Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears, power bills, and damages for ranch slider handle. The landlord successfully proved the tenant's responsibility for these costs under the Residential Tenancies Act.
⚖️ Legal holding
A tenant is liable for rent arrears, utility bills, and damages to the premises beyond fair wear and tear.
📖 What the law says
This rule states that a tenant must pay rent when it's due and keep the rented property reasonably clean and tidy. It also requires the tenant to notify the landlord of any damage or needed repairs and to leave the property clean and tidy when moving out.
This rule 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's assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears, power bills, and damages for ranch slider handle.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, power bills, and damages for ranch slider handle. The landlord proved the tenant's liability for these costs under the Residential Tenancies Act.
📚 Full judgment Official document
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[2026] NZTT 5459344
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
2. [NAME] must pay [The landlord/s] $6,452.44 immediately being rent arrears to 7 March 2026, power bills, reimbursement of the filing fee and damages for ranch slider handle, as calculated and shown in table below.
Description Landlord Rent arrears to 07/03/26 $5,400.00 Filing fee reimbursement $28.00 Power bills $840.44 Ranch slider handle $184.00 Total award $6,452.44 Total payable by Tenant to Landlord $6,452.44
Reasons:
1. The landlord attended the hearing, the tenant did not attend. The Tribunal rang the tenant twice on his mobile number, but it disconnected without going to answerphone. The tenant was served with the notice of hearing and has not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in the absence of the tenant.
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2. The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and power bills?
3. The tenancy ended on 7 March 2026. The landlord provided rent records and power bills which prove the amount owing at the end of the tenancy.
4. The rent summary shows the tenant owes $5400.00 in rent arrears and $840.44 in power bills.
5. I am satisfied that the landlord has proven their claim for the rent arrears and power bills.
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 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
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12. The landlord claims the tenant caused damage to the ranch slider handle during the tenancy. The tenant had advised the landlord that he had damaged the ranch slider handle and that he would pay for the cost of the repair. To date the tenant has not paid for the damage to the ranch slider door handle.
13. The landlord has provided a copy of the invoice for the repairs.
14. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I am satisfied that the landlord has proven her claim for the Ranch slider handle repairs.
15. The amounts ordered are proved.
16. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
17. The landlord has asked for suppression of her name and details at the hearing. As the landlord has been successful, I am granting suppression of her name and details.
[NAME] 16 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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 landlord proved the amount of rent and power bills owed by providing records.
- The tenant admitted damaging the ranch slider handle and agreed to pay for repairs.
- The landlord provided an invoice for the ranch slider handle repairs.
- The damage to the ranch slider handle was more than normal wear and tear.
- The landlord was reimbursed the filing fee because they fully won the claim.
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, power bills, and damages for ranch slider handle.
What was the dispute about?
The landlord claimed the tenant owed rent arrears, utility bills, and damages for property damage.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to attend the hearing and did not disprove the landlord's claims.
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 landlord argued that the tenant was responsible for rent arrears, utility bills, and damages to the premises beyond fair wear and tear.
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 hearings and provide evidence to disprove claims against them.
What evidence or documents mattered?
The judgment mentions rent records, power bills, and an invoice for repairs as the key evidence.