Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $4,833.09 to the landlord, covering rent arrears, water rates, and damages to the premises. The tenant did not attend the hearing and left without returning the keys, resulting in extra costs for the landlord.
⚖️ Legal holding
A tenant is liable for rent arrears, water rates, and damages beyond fair wear and tear.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $4,833.09 to the landlord, including rent arrears, water rates, and damages to the premises. The tenant failed to attend the hearing and did not return the keys, leading to additional costs.
📚 Full judgment Official document
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[2025] NZTT 5086828
TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
[NAME] must pay [COMPANY] as agent for [NAME] $4,833.09 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 13/10/24 $4,078.57 Water rates $192.96 Window repairs $234.56 Repairs to walls lock and key replacement $300.00 Filing fee reimbursement $27.00 Total award $4,833.09
Reasons:
1. [NAME] attended the hearing for the landlord’s agent.
2. The tenant did not attend. The hearing proceeded in their absence.
3. The landlord has applied for rent and water arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
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How much does the tenant owe for rent and water rates?
4. The tenancy ended on 13 October 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy for rent and water.
Did the tenant comply with their obligations at the end of the tenancy?
5. The tenant did not return the keys.
6. The landlord had to rekey the front-door lock and replace the keys.
7. The claim for reimbursement of the cost of these is allowed.
Is the tenant responsible for the damage to the premises?
8. During the tenancy, the front door’s window was broken, and a wall in a hallway and a bedroom were damaged.
9. The landlord was not insured for the damage.
10. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
11. [NAME] submitted photographs of the damage and produced invoices to prove the cost of repairing the damage and replacing the front door lock and keys.
12. The amounts ordered are proved.
Filing fee
13. The tenant must reimburse the landlord for the filing fee.
[NAME]
18 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 proved the amounts owed for rent and water rates with records and invoices.
- The tenant did not return the keys, requiring the landlord to rekey the front door and replace them.
- The damage to the window and walls was more than normal wear and tear, and the tenant did not prove they were not responsible.
- The landlord provided photographs and invoices to show the cost of repairs and key replacement.
- The tenant must pay back the landlord for the fee to file the application.
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 $4,833.09 to the landlord, including rent arrears, water rates, and damages to the premises.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears, water rates, and damages to the premises, as well as not returning the keys.
How did the court decide, and why?
The court decided that the tenant was responsible for paying the landlord the full amount due, including damages, because the tenant did not provide evidence to disprove liability for the damages.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was the lack of evidence from the tenant to disprove liability for the damages to the premises.
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 pay all rent arrears and water rates, return keys, and provide evidence if disputing damages.
What evidence or documents mattered?
The judgment mentions rent records, water rates invoices, and photographs of the damage as important evidence.