Tenant ordered to pay rent arrears and damages for failing to maintain premises
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $837.56 to the landlord for rent arrears and damages. The tenant left the premises unclean and caused damage to the property, such as holes in the walls and a missing lock.
⚖️ Legal holding
A tenant is liable for rent arrears and damages if they fail to maintain the premises and cause damage beyond fair wear and tear.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in a similar condition when moving out, with all rubbish removed.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and damages for leaving the premises unclean and causing damage to the property.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $837.56 to the landlord for rent arrears and damages. The tenant failed to maintain the premises and caused damage beyond fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5121132
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $837.56 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears owing as at 19.11.24 $330.15 Repairs: holes in the wall $64.77 Repairs: holes in the wall # 2 $129.54 Repairs: door $100.00 Repairs: lock missing $81.81 Rubbish removal $131.29 Total award $837.56 Total payable by Tenant to Landlord $837.56
Reasons:
1. Only the landlord attended the hearing.
2. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
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3. The landlord has applied for compensation following 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 in that a large pile of vegetation and grass clippings was left in the garden.
6. The amount ordered above is proved.
Is the tenant responsible for the damage to the premises?
7. 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.
8. 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.
9. 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.
10. 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.
11. 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. See section 49B(1) RTA.
12. 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
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person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
13. The following damage was caused during the tenancy:
a) holes in the walls.
b) a missing door.
c) a removed lock.
14. The amounts ordered are proved. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
15. I have taken into account betterment and depreciation and therefore reduced the amount claimed for the missing door. 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 at the start of the tenancy and their likely useful lifespan.
[NAME]
01 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 tenant did not leave the premises clean and tidy, leaving a large pile of vegetation and grass clippings.
- The landlord provided proof of the exact amount of rent arrears and damages.
- The tenant failed to prove that the damage was due to fair wear and tear or accidental causes.
- The landlord's claim for damages was supported by clear evidence of damage beyond normal use.
❌ Tends to be rejected
- The tenant did not provide any evidence to disprove their responsibility for the damages.
- The tenant did not argue that the damages were caused by fair wear and tear or accidental circumstances.
- There was no evidence presented by the tenant to show that they maintained the premises properly.
- The tenant did not contest the amount of rent arrears claimed by the landlord.
- The tenant did not provide any proof that the damages were not caused by their own actions or those of people they permitted on the premises.
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 $837.56 to the landlord for rent arrears and damages.
What was the dispute about?
The dispute was about the tenant leaving the premises unclean and causing damage to the property, such as holes in the walls and a missing lock.
How did the court decide, and why?
The court decided that the tenant was responsible for the rent arrears and damages because they failed to maintain the premises and caused damage beyond fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 49B, were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to maintain the premises and caused damage 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 maintain the premises and do not cause damage beyond fair wear and tear to avoid being ordered to pay damages.
What evidence or documents mattered?
The evidence included rent records proving the amount owing and proof of the damage caused by the tenant.