Tenant ordered to pay rent arrears and damages for property repairs
📌 In brief
The Tenancy Tribunal ordered a tenant to pay rent arrears and compensate the landlord for damages beyond fair wear and tear, including window repairs and electrical fitting replacements. The tenant did not attend the hearing and failed to provide evidence to disprove liability for the damages.
⚖️ Legal holding
A tenant must pay rent arrears and compensate for damages beyond fair wear and tear.
📖 What the law says
This rule states that a tenant must pay rent when it is due and keep the rental property reasonably clean and tidy. It also requires the tenant to notify the landlord of any damage or needed repairs as soon as they find out about them.
This rule makes a tenant responsible for the actions of anyone they allow into the property, if those actions would have broken the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the property while the tenant is there, it's assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate the landlord for damages beyond fair wear and tear, including window repairs and electrical fitting replacements. The tenant did not attend the hearing and failed to provide evidence to disprove liability for the damages.
📚 Full judgment Official document
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[2025] NZTT 5171831
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $3,765.34 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears (to 9 January 2025) $2,143.00 Bailiff Fee $258.00 Replace smoke alarms $304.75 Lock/key replacement: secure premises $251.22 Window repairs $516.06 Electrical fittings replacement/repair: Bathroom Switch $120.75 Electrical fittings replacement/repair: Heaters & Heat Pump
$1,018.31
Repairs: Painting $546.25 Filing fee reimbursement $27.00 Total award $5,185.34 Bond $1,420.00 Total payable by Tenant to Landlord $3,765.34
2. The Bond Centre is to pay the bond of $1,420.00 (3290863-004) to [COMPANY] immediately.
3. The claim for rubbish removal is dismissed.
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Reasons:
1. A representative of the landlord attended the hearing.
2. The tenant did not attend. She emailed the Tribunal on the morning of the hearing ad advised she was unwell and would not attend. Registry asked her to confirm whether she was seeking an adjournment or wished to attend by phone and to provide a medical certificate. She did not reply. In the circumstances, I consider that it is appropriate to proceed with the hearing.
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?
4. The Tribunal made an immediate possession order in favour of the landlord on 17 December 2024. The tenant did not comply with the order. It was enforced by the bailiff on 9 January 2025.
5. The landlord provided rent records which prove the amount of $2,143 owing for rent to 9 January 2025. The landlord is also entitled to reimbursement of the bailiff’s fee.
Did the tenant comply with their obligations at the end of the tenancy?
6. 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
7. The landlord claims that the tenant did not remove all rubbish but did not provide any photographs. That claim is dismissed.
8. The tenant did not return the keys. The landlord had to replace smoke alarms. The landlord provided photographs and invoices to support its claims. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
9. 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.
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10. The following damage was caused during the tenancy: Broken window, heater knob and panel broken, heat pump damaged, face plate removed from bathroom switch, paint damage to a ceiling, wall and door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided photographs and receipts/invoices for the repair costs. The amounts ordered are proved.
11. As the landlord was successful, I have awarded reimbursement of the Tribunal application fee.
[NAME]
30 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 proof of rent arrears amounting to $2,143.
- The landlord showed that the tenant did not return keys and needed to replace smoke alarms.
- The landlord demonstrated that various damages were caused during the tenancy and were more than fair wear and tear.
- The landlord presented photos and receipts for repair costs, proving the amounts ordered.
❌ Tends to be rejected
- The claim for rubbish removal was dismissed due to lack of photographic evidence.
- The tenant did not attend the hearing and did not provide a medical certificate or seek an adjournment.
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 compensate the landlord for damages beyond fair wear and tear.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and to compensate the landlord for damages to the rental property.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and compensate for damages beyond fair wear and tear because the tenant did not attend the hearing and failed to provide evidence to disprove liability.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(1)(ca), 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 failed to provide evidence to disprove liability for 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?
For someone in a similar situation, it means that they must ensure they pay rent arrears and compensate for damages beyond fair wear and tear to avoid legal action.
What evidence or documents mattered?
The evidence that mattered included rent records, invoices, and photographs provided by the landlord.