Tenant Ordered to Pay Rent Arrears and Premises Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and damages to the premises during the tenancy period. The landlord provided proof of the rent owed and the extent of the damage.
⚖️ Legal holding
A tenant is liable for rent arrears and damages to the premises during the tenancy.
📖 What the law says
This rule states that a tenant must pay rent on time as agreed in the tenancy agreement. It also requires the tenant to keep the premises reasonably clean and tidy, and to leave them in that condition when moving out, removing all their belongings and rubbish.
This rule 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, it's treated as if the tenant did it themselves.
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 to the premises during the tenancy period. The landlord successfully proved the amount owing and the extent of the damage.
📚 Full judgment Official document
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[2025] NZTT 5118768
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME] He
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] For [NAME] He $2,986.93 immediately, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $3,560.00 (6381477-013) to [COMPANY] For [NAME] He immediately.
Description Landlord Tenant Rent arrears $6,071.43 Repairs: Tile $276.00 Repairs: Painting $172.50 Filing fee reimbursement $27.00 Total award $6,546.93 Bond $3,560.00 Total payable by Tenant to Landlord $2,986.93
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Reasons:
1. Both parties attended the video hearing. The tenant [NAME] represented both tenants.
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 6 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $6,071.43.
Is the tenant responsible for the damage to the premises?
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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 person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
10. The following damage was caused during the tenancy:
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11. A tile was cracked in the ensuite . The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The repair cost was $276.00.
12. Walls in the dining room and master bedroom were marked. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The repair cost was $172.50.
13. The amounts ordered are proved.
14. As [COMPANY] For [NAME] He has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.
[NAME]
08 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 $6,071.43 in rent arrears.
- The tenant did not disprove liability for cracked tiles and marked walls.
- The landlord successfully claimed for repairs on damaged tiles ($276.00).
- The landlord successfully claimed for repairs on marked walls ($172.50).
❌ Tends to be rejected
- The tenant did not provide evidence to disprove the damage claims.
- The tenant did not challenge the amount of rent arrears claimed by the landlord.
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 damages to the premises during the tenancy period.
What was the dispute about?
The dispute was about the tenant owing rent arrears and causing damage to the premises during the tenancy.
How did the court decide, and why?
The court decided that the tenant was responsible for the rent arrears and the damages because the landlord provided proof of the rent owed and the extent of the damage.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The most important argument was that the landlord provided proof of the rent arrears and the extent of the damage to the premises.
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 have proof of rent arrears and any damage to the premises during the tenancy.
What evidence or documents mattered?
The evidence that mattered included rent records and proof of the extent of the damage to the premises.