Tenant ordered to pay rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and costs for repairs, cleaning, and locksmith services due to damages beyond fair wear and tear. The tenant did not attend the hearing and failed to provide evidence of compliance with their obligations.
⚖️ Legal holding
A tenant is responsible for rent arrears, water rates, and damages beyond fair wear and tear.
📖 What the law says
This rule states that a tenant must pay rent when it is due and keep the rented property reasonably clean and tidy. It also requires the tenant to leave the property in a reasonably clean and tidy condition and remove all their belongings and rubbish when the tenancy ends.
This rule makes a tenant responsible for the actions of anyone they allow into 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 Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and costs for repairs, cleaning, and locksmith services.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears, water rates, and costs for repairs, cleaning, and locksmith services due to damages beyond fair wear and tear. The tenant did not attend the hearing and failed to provide evidence of compliance with their obligations.
📚 Full judgment Official document
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[2025] NZTT 5049568
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Te Awamutu, RD 6, Te Awamutu 3876
ORDER
1. [NAME] must pay [COMPANY] as agent for [COMPANY] $1,199.42 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 5 November 2024 $1,574.29 Water rates to 15 October 2024 $130.18 Repairs: Glass repair (two windows) $436.89 Cleaning $295.00 Rubbish removal $905.06 Locksmith $151.00 Filing fee reimbursement $27.00 Total award $3,519.42 Bond $2,320.00 Total payable by Tenant to Landlord $1,199.42
2. The Bond Centre is to pay the bond of $2,320.00 (6180387-003) to [COMPANY] as agent for [COMPANY] immediately.
Reasons:
1. The landlord attended the hearing. The tenant did not attend the hearing and did not respond when telephoned on the number ending in 978.
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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 and water rates?
3. The tenancy ended on 5 November 2024. The landlord provided rent and water rates records which prove the amounts owing for rent of $1,574.29 and water rates of $130.18 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 the premises reasonably clean and tidy and did not remove all rubbish. The landlord has provided photographs as evidence of both the cleaning that was required and the rubbish at the property at the end of the tenancy. Invoices have been provided of $295.00 for cleaning and $905.06 for rubbish removal.
6. The tenant also did not return the keys for the property and the landlord was required to engage a locksmith to replace the locks. The landlord has provided an invoice for this cost of $151.00.
7. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
8. 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.
9. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
10. 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.
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11. 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.
12. The landlord submits that there were two broken windows, one at the back door and another in bedroom one. These were not notified during the tenancy and were identified during the post tenancy inspection report. Photographs have been provided as evidence together with an invoice for repair of $436.49.
13. The following damage was caused during the tenancy: Two broken windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
14. The amount ordered is proved.
15. [COMPANY] as agent for [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 17 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 owing for rent arrears with records.
- The landlord provided photographs and invoices as evidence that cleaning and rubbish removal were needed.
- The landlord provided an invoice for locksmith services because the tenant did not return the keys.
- The landlord proved that two broken windows occurred during the tenancy and were more than fair wear and tear.
- The landlord succeeded with the claim, so the filing fee was reimbursed.
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, water rates, and costs for repairs, cleaning, and locksmith services due to damages beyond fair wear and tear.
What was the dispute about?
The dispute was about the tenant's responsibility for rent arrears, water rates, and damages beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenant was responsible for rent arrears, water rates, and damages beyond fair wear and tear because the tenant did not attend the hearing and failed to provide evidence of compliance with their obligations.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986, s 40(2)(a) Residential Tenancies Act 1986, s 41 Residential Tenancies Act 1986, s 49B
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for rent arrears, water rates, 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 of compliance if they are involved in a dispute.
What evidence or documents mattered?
Photographs, invoices, and records of rent and water rates were provided as evidence.