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 to the premises, including broken windows and a damaged laundry floor.
⚖️ 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 the tenant to keep the premises reasonably clean and tidy, and to leave them in that condition when moving out, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy 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 to the premises, finding that the damage exceeded fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5153388
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] $5,355.11 immediately, calculated as shown in table below:
Description Landlord Tenant
Rent arrears to 9 December 2024 $2,412.00 Compensation for damage to curtains and rails $400.00 Repair damage to laundry floor $899.30 Repair 3 broken windows $534.75 Rubbish removal $882.06 Trailer hire $350.00 Landlord labour for rubbish removal, cleaning, carpet cleaning and repairs - 40 hours
$1,200.00
Filing fee reimbursement $27.00 Total award $6,705.11 Bond $1,350.00 Total payable by Tenant to Landlord $5,355.11
2. The Bond Centre is to pay the bond of $1,350.00 (5743366-002) to [COMPANY] immediately.
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Reasons:
1. The landlord’s representative attended the hearing. The tenants did not attend.
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 December 2024. The landlord provided rent records which prove the amount of rent 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 (RTA).
5. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amount of rubbish that had to be removed was considerable.
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 is not covered by the landlord's insurance, as was the case here, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) 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.
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. There was significant damage to the premises. The landlord is only claiming compensation for some of the damage. The curtains throughout the premises
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were damaged beyond repair and had to be replaced. Curtain tracks were also removed and damaged. I have awarded the landlord compensation only rather than the replacement cost as the landlord could not provide the invoices for the replacement curtains. The amount awarded also takes depreciation into account.
11. The laundry floor was damaged due to leaking over time. It has had to be replaced.
12. Three windows were broken and have had to be replaced.
13. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
14. The amounts ordered are proved by invoices, photos, and by the evidence given by the landlord’s representative today.
15. As the application is successful, the tenants must pay the landlord’s Tribunal filing fee.
J Greene
26 March 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 proving the amount of rent owing.
- The landlord showed significant damage to the premises, including broken windows and damaged curtains.
- The tenants did not attend the hearing, failing to dispute the claims directly.
- Invoices, photos, and evidence from the landlord’s representative supported the claimed damages.
❌ Tends to be rejected
- The tenants did not leave the premises reasonably clean and tidy, leaving considerable rubbish.
- The tenants did not provide any evidence or proof to disprove their responsibility for the damage.
- The tenants did not address the issue of the bond refund and filing fee reimbursement.
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 the need to compensate for damages 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(1)(e) and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was proving that the damage to the premises exceeded 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 that they leave the premises in good condition and pay all rent arrears to avoid such orders.
What evidence or documents mattered?
Evidence included rent records, invoices, and photographs of the damages.