Tenant Ordered to Pay Rent Arrears and Compensation for Premises Damage
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensation for damage to the premises. The tribunal found that the tenant was responsible for the costs.
⚖️ Legal holding
A tenant is liable for rent arrears and compensation for damage to the premises that exceeds fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent on time, keep the property reasonably clean and tidy, and notify the landlord of any damage or needed repairs. When moving out, the tenant must leave the property reasonably clean and tidy and remove all their belongings and rubbish.
This section makes a tenant responsible for the actions of anyone they allow onto the property, if those actions would have broken the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the property while the tenant is there, it is 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 compensation for damage to the premises.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensation for damage to the premises, ruling that the tenant is responsible for the costs.
📚 Full judgment Official document
__________________________________________________________________________________ 5208811 1
[2025] NZTT 5208811
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] $802.58 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 25 February 2025 $738.58 Stove $64.00 Total award $802.58 Total payable by Tenant to Landlord $802.58
Reasons:
1. The landlord attended the hearing via teleconference.
2. The tenants were called on the number provided but the calls were not answered. The absence of a party does not prevent the matter from being heard and determined.
3. The landlord has applied for rent arrears and compensation following the end of the tenancy.
How much is owed for rent?
4. The tenancy ended on 25 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
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Is the tenant responsible for the damage to the premises?
5. 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.
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: cracked glass hob. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
11. The landlord is not claiming for the replacement hob but is instead claiming $80.00 for providing a temporary stove while the hob was being sourced. The tenant has already been credited $16.00 towards this on 28 August 2024. I find that the remaining $64.00 is due and owing. The amount ordered is proved.
[NAME] 11 June 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. 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].
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/
⚖️ 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 using rent records.
- The damage to the cracked glass hob occurred during the tenancy and was more than normal wear and tear.
- The tenant did not successfully argue against being responsible for the damage.
- The landlord's claim for $64.00 for a temporary stove was proven.
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 compensation for damage to the premises.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears and was responsible for compensating the landlord for damage to the premises.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and compensate the landlord for the damage, as the damage exceeded fair wear and tear and the tenant failed to disprove liability.
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 proving that the damage to the premises exceeded fair wear and tear and that the tenant was responsible for the costs.
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?
For someone in a similar situation, it means they could be held responsible for rent arrears and damages to the premises that exceed fair wear and tear.
What evidence or documents mattered?
The evidence included rent records and proof of damage to the premises.