Tenant Ordered to Pay $7,294 for Rent Arrears and Property Damage
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $7,294.17 to the landlord for rent arrears and various damages to the property. The landlord presented evidence of the damages and unpaid rent, while the tenant did not attend the hearing.
⚖️ Legal holding
A tenant is liable for damages to the premises that exceed fair wear and tear, and for rent arrears at the end of the tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in a similar condition when moving out. It also requires the tenant to notify the landlord of any damage or needed repairs.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay $7,294.17 to the landlord for various damages and rent arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $7,294.17 to the landlord for rent arrears and various damages to the property. The landlord provided proof of the damages and rent arrears, and the tenant did not attend the hearing.
📚 Full judgment Official document
__________________________________________________________________________________ 5100230 1
[2025] NZTT 5100230
TENANCY TRIBUNAL - Christchurch | Ōtautahi
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] as agent for [NAME] $7,294.17 immediately, calculated as shown in table below:
Description Landlord Tenant
Rent arrears to 12 November 2024 $2,500.00 Cleaning and rubbish removal $770.00 Skip hire $544.00 Lawns and garden work $345.00 Painting repairs to walls $442.75 Glazing; repair cat door in French doors $265.42 Insurance excess on claim for damage to exterior of house
$650.00
Carpet replacement - 7 x excesses of $650.00 $4,550.00 Filing fee reimbursement $27.00 Total award $10,094.17 Bond $2,800.00 Total payable by Tenant to Landlord $7,294.17
2. The Bond Centre is to pay the bond of $2,800.00 (6487496-004) to [COMPANY] as agent for [NAME] immediately.
__________________________________________________________________________________ 5100230 2
Reasons:
1. [NAME] represented the landlord. The tenants did not attend 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.
How much is owed for rent?
3. The tenancy ended on 12 November 2024. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
4. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
5. The tenant did not leave the premises, including the lawns and gardens, reasonably clean and tidy and did not remove all rubbish.
Is the tenant responsible for the damage to the premises?
6. A landlord must prove that damage to the premises occurred during the tenancy and is [NAME] 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.
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. 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.
9. 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.
10. The following damage was caused during the tenancy. Walls were damaged where adhesive hooks had been attached but did not remove cleanly.
__________________________________________________________________________________ 5100230 3
11. The tenants installed a cat door in the French doors that had to be removed requiring the glass to be replaced.
12. One of the tenants damaged part of the exterior of the house and garage by driving a car into it. The tenants’ liability is limited to the amount of the insurance excess.
13. The carpets, which were relatively new, were soiled with animal urine and had to be replaced. The insurer applied 7 excesses under the owner’s insurance policy as there were 7 areas of damage and therefore 7 events for insurance purposes. The tenants’ liability is limited to the combined amount of the excesses.
14. The amounts ordered are proved by invoices, photos, a pre-tenancy inspection report, and by the evidence [NAME] gave at the hearing.
15. As the application is successful, the tenants must pay the landlord’s Tribunal filing fee.
J Greene
21 February 2025
__________________________________________________________________________________ 5100230 4
Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for [NAME] 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/
__________________________________________________________________________________ 5100230 5
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 owing at the end of the tenancy with rent records.
- The tenant did not leave the premises, including the lawns and gardens, clean and tidy.
- The walls were damaged where adhesive hooks had been attached and did not remove cleanly.
- The tenants installed a cat door in the French doors, requiring glass replacement when removed.
- One of the tenants damaged the exterior of the house and garage by driving a car into it.
- The carpets were soiled with animal urine and had to be replaced, leading to multiple insurance excesses.
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 $7,294.17 to the landlord for rent arrears and various damages to the property.
What was the dispute about?
The dispute was about the tenant owing rent arrears and being responsible for damages to the property at the end of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not attend the hearing and the landlord provided proof of the damages and rent arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was the landlord's proof of the damages and rent arrears, and the tenant's failure to attend the hearing.
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 the hearing and provide evidence if they disagree with the landlord's claims.
What evidence or documents mattered?
The evidence that mattered included rent records, invoices, photos, and a pre-tenancy inspection report.