Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay $2,344.26 to the landlord, covering rent arrears and damages to the property. The Tribunal determined that the tenant was responsible for the damage, which went beyond normal wear and tear.
⚖️ Legal holding
A tenant is liable for rent arrears and damages to the premises that exceed fair wear and tear.
📖 What the law says
This rule states that a tenant must pay rent on time and keep the rented property reasonably clean and tidy. It also requires the tenant to notify the landlord of any damage or needed repairs and to leave the property clean and tidy when moving out.
This rule makes a tenant 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's 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 damages to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $2,344.26 to the landlord, including rent arrears and damages to the premises. The Tribunal found that the tenant was responsible for the damage, which exceeded fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5108688
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room A, Unit/Flat 54, 4-18 Sussex St, Mt Cook, Wellington 6021
ORDER
1. [NAME] must pay [COMPANY] As Agent For [COMPANY] $2,344.26 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $1,500.00 Repairs – front door $845.71 Repairs – bedroom door $571.55 Filing fee reimbursement $27.00 Total award $2,944.26 Bond (with the landlord) $600.00 Total payable by Tenant to Landlord $2,344.26
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Reasons:
1. The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
2. A previous hearing had been adjourned to allow time to ensure the tenant was aware of the full extent of the claims. There was no response or acknowledgement from the tenant to that adjourning order or subsequent notices of hearing. That adjourning order released the bond to the landlord.
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.
How much is owed for rent?
4. The tenancy ended on 7 January 2025. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $1,500.00.
Is the tenant responsible for the damage to the premises?
5. 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.
6. 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.
7. 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.
8. 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.
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9. 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.
10. The following damage was caused during the tenancy:
a. Front door. The front door and frame was badly damaged and required repair. It is a fire rated door and the repairs reflect that. An invoice for $845.71 supported the cost of repair while a number of photos evidenced the damage.
b. Bedroom door. The bedroom door was broken beyond repair, removed and left on the floor of the bedroom. A new door was required. An invoice for $571.55 was provided while a series of photos evidenced the damage and need for replacement.
11. I heard that to access the first door, two prior entrances required swipe card access. Once through the first door, the landing area served two rooms. The tenant’s door from here was badly damaged and removed. The landlord advised the occupant of the other room had vacated in late 2024, returning their access key/cards. The landlord stated no other occupants retained or had full access at the expected time of the damage.
12. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
13. The amounts ordered are proved.
Filing fee
14. [COMPANY] As Agent For [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
11 April 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 proved the amount of rent owing at the end of the tenancy was $1,500.00.
- The landlord provided an invoice and photos as evidence for the front door repair cost of $845.71.
- The landlord provided an invoice and photos as evidence for the bedroom door replacement cost of $571.55.
- The damage to both doors was more than fair wear and tear.
- The tenant did not disprove liability for the damage to the doors.
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 $2,344.26 to the landlord, including rent arrears and damages to the premises.
What was the dispute about?
The dispute was about the tenant's responsibility for rent arrears and damages to the property that exceeded fair wear and tear.
How did the court decide, and why?
The court decided that the tenant was liable for the rent arrears and damages because the damage was more than fair wear and tear and the tenant failed 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 damage was more than fair wear and tear and that the tenant did not disprove liability.
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?
For tenants in a similar situation, it means they could be held responsible for rent arrears and damages to the property that exceed fair wear and tear.
What evidence or documents mattered?
The evidence included rent records, invoices for repairs, and photographs of the damaged doors.