Tenant Ordered to Pay $4,458.94 for Rent Arrears and Window Repairs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $4,458.94 for rent arrears and window repairs. The tenant was held responsible for these costs as the damages to the ranch slider glass were considered more than fair wear and tear.
⚖️ 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 section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and notifying the landlord of any damage or needed repairs. When moving out, a tenant must leave the premises in a reasonably clean and tidy condition and remove all their belongings and rubbish.
This section states that a tenant is responsible for the actions of anyone they allow onto the property, if those actions would have been a breach of 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 $4,458.94 for rent arrears and window repairs.
📜 Headnote Official document
The Tenancy Tribunal awarded the landlord $4,458.94 for rent arrears and window repairs. The tenant was found responsible for these costs as the damages exceeded fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5129414
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Bombay, RD1, Bombay 2675
ORDER
1. [NAME] must pay [NAME] $4,458.94 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $4,180.00 Window repairs: Ranch slider glass replacement $278.94 Total award $4,458.94 Total payable by Tenant to Landlord $4,458.94
Reasons:
1. The landlord attended the hearing via remote teleconference. There was no attendance by the tenant. An attempt to contact the tenant on the telephone number provided went unanswered to voicemail. The hearing continued in the tenant’s absence.
2. The landlord has applied for rent arrears and compensation following the end of the tenancy.
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How much is owed for rent?
3. The tenancy ended on 19 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord confirmed during the hearing that she is only charging the tenant rent arrears up to 13 January 2025. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for this debt.
4. The claim for rent arrears is proven.
Is the tenant responsible for the damage to the premises?
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. The landlord claims that the tenant damaged the ranch slider glass which required replacing. The landlord provided exit photographic evidence of the damage along with an invoice from [COMPANY] dated 31 January 2025. I
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have also sighted the landlord’s entry photographic evidence in support of this claim.
12. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Having sighted the landlord’s evidence I am satisfied that the tenant is responsible for this damage.
13. The amount ordered is proved.
14. The landlord confirmed during the hearing that she does not seek reimbursement of the filing fee.
[NAME]
22 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 tenant is responsible for rent arrears up to 13 January 2025 as proven by the landlord's rent ledger.
- The damage to the ranch slider glass is more than fair wear and tear based on photographic evidence and an invoice.
- The landlord provided clear evidence of the damage, including entry and exit photos and a repair invoice.
- The tenant did not provide any evidence to disprove liability for the damage to the ranch slider glass.
- The amount ordered is supported by the landlord's evidence and calculations.
❌ Tends to be rejected
- The tenant did not attend the hearing nor provide any counter-evidence or arguments.
- The tenant did not respond to attempts to contact them, leaving no opportunity to defend themselves.
- The tenant did not offer any proof that the damage occurred before the relevant date or was not their responsibility.
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 tenant to pay the landlord $4,458.94 for rent arrears and window repairs.
What was the dispute about?
The dispute was about whether the tenant was responsible for rent arrears and the cost of replacing the ranch slider glass due to damage exceeding fair wear and tear.
How did the court decide, and why?
The court decided that the tenant was responsible for the rent arrears and window repairs because the damages were more than fair wear and tear, 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 damages to the ranch slider glass were more than fair wear and tear, and the tenant had not disproved liability.
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 that any damages to the rental property are reported and addressed promptly to avoid liability.
What evidence or documents mattered?
The evidence included rent records, exit photographic evidence of the damage, and an invoice from the repair company.