Tenant ordered to pay rent arrears and damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and damages to the landlord. The decision was based on the Residential Tenancies Act 1986, which states that tenants are responsible for rent arrears and damage to the premises beyond normal wear and tear.
⚖️ Legal holding
A tenant is liable for rent arrears and damage to the premises beyond 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 notifying the landlord of any damage or needed repairs. When moving out, the tenant must leave the premises clean and tidy and remove all their belongings and rubbish.
This section 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 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 damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages to the landlord. The decision was based on the Residential Tenancies Act 1986, which holds tenants liable for rent arrears and damage to the premises beyond fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5192451
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat B, [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,710.00 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $1,650.00 (6475226-009) to [COMPANY] immediately.
Description Landlord Tenant Rent arrears $2,863.57 Repairs $469.43 Filing fee reimbursement $27.00 Total award $3,360.00 Bond $1,650.00 Total payable by Tenant to Landlord $1,710.00
Reasons:
1. The landlord attended this video hearing.
2. The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party
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where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
3. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
4. The landlord’s application for termination of the tenancy was withdrawn as the tenancy has now come to an end.
How much is owed for rent?
5. The tenancy ended on 12 May 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,863.57.
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. The landlord is insured. The policy of insurance carries an excess of $1,000.00.
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
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person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
12. Walls were damaged during the tenancy. The landlord thought that the damage had been caused by bed heads being too close to the wall and damaging the walls. The tenant has attempted to repair the damage. The landlord provided photos which indicate that the tenant’s repairs had not been carried out to a reasonable standard. The landlord provided a quote for the repair work of $469.43. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
13. The amount ordered is proven.
14. As [COMPANY] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
S Young
28 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 rent records that proved the amount owing for rent at the end of the tenancy.
- The landlord provided photos showing that the tenant's attempts to repair wall damage were not done to a reasonable standard.
- The damage to the walls was more than normal wear and tear.
- The landlord provided a quote for the repair work, which was accepted as the proven amount.
- The Tribunal was satisfied that the tenant received notice of the hearing, allowing the case to proceed in their absence.
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 damages to the landlord.
What was the dispute about?
The dispute was about unpaid rent and damage to the rental property.
How did the court decide, and why?
The court decided that the tenant must pay the landlord for rent arrears and damages because the damage exceeded fair wear and tear.
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 that the damage to the walls was more than fair wear and tear and the tenant failed to prove otherwise.
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 damage to the rental property is reported and repaired promptly to avoid liability.
What evidence or documents mattered?
The evidence included rent records, photos of the damage, and a quote for repair work.