Tenant ordered to pay rent arrears and damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages beyond fair wear and tear. The tenant did not attend the hearing and left the premises in an untidy condition.
⚖️ Legal holding
A tenant is liable for rent arrears and damages beyond fair wear and tear.
📖 What the law says
This rule states that a tenant must pay rent on time as agreed in their tenancy agreement. It also requires the tenant to leave the property reasonably clean and tidy, 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 that person causes damage or breaks the tenancy agreement, it is treated as if the tenant themselves did it.
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 beyond fair wear and tear, as per the Residential Tenancies Act 1986. The tenant did not attend the hearing and failed to comply with their obligations at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5105628
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] For [NAME] $1,596.14 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $1,920.00 (5060282-004) to [COMPANY] For [NAME] immediately.
Description Landlord Tenant Rent arrears to 21/1/25 $2,215.81 Window repairs $277.50 Cleaning $621.00 Repairs: hole in wall $160.00 Lawns and Garden work $60.00 Repairs: powerpoint $115.00 Water rates $66.83 Total award $3,516.14 Bond $1,920.00 Total payable by Tenant to Landlord $1,596.14
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Reasons:
1. The landlord attended the hearing represented by [NAME].
2. The tenants did not attend the hearing and did not answer the calls made to their phones during the hearing. They had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in their absence.
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 and water rates?
4. The tenancy ended on 21 January 2025 by tenant notice. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. Accordingly, the order is made as sought.
Did the tenant comply with their obligations at the end of the tenancy?
5. 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.
6. The landlord has established in evidence that the tenants did not leave the premises reasonably clean and tidy, including the exterior of the home. It appears as though little to no cleaning was undertaken upon vacate.
7. The amounts ordered are proven in evidence and considered reasonable in the circumstances.
Is the tenant responsible for the damage to the premises?
8. The landlord claims compensation for having to fix a window, a shattered electrical socket and hole in the wall.
9. To be successful in such a claim, 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.
10. Having considered the evidence I am satisfied that the damage was more than fair wear and tear and likely caused by careless or intentional actions. This is because the hole and shattered socket both would have had to have suffered
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considerable force to be damaged in this way. The door glass is also shattered which indicates the door was slammed with force.
11. Accordingly, I find the amounts ordered proven.
12. [COMPANY] For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
K Lash
21 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/
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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 and water rates invoices proving the amounts owing.
- The tenants did not leave the premises reasonably clean and tidy, especially the exterior.
- The damage to the window, electrical socket, and wall was more than fair wear and tear.
- The damage appeared to be caused by careless or intentional actions, such as slamming doors.
- The landlord successfully proved the tenants were responsible for the damages.
❌ Tends to be rejected
- The tenants did not attend the hearing and did not provide any defense or evidence.
- The tenants did not respond to calls made during the hearing to explain their situation.
- The tenants failed to clean the unit properly before leaving, leading to additional costs.
- The tenants did not challenge the amount claimed for rent arrears and damages.
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 damages beyond fair wear and tear.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and damages to the landlord.
How did the court decide, and why?
The court decided that the tenant was liable for rent arrears and damages beyond fair wear and tear because the tenant did not attend the hearing and left the premises in an untidy condition.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not attend the hearing and left the premises in an untidy condition, indicating that the damages were 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 attend any hearings to present their case.
What evidence or documents mattered?
The evidence included rent records, water rates invoices, and proof of damages beyond fair wear and tear.