Tenant Ordered to Pay Rent Arrears and Damages Beyond Fair Wear and Tear
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages beyond fair wear and tear, including cleaning and repair costs. The landlord provided proof of the damages and the tenant did not attend the hearing.
⚖️ Legal holding
A tenant is liable for rent arrears and damages 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 premises reasonably clean and tidy, and to leave them in that condition when the tenancy ends, removing all their belongings and rubbish.
This section makes a tenant responsible for the actions of anyone they allow into the premises. If that person does something that would break the tenancy agreement if the tenant had done it, the tenant is held accountable.
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, including cleaning and repair costs. The landlord provided proof of the damages and the tenant did not attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5131592
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: 558 No 10 Road, Swannanoa, RD 6, Swannanoa 7476
ORDER
1. [NAME] must pay [COMPANY] $12,925.72 immediately, calculated as shown in table below.
Description Landlord Rent arrears (to 28 January 2025) $5,014.29 Cleaning $655.50 Carpet Cleaning $260.00 Lock/key replacement $1,002.43 Rubbish removal $500.80 Electrical fittings replacement/repair $737.76 Repairs: Hole in Wall $235.75 Window repairs $6,442.19 Filing fee reimbursement $27.00 Total award $14,875.72 Bond $1,950.00 Total payable by Tenant to Landlord $12,925.72
2. [COMPANY] is to pay the bond of $1,950.00 (6150424-002) to [COMPANY] immediately.
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Reasons:
1. Representatives of the landlord attended the hearing. The tenant did not attend.
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?
3. The tenancy ended on 28 January 2025. The landlord provided rent records which prove the amount of $5,014.29 owing 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 tenant did not return the keys. The landlord provided photographs and receipts to support its claims. The amounts ordered are proved.
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. The following damage was caused during the tenancy: circuits rewired with electrical fittings requiring replacement, hole in wall and six large, double-glazed windows were broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
8. The landlord provided photographs to establish the damage and evidence of the repair/replacement costs. The amounts ordered are proved.
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9. As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.
[NAME]
14 April 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 proving $5,014.29 in rent arrears.
- Photographs and receipts showed the tenant left the premises dirty and with rubbish.
- The tenant did not return the keys as required by law.
- The landlord provided photos and repair costs to show damage beyond fair wear and tear.
- The tenant did not provide any evidence to disprove their responsibility for the damage.
❌ Tends to be rejected
- The tenant did not attend the hearing to dispute the charges.
- The tenant did not provide any proof that the damage was due to fair wear and tear.
- The tenant did not return the keys, leaving the landlord unable to secure the property.
- The tenant did not clean the premises before leaving, as required by law.
- The tenant did not provide any evidence to challenge the landlord's claim for cleaning and repair costs.
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 unpaid rent and damages to the rental property.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not attend the hearing and the landlord provided proof of the damages.
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 the landlord provided proof of the damages.
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 attend hearings and provide proof of any disputes regarding damages.
What evidence or documents mattered?
Photographs and receipts provided by the landlord mattered in proving the damages.