Tenant Ordered to Pay Rent Arrears and Damages

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[2026] NZTT 5507412, 5512249

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME] and [NAME], immediately.

2. [NAME] must pay [NAME] and [NAME] $3,734.95 immediately, calculated as shown in the table below.

Description Landlord Tenant Rent arrears to 16 June 2026 $3,080.00 Repairs: Letterbox and deck post $626.95 Filing fee reimbursement $28.00 Total award $3,734.95 Total payable by Tenant to Landlord $3,734.95

Reasons:

1. The landlord attended the hearing on 16 June 2026. The tenant did not attend.

2. The notice of hearing and application have been posted to the tenant at the tenancy address. This is the tenant’s address for service recorded in the tenancy agreement. I am satisfied the tenant has received appropriate notice of

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the hearing and failed to attend. The hearing proceeded in the tenant’s absence.1

3. The landlord has applied for termination of the tenancy, rent arrears and compensation for repairs.

4. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should the tenancy be terminated?

5. The landlord filed their application on 15 May 2026. Rent arrears were $1,480.00 (29 days) on this date. Because rent was at least 21 days in arrears on the date the application was filed, the tenancy is terminated.2

How much does the tenant owe in rent arrears?

6. The landlord submitted a rent summary, which proves the tenant owes $3,080.00 in rent arrears up to 16 June 2026.

Is the tenant responsible for damage that occurred during the tenancy?

The law

7. 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.3

8. Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant.4

Analysis

9. The landlord claims the letterbox and a wooden post supporting the deck were damaged during the tenancy. The landlord claims the tenant drove over the letterbox and hit the deck post at the same time. The landlord submitted

1 Residential Tenancies Act 1986, section 92(1). 2 Residential Tenancies Act 1986, section 55(1)(a). 3 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 4 See discussion in Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403.

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photographs of the letterbox and fence post. The letterbox is on the ground and the fence post is badly dented. The damage appears consistent with the explanation provided by the landlord.

10. The landlord did not submit any photographs of the letterbox or deck from the beginning of the tenancy but gave evidence that these areas were not broken. I accept the landlord’s evidence.

11. On the balance of probabilities, I am convinced the letterbox and fence post were damaged during the tenancy. The damage exceeds fair wear and tear, and the tenant has not disproved liability.

12. The landlord submitted an invoice for $626.95 to repair the letterbox and fence post. The landlord’s claim for compensation is granted in full for this amount.

13. I have considered the principles of betterment and depreciation. The landlord should be returned to the same position they would have been in had the tenant not committed the breach. They must not be any better or worse off.

Filing fee

14. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.

L Ryken

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: