Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages to the premises beyond fair wear and tear. The tenant failed to comply with obligations at the end of the tenancy and caused intentional damage.
⚖️ Legal holding
A tenant is liable for rent arrears and damages to the premises beyond fair wear and tear.
📖 What the law says
This section states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires the tenant to keep the rental property reasonably clean and tidy.
Upon ending a tenancy, this section requires the tenant to move out, remove all their belongings, and leave the property in a reasonably clean and tidy state, including removing all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages to the premises beyond fair wear and tear. The tenant failed to comply with obligations at the end of the tenancy and caused intentional damage.
📚 Full judgment Official document
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[2025] NZTT 5121254
TENANCY TRIBUNAL AT NORTH SHORE | TE TARAIPIUNARA RETIHANGA KI ŌKAHUKURA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Dairy Flat, RD 4, Dairy Flat 0794
ORDER
[NAME] and [NAME] must pay [COMPANY] as agent for [NAME] $7,610.67 immediately, calculated as shown in table below.
Rent arrears to 1 December 2024 $1,455.57 Wall and ceiling damage repair $3,000.00 Replace curtains x 2 $115.85 Replace: 2 x smoke alarms; toilet roll holder $200.00 Lawn mowing $150.00 Garage door repairs $2,662.25 Filing fee reimbursement $27.00 Total award $7,610.67
Reasons:
1. [NAME] attended the hearing for the landlord.
2. The tenants did not attend. Yesterday, one of the tenants, [NAME], emailed the Tribunal that she could not attend as she lives in Whangarei.
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3. Neither tenant applied to attend by telephone or some other means. The hearing proceeded in the tenants’ absence.
4. The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
Is [NAME] a tenant?
5. There is a preliminary issue as to whether [NAME] is a tenant.
6. On 25 February 2025, she emailed the Tribunal to say she never moved in, and the tenancy was transferred to another person.
I have never lived at the property I paid the bond but we never moved in, the tenancy was transferred into another name and I will attach the paper work.
7. [NAME] attached a tenancy agreement to her email which is for a [NAME] for the premises for periodic tenancy commencing 13 November 2023.
8. [NAME]’s tenancy was for a fixed term commencing 16 August 2023 and ending 15 August 2024.
9. [NAME]’s tenancy agreement contains a clause prohibiting the tenants from subletting the premises without the landlord’s consent. The landlord has not signed the [NAME] tenancy agreement. [NAME] says the landlord was not even aware of the [NAME] tenancy agreement, let alone agreed to it.
10. The purported tenancy agreement for [NAME] is invalid.
11. I am satisfied that [NAME] is a tenant. Therefore, she is liable under this claim.
How much is owed for rent?
12. The tenancy ended on 1 December 2024. The landlord provided rent records which prove the amount the tenants still owe for rent to the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
13. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy.1
1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(iii).
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14. The tenants did not leave the lawns tidy. They had to be mown at a cost to the landlord of $150.00.
15. Departing tenants must leave in or at the premises the landlords chattels provided for the use of the tenant.
16. The tenants did not leave two smoke alarms, a toilet roll holder, and two sets of curtains.
17. [NAME] provided invoices proving the landlord’s expense to replace the missing chattels.
18. The amounts ordered are proved.
Are the tenants liable for the damage to the premises?
19. The landlord claimed for the cost of repairing wall and ceiling damage, and the garage door.
20. 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.2 Tenants are liable for the actions of people at the premises with their permission.
21. 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.3
22. 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.4
23. Several walls had adhesive damage. Two walls were damaged by the removal of television brackets. Some glue had splattered onto the living room ceiling. The wall gib was cracked in one place. There were multiple other dents and scratches to the walls and ceilings.
24. The damage occurred during the tenancy. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
25. The landlord claims for a repair cost of $3,450.00.
2 RTA, ss 40(2)(a), 41, and 49B. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541.
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26. I allow $3,000.00 of that to account for betterment and depreciation of the walls and ceilings. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off.
27. The garage door was damaged during the tenancy. The damage is more than fair wear and tear. The tenants have not proved the damage was not caused intentionally or carelessly.
28. The landlord provided an invoice to prove the cost of repairing the door.
29. The claim for repair of the garage door is allowed.
Possible future claim for carpet damage
30. [NAME] indicated the landlord may file a claim for carpet damage at a later date.
31. Today the claim could not be considered because there has not been an attempt to remove staining by contracting professional carpet cleaners. The premises has been re-tenanted, and the landlord has not incurred any cost in respect to the staining.
Filing fee
32. The tenants must reimburse the landlord for the filing fee.
[NAME]
27 February 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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant is responsible for rent arrears as proven by the landlord's rent records.
- The tenant must compensate for leaving the premises untidy, including uncut lawns costing $150.
- The tenant is liable for missing items such as smoke alarms, curtains, and a toilet roll holder.
- The tenant is responsible for wall and ceiling damage beyond fair wear and tear, totaling $3,000.
- The tenant must reimburse the landlord for the filing fee.
❌ Tends to be rejected
- The tenant's claim that they never moved in and the tenancy was transferred to another person was disregarded.
- The tenant's lack of attendance and failure to provide evidence supporting their claims did not affect the ruling.
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 rent arrears and damages to the premises beyond fair wear and tear.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and the damage to the premises beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenant was responsible for paying rent arrears and damages because the tenant did not comply with their obligations and caused intentional damage.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(iii) and 40(2)(a) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was liable for rent arrears and damages to the premises 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 avoid causing intentional damage to the premises.
What evidence or documents mattered?
The evidence included rent records, invoices for repairs, and the condition of the premises at the end of the tenancy.