Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and damages for repairs that exceeded fair wear and tear. The landlord successfully proved the amount owing at the end of the tenancy, while the tenant did not attend the hearing.
⚖️ Legal holding
A tenant is responsible for rent arrears and damages beyond fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent when it is due and keep the rental property reasonably clean and tidy. When the tenancy ends, the tenant must leave the property in a reasonably clean and tidy condition and remove all their belongings and rubbish.
This section makes a tenant responsible for the actions of anyone they allow onto the property. If that person causes damage or breaks the tenancy agreement, it is treated as if the tenant themselves did it.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages for repairs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages for repairs exceeding fair wear and tear. The landlord provided proof of the amount owing at the end of the tenancy, and the tenant failed to comply with their obligations.
📚 Full judgment Official document
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[2025] NZTT 5225392
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $887.87 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $35.87 Rubbish removal $115.00 Lock/key replacement $172.00 Repairs: Repainting Walls $1,371.00 Repairs: Repainting Front Door $115.00 Filing fee reimbursement $27.00 Total award $1,835.87 Bond $948.00 Total payable by Tenant to Landlord $887.87
2. The Bond Centre is to pay the bond of $948.00 (3329003-010) to [COMPANY] immediately.
Reasons:
1. The landlord attended the hearing. The tenant did not attend.
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2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
3. The tenancy ended on 9 February 2025. 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?
4. 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.
5. The tenant did not leave did not remove all rubbish. The tenant did not return the keys. The amounts ordered are proved.
6. The landlord withdrew a claim for cleaning costs as it did not have evidence of the cleaning required.
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. Walls and the front door were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.
9. As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application fee.
R Morgan
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14 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 which prove the amount owing at the end of the tenancy.
- The tenant did not remove all rubbish from the premises as required by law.
- The tenant did not return keys to the property, leading to lock and key replacement costs.
- Walls and the front door were damaged during the tenancy beyond fair wear and tear.
❌ Tends to be rejected
- There was no evidence provided for cleaning costs, so this claim was withdrawn.
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 for repairs exceeding fair wear and tear.
What was the dispute about?
The dispute was about the tenant's responsibility for rent arrears and damages to the rental property.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not attend the hearing and the landlord provided proof of the amount owing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The most important argument was that the tenant was responsible for rent arrears and damages 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 comply with their obligations at the end of the tenancy and provide evidence if disputing the landlord's claims.
What evidence or documents mattered?
The rent records and proof of damages provided by the landlord mattered in this case.