess of $650.00.
- The landlord successfully claimed the filing fee of $27.00.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay the landlord $1,817.00 for rent arrears and damages to the premises.
What was the dispute about?
The dispute was about the tenant owing rent arrears and causing damage to the rental property.
How did the court decide, and why?
The court decided that the tenant was responsible for paying the rent arrears and damages because the landlord provided proof of the amount owing and the tenant did not disprove liability.
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 most important argument was that the landlord provided proof of the rent arrears and the tenant did not provide evidence to disprove their responsibility for the damages.
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 have proof of any rent arrears and damages to the premises to support their case.
What evidence or documents mattered?
The rent records and evidence of the damage to the premises mattered in this case.