Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
In a recent Tenancy Tribunal case, a tenant was ordered to pay rent arrears and compensate for damages to the premises. The landlord provided evidence showing that the damages exceeded fair wear and tear, and the tenant did not attend the hearing.
⚖️ Legal holding
A tenant must pay rent arrears and compensate for damages that exceed fair wear and tear.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time as agreed in the tenancy agreement. It also requires tenants to keep the premises reasonably clean and tidy, and to leave them in that condition when the tenancy ends, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenant was ordered 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 to the premises, finding that the damages exceeded fair wear and tear. The tenant did not attend the hearing, and the landlord provided evidence of the damages and unpaid rent.
📚 Full judgment Official document
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[2025] NZTT 5153851
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The Bond Centre is to pay the bond of $2,116.00 (6515720-001) to [COMPANY] As Agent For [NAME] immediately.
2. [NAME] must pay [COMPANY] As Agent For [NAME] $690.00 immediately, calculated as shown in table below:
Description Landlord Tenant Rent arrears to 16/01/25 $1,060.00 Repairs: Damage to walls and doors $1,035.00 Replace furnishings: Curtains (insurance excess) $500.00 Cleaning: Oven $184.00 Filing fee reimbursement $27.00 Total award $2,806.00 Bond $2,116.00 Total payable by Tenant to Landlord $690.00
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Reasons:
1. The landlord attended the remote hearing. The tenant did not attend. A call to the tenant’s last known mobile number went to voicemail.
2. The tenant was the sole tenant pursuant to a variation to tenancy agreement dated 18 December 2024. The tenancy was a fixed-term tenancy due to expire on 20 February 2025, however following the tenant’s request to end the tenancy early, it was agreed the tenancy would end on 16 January 2025.
3. Following the end of the tenancy, the landlord has applied for rent arrears to 16 January 2025, compensation for damage and cleaning/lawns, refund of the bond, and reimbursement of the filing fee.
How much is owed for rent?
4. The tenant did not pay any rent after their last payment on 19 December 2024.
5. As at 16 January 2025, arrears were $1,060.00.
6. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
7. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
Oven cleaning
8. The tenant did not leave the premises reasonably clean and tidy in that they did not clean the oven.
9. The landlord has provided photos taken on 17 January 2025 which show the oven was not reasonably clean. The landlord has also provided an invoice for $160 (+GST) for the cost of cleaning the oven.
10. The amount ordered is proved.
Lawns
11. The landlord says the tenant did not leave the lawns reasonably tidy.
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12. The landlord has provided photos taken on 17 January 2025 which show the [NAME] area of lawn by a wooden deck and pebble path. The landlord has also provided an invoice for $100 (+GST) for the cost of lawn mowing.
13. I am not satisfied the photos provided show the lawn was not reasonably tidy. While I accept the photos show the lawn had perhaps not been mowed within the last week of the tenancy, the grass growth is not such that the average person would not consider it reasonably tidy.
14. I also note the amount claimed for mowing of such a [NAME] area does not seem reasonable.
15. I dismiss the claim for compensation for the cost of lawn mowing.
Is the tenant responsible for the damage to the premises?
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. The landlord says the following damage was caused during the tenancy:
a. Careless damage to walls and doors requiring patching and painting: $1,035.00; and
b. Intentional damage to curtains: $644.78
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Walls and doors
22. The landlord has provided an in-going report dated 22 December 2023 which shows the property was in new condition. The landlord says the tenant (and her previous co-tenant) were the first tenants in the property.
23. The landlord has also provided photos taken on 17 January 2025 which show damage to the walls and doors in the kitchen, lounge, stairs and bedrooms.
24. The landlord has provided an invoice for repairs completed which totals $1,035.00.
25. The landlord confirmed the owner of the property has insurance for tenant damage, however the excess is $500.00 per claim (as noted in the tenancy agreement) and the insurer would consider each room a separate claim. The landlord says as the total cost of all repairs was $1,035.00 the owner has not made a claim on insurance, as each room (and therefore each claim) on its own would not have exceeded the $500.00 excess.
26. I am satisfied the landlord has proved damage to the walls and doors occurred during the tenancy and was not fair wear and tear. I am satisfied the damage was caused by the tenant and that insurance money was irrecoverable given the applicable excess for each of the four (or five) claims.
27. The amounts ordered is proved.
Curtains
28. The in-going report dated 22 December 2023 shows the curtains were in new condition at the start of the tenancy. The landlord has provided photos taken during an inspection on 22 October 2024 which show some pulled threads at the base of the curtains. The landlord says when she asked the tenants about the damage on 22 October 2024, they confirmed they had a cat at the premises which had caused the damage.
29. The landlord says the tenants did not have permission to have a cat at the premises, however, the landlord agreed to the cat remaining at the premises from that date.
30. The landlord has provided photos taken 17 January 2025 which show the curtains had additional pulls at the bottom of the curtains by the end of the tenancy.
31. The landlord has not made an insurance claim for the damaged curtains. The landlord says the tenant is liable for the full cost of replacing the curtains, as the damage was intentional and therefore insurance would not be recoverable. The landlord has provided a quote for replacement, totalling $644.78.
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32. 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.
33. I am not satisfied the damage was intentional. While I accept it is more likely than not that the damage was caused by the tenant’s cat, I am not satisfied the tenants set out to cause the damage, nor that they knew damage by the cat was a certainty. I note that, at least from 22 October 2024, the landlord knew the tenant had a cat in the premises and it can be expected that a cat may cause some wear and tear.
34. I note that the damage to the curtains was not as extensive as in the case of [COMPANY] v [NAME],1 and I am therefore not satisfied the damage was so inevitable as to be intentional.
35. Having found the damage was not intentional, the landlord’s claim is limited to the applicable excess under insurance for careless damage, being $500.00.
Should the tenant reimburse the landlord’s application fee?
36. As the landlord has substantially succeeded with the claim the tenant must reimburse the filing fee.
[NAME]
21 May 2025
1 [2023] NZTT 4493521.
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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 tenant did not pay any rent after their last payment on 19 December 2024.
- The landlord provided proof of the amount of rent arrears, totaling $1,060.00.
- The landlord showed photos and invoices proving the cost of repairing walls and doors, totaling $1,035.00.
- The landlord successfully argued that the tenant was responsible for the cost of replacing curtains, as the damage was not fair wear and tear.
❌ Tends to be rejected
- The tenant did not provide any evidence or argument to counter the landlord's claims regarding rent arrears and damages.
- The landlord's claim for compensation for lawn mowing was dismissed because the photos did not clearly show the lawn was not reasonably tidy.
- The landlord's claim for full replacement cost of curtains was reduced to the insurance excess of $500.00 because the damage was not deemed intentional.
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 compensate for damages to the premises.
What was the dispute about?
The dispute was about unpaid rent and damages to the premises that the tenant was responsible for.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and compensate for damages because the landlord provided evidence showing that the damages exceeded fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40 and 49B, were applied.
What was the argument that mattered most?
The most important argument was that the damages to the premises exceeded fair wear and tear, as evidenced by the landlord.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case against the tenant.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that 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 that mattered included rent records, photos of the damages, and invoices for repairs and cleaning services.