Tenant Ordered to Pay Rent Arrears and Compensate for Excessive Damage
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages that exceeded fair wear and tear. The tenant did not attend the hearing.
⚖️ Legal holding
A tenant must pay rent arrears and compensate for damages 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 leaving it in good condition when moving out. It also requires tenants to notify the landlord of any damage or needed repairs.
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. 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 rent arrears and compensate for damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages that exceeded fair wear and tear, as per the Residential Tenancies Act 1986. The tenant did not attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5136888
TENANCY TRIBUNAL AT
APPLICANT: [redacted] Owner
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 11, Unit/[ADDRESS], [POSTCODE]
AMENDED ORDER
This is an amended Order to include the filing fee and note the absence of the Tenant at the hearing.
1. [NAME] must pay [COMPANY] As Agent For Owner $968.74 immediately, being rent arrears to 21 November 2024.
2. The Bond Centre is to pay the bond of $840.00 (6530638-007) to [COMPANY] As Agent For Owner immediately.
Description Landlord Tenant Rent arrears $880.00 Replace furnishings: Carpet $901.74 Filing fee reimbursement $27.00 Total award $1,808.74 Bond $840.00 Total payable by Tenant to Landlord $968.74
Reasons:
1. The Landlord attended the hearing by telephone. The Tenant did not attend the hearing.
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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 21 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Is the tenant responsible for the damage to the premises?
4. 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.
5. 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.
6. 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.
7. 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.
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: carpet soiling. The carpet was soiled by the Tenant which covered an substantial part of the carpet. Ingoing and outgoing inspection photographs were provided and an invoice for the replacement. The Tenant suffered from medical issues. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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11. The amounts ordered are proved.
12. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
13. As [COMPANY] As Agent For Owner has wholly succeeded with the claim the Tenant must reimburse the filing fee.
A Aiolupotea 20 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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/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 provided proof of rent arrears through rent records.
- The tenant did not attend the hearing to dispute the claims.
- The tenant did not provide evidence to disprove liability for the carpet damage.
- The carpet damage exceeded fair wear and tear.
❌ Tends to be rejected
- The tenant did not present any defense or evidence to counter the landlord's claims.
- The tenant did not show that the damage was due to fair wear and tear.
- The tenant did not demonstrate that the damage was not caused by them or someone they permitted.
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 rent arrears and compensate for damages that exceeded fair wear and tear.
What was the dispute about?
The dispute was about the tenant owing rent arrears and causing damage to the premises beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and compensate for the damages because the landlord provided proof of the rent arrears and the extent of the damage.
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 proof provided by the landlord showing the rent arrears and the extent of the damage caused by the tenant.
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 have proof of rent arrears and any damages caused during the tenancy to support their case.
What evidence or documents mattered?
The evidence that mattered included rent records proving the amount owing at the end of the tenancy and photographs of the ingoing and outgoing inspections of the premises.