Tenant ordered to pay rent arrears and damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate for damages caused during the tenancy. The tenant was held responsible for both the unpaid rent and the cost of repairing a damaged glass pane.
⚖️ Legal holding
A tenant is liable for rent arrears and damages caused during the tenancy.
📖 What the law says
This section states that a tenant must pay rent when it is due and keep the premises reasonably clean and tidy. It also requires the tenant to notify the landlord of any damage or needed repairs and to leave the premises clean and tidy when moving out.
This section makes a tenant responsible for 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 Tribunal ordered the tenant to pay rent arrears and compensate for damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for damages caused during the tenancy. The tenant was found liable for both rent arrears and the cost of repairing the damaged glass pane.
📚 Full judgment Official document
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[2025] NZTT 5160514
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $2,195.57 immediately, calculated as shown in the table below.
Description Landlord Rent arrears to 19 December 2024 $1,918.57 Repairs: Reglaze glass pane in rear external door $250.00 Filing fee reimbursement $27.00 Total award $2,195.57 Total payable by Tenant to Landlord $2,195.57
Reasons:
1. [NAME] attended the hearing as the landlord's representative via teleconference.
2. [NAME], the tenant, emailed the Registry on 17 May 2025, stating:
“This is the first I'm hearing about having tenancy, I refuse to go or be there if bree from Eves rental will be there or even be able to hear her voice, as she is a trigger an setw (sic) off anxiety attacks an also panic attacks, if I owe money that's fine, I except (sic) my part I played but there was full explanation an or valid reasons behind any of my actions,”
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3. [NAME] stated in her email dated 17 May 2025 that she would not attend the hearing, I attempted to call her using the cell number provided on the landlord’s application form. The call went straight to voicemail without ringing.
4. [NAME] was aware of today’s hearing and had informed the Tribunal that she would not be attending. On that basis, I proceeded with the hearing in her absence.
5. 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?
6. The tenancy ended on 19 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Is the tenant responsible for the damage to the premises?
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. See sections 40(2)(a), 41 and 49B RTA.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. The following damage was caused during the tenancy:
a. Glass pane in rear external door.
14. [NAME] gave evidence that the external door pane in question sustained damage during the tenant's occupancy. Specifically, the bottom panel of the glass door was broken. Throughout the tenancy, the tenant acknowledged responsibility for the damage during each inspection and repeatedly promised to repair it. However, despite these assurances, the tenant never followed through with the repairs. By the end of the tenancy, the damaged panel remained unfixed, and the tenant had instead boarded it up as a temporary measure.
15. [NAME] described the situation as one where the tenant had been given multiple opportunities to address the issue but failed to do so. The damage was significant enough to warrant a claim, though the landlord opted to pursue only the cost of reglazing the pane, amounting to $250, rather than seeking compensation for additional damages. Her client’s decision was made in the interest of resolving the matter expediently, as the property owner preferred to avoid prolonged disputes.
16. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
17. The amounts ordered are proved.
Filing fee
18. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
M Kan
22 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 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 provided rent records that proved the amount of rent owing at the end of the tenancy.
- The tenant acknowledged responsibility for the damage to the glass pane during inspections and promised to repair it.
- The damage to the glass pane was more than fair wear and tear, and the tenant did not disprove liability.
- The landlord wholly succeeded with the claim, so the filing fee was reimbursed.
❌ Tends to be rejected
- The tenant's stated anxiety and panic attacks were not accepted as a reason to avoid attending the hearing.
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 compensate for damages.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears and was responsible for damages to the property.
How did the court decide, and why?
The court decided that the tenant was liable for rent arrears and damages because the tenant did not provide evidence 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 damages were more than fair wear and tear and that the tenant was responsible for the damages.
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?
Someone in a similar situation should ensure they address any damages to the property during their tenancy to avoid liability.
What evidence or documents mattered?
The evidence of rent records and the condition of the property at the end of the tenancy mattered.