Tenant ordered to pay $6,644 for rent arrears and repairs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $6,644 to the landlord, which includes rent arrears and the cost of repairing the front and garage doors. The tenant was found liable for these expenses as they were deemed damage beyond fair wear and tear.
⚖️ Legal holding
A tenant is liable for rent arrears and damage beyond fair wear and tear.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $6,644 to the landlord, including rent arrears and damages to the front and garage doors. The tenant was responsible for these costs as they were considered damage beyond fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5104669
TENANCY TRIBUNAL AT WHANGAREI | TE TARAIPIUNARA RETIHANGA KI WHANGĀREI-TERENGA-PARĀOA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $6,644.00 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 13 November 2024 $5,007.00 Re-glazing – front door $315.00 Replace garage door $1,322.00 Total award $6,644.00 Total payable by Tenant to Landlord $6,644.00
Reasons:
1. The tenancy ended on 13 November 2024.
2. [NAME]’s application sought rent arrears, repairs, change of locks, and pest eradication costs.
3. The hearing took place today, 21 March 2025 at the Whangarei Courts. [NAME] represented [NAME]. [NAME] attended by phone with the consent of the Tribunal. There was no appearance by [NAME].
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4. At the hearing [NAME] said that [NAME] wished to withdraw the claims for change of locks, pest eradication, and repair of a hole in the wall.
5. The remaining claim is for rent arrears and repairs that occurred during the tenancy (replacement of garage door, re-glazing of front door).
6. [NAME]’s rent record establishes rent arrears of $5,007.00 to the end of the tenancy. The rent arrears accrued during the first half of 2023, when the rent increased from $129 per week to $480 per week but the tenant continued to pay at the previous rate. [NAME] provided a copy of the notice of rent increase. The increase was lawful.
7. The amount of rent arrears is proven.
8. The garage door was badly damaged in May 2024. The tenant accidentally drove into it. [NAME] provided photographs of the damaged door. It could not be repaired. The cost of replacement is proven. Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy.
9. A glass pane next to the front door was broken in February 2024. The cost of re- glazing is proven. This is damage beyond fair wear and tear. The tenant is liable for this cost.
10. There was no bond for this tenancy.
[NAME]
21 March 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 that the tenant owed $5,007.00 in rent arrears because the tenant continued paying the old rate after a lawful rent increase.
- The landlord proved the tenant was liable for replacing the garage door because the tenant accidentally drove into it, causing damage beyond fair wear and tear.
- The landlord proved the tenant was liable for re-glazing the front door because a glass pane was broken, which is damage beyond fair wear and tear.
- The landlord withdrew claims for change of locks, pest eradication, and repair of a hole in the wall.
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 $6,644 to the landlord, including rent arrears and repairs to the front and garage doors.
What was the dispute about?
The dispute was about unpaid rent and the cost of repairing damages to the front and garage doors.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears and repairs because the damages were considered beyond fair wear and tear.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for the rent arrears and the cost of repairing the damages to the front and garage doors.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they pay their rent on time and are responsible for any damages beyond fair wear and tear.
What evidence or documents mattered?
Photographs of the damaged doors and the tenant's rent records were presented as evidence.