Tenant Ordered to Pay Over $50,000 in Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered a tenant to pay over $50,000, including rent arrears and various damages exceeding fair wear and tear, after the tenant failed to vacate the premises properly and caused extensive damage.
⚖️ Legal holding
A tenant is liable for rent arrears and damages caused during the tenancy that exceed fair wear and tear.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the premises reasonably clean and tidy, and leaving the property in good condition with all goods and rubbish removed when the tenancy ends. In this case, the tenant failed to pay rent and did not leave the premises in a reasonably clean and tidy condition.
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. This means the tenant is accountable for damage caused by their guests or other people they permit on the premises.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenant Tribunal ordered the tenant to pay significant damages and rent arrears following the tenant's breach of obligations at the end of the tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $52,165.78, including rent arrears and various damages exceeding fair wear and tear, after the tenant failed to vacate the premises properly and caused extensive damage.
📚 Full judgment Official document
__________________________________________________________________________________ 5154671 1
[2025] NZTT 5154671
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
[NAME] must immediately pay [COMPANY] $52,165.78 immediately, calculated as shown in table below.
Description Landlord Rent arrears to the end of 9 December 2024 $300.00 Cleaning $438.95 Rubbish removal $1,097.84 Lock/key replacement Moving and storing tenant’s belongings
$354.02 $1,839.18
Securing premises after eviction $544.98 Repainting/redecorating $5,267.03 Replace vinyl flooring $1,134.46 General carpentry repairs $3,135.40 Repairing destroyed kitchen cabinetry $12,957.25 Replacing carpet $1,742.00 Replacing curtains $981.69 Replacing light fitting $1,484.30 Replace damaged heat pump $2,848.65 Replace rangehood, stove, $1,469.70 Replace bathroom mirror $146.52 Window repairs $492.65 Electrical report - safety $296.64 Replace toilet and bathroom fixtures $1,118.12 Plaster board repairs $10,073.84 Replace doors $4,442.56 Total award $52,165.78
__________________________________________________________________________________ 5154671 2
Reasons:
1. [NAME] attended the hearing for the landlord.
2. The tenant did not attend. The hearing proceeded in their absence.
3. The landlord has applied for rent arrears, and compensation for its costs incurred due to the tenant’s breaches.
How much does the tenant owe for rent?
4. The tenancy ended on 9 December 2024.
5. The landlord provided rent records that prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
6. At the end of the tenancy the tenant must quit the premises, remove all his or her goods from the premises, leave the premises reasonably clean and tidy, remove all rubbish, and return all keys and security devices, and leave all chattels provided for their benefit.1
7. The tenant did not quit the premises, remove his belongings, leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return the keys.
8. The landlord regained possession of the premises by way of eviction. It had to change the locks but needed to secure the premises temporarily. The tenant is liable for these costs because they result from his failure to vacate the premises as ordered by the Tribunal.
9. The landlord moved and securely the tenant’s belongings at the cost of $1,839.18. The tenant must reimburse the landlord for this cost.
10. The landlord proved the amounts set out in the table above must be ordered.
Is the tenant responsible for the damage to the premises?
11. Regrettably, the tenant deliberately destroyed many of the house’s structural elements, fittings, fixtures, and chattels, including the walls, the kitchen cabinetry, the curtains and curtain fittings, the heat pump, the carpet and vinyl, the light fittings, and the toilet.
12. Landlords must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If the landlord establishes this, 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.2
13. A landlord’s insurance cover can affect a tenant’s liability. However, the landlord is not insured for the damage here, so the issue does not arise.
1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41, and 49B.
__________________________________________________________________________________ 5154671 3
14. The damage referred to in the table above relate to damage caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
15. The landlord proved the damage and its repair costs on the balance of probabilities.
16. I have taken account of betterment and depreciation. The Tribunal should return the landlord to the position they would have been in had the tenant not breached their obligations, and not to a better or worse position. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their probable useful lifespan.
17. The tenant is liable also for the cost of an electrical report necessitated by the severity of the damage to the walls and fixtures.
[NAME]
06 June 2025
__________________________________________________________________________________ 5154671 4
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 0800 836 262 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 http://www.tenancy.govt.nz/disputes/enforcing-decisions/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant owes $300 for rent arrears as proven by the landlord's rent records.
- The tenant must pay $1,839.18 for the moving and storage of their belongings.
- The tenant is responsible for the costs of securing the premises after eviction.
- The tenant is liable for the damage to the premises that exceeded fair wear and tear.
- The tenant did not provide evidence to disprove their responsibility for the damage.
❌ Tends to be rejected
- The tenant's absence at the hearing did not prevent the landlord from proving the costs.
- The landlord's lack of insurance coverage did not absolve the tenant of liability for the damage.
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 $52,165.78, including rent arrears and various damages exceeding fair wear and tear.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and the extensive damage caused to the rental property.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears and damages because the tenant failed to vacate the premises properly and caused extensive damage beyond fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant's actions resulted in extensive damage to the rental property, which exceeded fair wear and tear.
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 fulfill their obligations at the end of a tenancy and avoid causing unnecessary damage to the rental property.
What evidence or documents mattered?
The evidence included rent records and proof of the extent of the damage caused by the tenant.