Tenant Ordered to Pay Rent Arrears and Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $3,188.10 for unpaid rent, repairs to the oven and stairs, and costs related to breaking the lease. The Tribunal concluded that the tenant was responsible for these damages and costs.
⚖️ Legal holding
A tenant is liable for rent arrears, damages to the premises beyond fair wear and tear, and costs associated with breaking a lease.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the premises reasonably clean and tidy, and leaving the premises in a similar condition when moving out. It also requires the tenant to notify the landlord of any damage or needed repairs.
This section states that a tenant is responsible for the actions of anyone they allow onto the premises, if those actions would have broken the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the premises while the tenant is there, it is assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal awarded the landlord $3,188.10 for rent arrears, repairs, and break lease costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $3,188.10 for rent arrears, repairs to the oven and stairs, and break lease costs. The Tribunal found the tenant responsible for the damages beyond fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 4986149
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
2. [NAME] and [NAME] must pay [The landlord/s] $308.10 immediately, calculated as shown in table below.
3. [COMPANY] is to pay the bond of $2,880.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Description Landlord Tenant Rent arrears to 25 July 2024 $1,131.43 Repairs: Oven $1,254.67 Repairs: Stairs $200.00 Break lease costs $575.00 Filing fee reimbursement $27.00 Total award $3,188.10 Bond $2,880.00 Total payable by Tenant to Landlord $308.10
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Reasons:
1. The landlord attended the hearing. The tenant did not.
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.
3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
How much is owed for rent?
4. The tenancy ended on 25 July 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy, namely $1,131.43.
5. The landlord’s claim for rent arrears is granted in full $1,131.43.
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. When considering a claim for compensation for damage, the Tribunal has a discretion to award either the full cost of replacement or diminution in value. In determining what option to award, the overarching principle is one of reasonableness.1
8. The landlord claims the tenant caused the following damage during the tenancy:
a. Removal of oven door; and
b. Chips and scratches to the stairs.
9. I deal with each issue in turn below.
Oven door
10. The landlord gave evidence that the tenant damaged the door of the [NAME] oven. The landlord claims the oven was brand new at the beginning of the tenancy and only 7 months old at the end. The landlord gave evidence that the tenancy address is a newly built townhouse and the tenant was the first person to live in the property.
1 Ruxley Electronics v Forsyth [1996] 1 AC 344.
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11. The landlord submitted a photograph of the oven taken during an inspection on 5 May 2024. This photograph shows the entire oven door missing.
12. On the basis of the photograph submitted by the landlord and evidence given at the hearing, I am satisfied on the balance of probabilities that the tenant damaged the oven door during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability.
13. The landlord submitted evidence from [NAME] declining to repair the oven under warranty. This was because [NAME] determined the issue to be the result of intentional damage, rather than a product defect.
14. The landlord has had the oven replaced at a cost of $1,254.67, including installation. Invoices for this amount were provided.
15. The landlord’s claim for compensation to replace the oven is granted in full for $1,254.67.
Chips and scratches to the stairs
16. The landlord claims the tenant damaged the stairs during the tenancy when moving furniture.
17. The landlord submitted photographs of the stairs taken at the end of the tenancy, which show minor chips and scratches on 1 – 2 stairs. The landlord gave evidence that the stairs were brand new at the beginning of the tenancy.
18. On the basis of the photographs submitted by the landlord and evidence given at the hearing, I am satisfied on the balance of probabilities that the tenant damaged 1 - 2 stairs during the tenancy. I consider the damage to be careless, rather than intentional. It is more than fair wear and tear, and the tenant has not disproved liability.
19. The landlord has not repaired the stairs but submitted a quote to repair all 15 stairs for $2,550.00 plus GST.
20. I do not consider it is fair and reasonable to order the tenant to pay the full cost of replacing the entire staircase. The quote to repair the stairs relates to all 15 stairs however, on the basis of the photographs provided by the landlord, I am only convinced that the tenant damaged 1 – 2 stairs. The damage is small and the landlord has not had the repair work completed.
21. Considering the extent of the damage, I order the tenant to pay the landlord an amount equivalent to the diminution in value. I consider $200.00 fairly reflects this.
22. The landlord’s claim for compensation to repair the stairs is granted for $200.00.
23. The amounts ordered are proved.
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24. I have taken into account betterment and depreciation. 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Break lease costs
25. This was a fixed-term tenancy running from 19 November 2023 to 30 November 2024.
26. The tenant assigned their tenancy before the end of the fixed term with the consent of the landlord. The landlord is entitled to recover any expenses reasonably incurred by them in respect of the assignment. See section 44A(1) RTA.
27. The landlord seeks compensation of $575.00 to cover the advertising costs and time incurred vetting new tenants, completing credit checks and lodging a new bond. The landlord provided invoices from [NAME] and their property management company for this amount.
28. The landlord’s claim for compensation is granted in full for $575.00.
Keys
29. The landlord claims the tenant did not return a spare key, which they replaced at a cost of $8.00. No invoice was submitted and I therefore dismiss this claim.
Filing fee
30. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 07 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.
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].
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 landlord provided rent records proving $1,131.43 in arrears.
- The landlord showed a photograph of the oven door missing during the tenancy.
- The landlord received a warranty decline due to intentional damage.
- The landlord provided invoices for $575.00 in break lease costs.
- The landlord demonstrated that the tenant damaged 1-2 stairs during the tenancy.
❌ Tends to be rejected
- The landlord's claim for $8.00 to replace a spare key was dismissed due to lack of invoice.
- The tenant's responsibility for the damage was not disproved, leading to liability.
- The tenant did not attend the hearing to dispute the claims.
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 the landlord $3,188.10 for rent arrears, repairs to the oven and stairs, and break lease costs.
What was the dispute about?
The dispute was about the tenant's responsibility for unpaid rent, damages to the oven and stairs, and costs associated with breaking the lease.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages and costs because the landlord proved that the damages were beyond fair wear and tear and the tenant did not disprove liability.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(2)(a), 41, 49B, and 44A(1) were applied.
What was the argument that mattered most?
The most important argument was that the landlord proved the damages were beyond fair wear and tear and the tenant did not disprove liability.
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 do not cause damage beyond fair wear and tear and should be prepared to pay for such damages if proven.
What evidence or documents mattered?
Photographs of the damaged oven and stairs, rent records, and invoices for repairs and break lease costs mattered.