Tenant Ordered to Pay Rent Arrears and Compensate for Excessive Damage
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate for damages to the premises that exceeded fair wear and tear, according to the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is liable for rent arrears and damages to the premises that exceed fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires the tenant to keep the rental property reasonably clean and tidy, and to notify the landlord promptly about 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 rent arrears and compensate for damages exceeding fair wear and tear.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages to the premises that exceeded fair wear and tear, as per the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5070318
TENANCY TRIBUNAL - Christchurch | Ōtautahi
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] and [COMPANY] $828.94 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $1,280.00 (6222849-005) to [COMPANY] As [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 17 October 2024 $1,050.00 Cleaning $100.00 Cleaning carpets and couch $90.00 Carpet repairs $184.00 Window repairs (insurance excess) $250.00 Repair door lock $292.94 Wall repairs $115.00 Filing fee reimbursement $27.00 Total award $2,108.94 Bond $1,280.00 Total payable by Tenant to Landlord $828.94
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Reasons:
1. [NAME] attended the hearing. The tenant was phoned on the number provided but the calls went to voicemail.
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 17 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
4. The tenant did not leave the premises, including the carpets and a couch, reasonably clean as required by section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act).
5. The amounts ordered are proved by the production of invoices.
Is the tenant responsible for the damage to the premises?
6. To be successful in a claim for damage to the premises the landlord must prove that the damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act. 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: section 49B(3)(a) of the Act.
7. The following damage was caused during the tenancy: burns on the carpets; damage to walls, broken door lock; and broken ranchslider sidelite glass. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved by the production of invoices.
8. The landlord also claimed the cost to replace the mattress protector and oven tray but those claims were withdrawn by [NAME] at the hearing.
9. The landlord has been successful in its claims and is therefore entitled to payment of the Tribunal application fee.
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[NAME] 19 February 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 tenant did not clean the premises, including carpets and a couch, reasonably well.
- The landlord provided proof of rent arrears through rent records.
- The landlord showed invoices proving the amounts owed for damages.
- The damages, such as burns on carpets and broken door locks, exceeded fair wear and tear.
❌ Tends to be rejected
- The tenant did not provide evidence to disprove their responsibility for the damages.
- The tenant did not contest the amount of rent arrears claimed by the landlord.
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 rent arrears and compensate for damages to the premises that exceeded fair wear and tear.
What was the dispute about?
The dispute was about the tenant owing rent arrears and being responsible for damages to the premises that exceeded 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 damages were more than fair wear and tear and the tenant did not disprove liability.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), and 49B(3)(a) were applied.
What was the argument that mattered most?
The argument that mattered most was that the damages to the premises were more than fair wear and tear and the tenant had not disproved liability for the damages.
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 that any damages to the premises are reported and addressed promptly to avoid liability.
What evidence or documents mattered?
The evidence included rent records, invoices for damages, and the landlord's claim for compensation and bond refund.