Tenant ordered to pay $4,763.28 for rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered a tenant to pay the landlord $4,763.28 for unpaid rent, water bills, and window repairs. The landlord presented evidence of the amounts owed, and since the tenant did not attend the hearing, the claims were accepted without dispute.
⚖️ Legal holding
A tenant is liable for rent arrears, water rates, 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, the tenant must leave the premises clean and tidy and remove all their belongings and rubbish.
This rule states that a tenant is 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'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 $4,763.28 for rent arrears, water rates, and window repairs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $4,763.28 for rent arrears, water rates, and window repairs. The landlord provided proof of the amounts owed, and the tenant did not attend the hearing to contest the claims.
📚 Full judgment Official document
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[2025] NZTT 5172072
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] for [NAME] $4,763.28 immediately, as calculated and shown in table below.
Description Landlord Rent arrears $1,750.00 Filing fee reimbursement $27.00 Water rates $2,615.77 Window repairs $370.51 Total award $4,763.28 Total payable by Tenant to Landlord $4,763.28
Reasons:
1. The landlord attended the hearing, the tenant did not attend.
2. The landlord has applied for rent arrears, water bills, compensation, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
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3. The tenancy ended on 15 April 2025. The landlord provided rent records and water rates invoices which prove the amount of $1750.00 in rent arrears and $2615.77 in water bills owing at the end of the tenancy.
4. I am satisfied that the landlord has proven their claim for water bills and rent arrears.
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 tenant damaged two windows in the property during the tenancy. The landlord provided an invoice for the cost of the repairs and explained that the parties had an agreement to split the cost between them. The tenant share of the invoice is $370.51.
12. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
13. The amount ordered is proved.
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14. [COMPANY] for [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
J Northwood 09 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 arrears with provided records.
- The landlord proved the amount of water bills with provided invoices.
- The landlord proved their claim for water bills and rent arrears.
- The damage to the windows was more than normal wear and tear.
- The landlord successfully claimed reimbursement for the filing fee.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay the landlord $4,763.28 for rent arrears, water rates, and window repairs.
What was the dispute about?
The dispute was about the tenant owing rent arrears, water rates, and window repairs that exceeded fair wear and tear.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not attend the hearing to contest the claims, and the landlord provided sufficient evidence of the amounts owed.
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 the landlord's provision of evidence showing the amounts owed for rent arrears, water rates, and window repairs.
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 attend hearings to contest claims and provide evidence if they disagree with the landlord's claims.
What evidence or documents mattered?
The evidence that mattered included rent records, water rates invoices, and an invoice for window repairs.