Tenant ordered to pay rent arrears and damages for window and blind repairs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and compensate for window and blind repairs. The tenant was found responsible for leaving the premises unclean and for causing damage beyond normal wear and tear.
⚖️ Legal holding
A tenant must pay rent arrears and compensate for damage exceeding fair wear and tear.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and damages for window and blind repairs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and compensate for window and blind repairs due to damage exceeding fair wear and tear. The landlord provided rent records and proof of damage.
📚 Full judgment Official document
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[2025] NZTT 5110733
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] as Agent for [NAME] $131.27 immediately, calculated as shown in the table below.
2. The Bond Centre is to pay the bond of $3,200.00 (6062180-002) to [COMPANY] as Agent for [NAME] immediately.
Description Landlord Tenant Rent arrears to 27 October 2024 $685.71 Blind repairs $469.00 Window repairs $1,486.16 Carpet Cleaning $466.90 Dump fees $47.00 Rubbish removal $149.50 Filing fee reimbursement $27.00 Total award $3,331.27 Less bond $3,200.00 Total payable by Tenant to Landlord $131.27
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Reasons:
1. Only the landlord attended the hearing.
2. The landlord has applied for rent arrears, compensation, payment of the bond and reimbursement of the filing fee following the end of the tenancy.
Rent
3. The tenancy ended on 27 October 2024. The landlord provided rent records to prove the amount owing at the end of the tenancy as ordered.
Other Claims
4. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish,
5. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
6. The tenant must not carelessly or intentionally damage 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.
8. 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).
9. 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).
10. 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.
11. There was damage to windows and blinds during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Insurance is not a consideration because I find that most of the damage was intentional, and no single incident of damage exceeded the insurance excess in any case.
12. The amounts ordered were proved by the production of photographs and invoices.
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13. I have awarded the filing fee because the landlord has succeeded.
14. The bond will be paid to the landlord and the tenant must pay the remaining liability.
R Armstrong
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 landlord provided rent records proving the amount of rent arrears.
- The tenant did not leave the premises clean and tidy, requiring additional cleaning costs.
- The tenant did not disprove liability for damage to windows and blinds that exceeded fair wear and tear.
- Photographs and invoices were used to prove the amounts ordered for damages.
❌ Tends to be rejected
- The tenant did not attend the hearing to provide their side of the story.
- The tenant did not show that the damage to windows and blinds was due to fair wear and tear.
- The tenant did not provide evidence to disprove their responsibility for the damage to the premises.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay rent arrears and compensate for window and blind repairs.
What was the dispute about?
The dispute was over unpaid rent and the cost of repairs for damaged windows and blinds.
How did the court decide, and why?
The court decided that the tenant must pay because the damage was more than fair wear and tear and the tenant failed to prove otherwise.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the damage to the windows and blinds was more than fair wear and tear.
Was the decision for or against the person who brought the case?
The decision was against the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that they leave the rental property in good condition and are prepared to pay for any damage beyond normal wear and tear.
What evidence or documents mattered?
The evidence that mattered included rent records and invoices for repairs.