Tenant Ordered to Pay Rent Arrears and Property Damage
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and damages for leaving the rental property in poor condition. The landlord presented evidence of significant damage, including broken windows and damaged cabinetry, leading to the ruling.
⚖️ Legal holding
A tenant is responsible for rent arrears and damage to the premises beyond normal 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 property reasonably clean and tidy, and to leave it in that condition when they move out, removing all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully recovered rent arrears and damages for property damage.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages for leaving the property in poor condition. The landlord provided proof of rent arrears and extensive damage to the property, including broken windows and damaged cabinetry. The Tribunal found the tenant responsible for the damages.
📚 Full judgment Official document
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[2025] NZTT 5072111
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted] [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [COMPANY] $1,464.14 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $2,640.00 (3363998-011) to [COMPANY] As Agent For [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 20 September 2024 $777.14 Repairs: painting $550.00 Repairs: doors $550.00 Repairs: lights $250.00 Repairs: kitchen cabinetry Carpet
$550.00 $550.00
Repairs: shower $150.00 Replace furnishings: curtains $150.00 Window repairs $550.00 Filing fee reimbursement $27.00 Total award $4,104.14 Bond $2,640.00 Total payable by Tenant to Landlord $1,464.14
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Reasons:
1. The landlord attended the hearing. The tenant did not attend the hearing.
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 20 September 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $771.14.
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 landlord stated that at the end of the tenancy the tenant left a large amount of rubbish and belongings both inside and outside the premises. The premises had not been cleaned at all, and the curtains had been taken.
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. 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.
8. 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.
9. The landlord claims at the end of this tenancy the tenants left the property in poor condition. The landlord produced photographs which showed holes or
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patches where holes have been partially repaired, in the walls and doors in the lounge, hallway, three bedrooms and bathroom.
10. The photographs show the kitchen cabinetry to have broken cupboard doors and drawers, and the bathroom to have damaged cabinetry, a broken shower and a missing toilet roll holder. The photographs also show the carpet to be badly stained throughout the house, and to have burn marks in bedroom one. Windows were smashed in the lounge, and the blinds and curtains throughout the house were taken or ruined.
11. From the extent of the damage and the lack of any explanation from the tenant, I conclude the damage was caused intentionally.
12. The landlord produced a quote for repairs which amounted to $20,527.50 including GST.
13. The landlord also submitted an insurance claim. Assessors assessed the value of the damage to be $12,293.50. A cash settlement offer of $7,343.50 was accepted by the landlord. This was the value of the damage less $4,950.00 for nine insurance excesses of $550.00 each.
14. For some reason, the document provided by the landlord has eight individual claims not nine. I also note that some of the claims are for less than the excess amount of $550.00.
15. The landlord produced a document from the insurance company which costed the repairs as below:
a. Painting $5,000.00
b. Replace doors $700.00
c. Lights $250.00
d. Curtains $400.00
e. Carpet $1,540.00
f. Kitchen $1,500.00
g. Shower repair $300.00
h. Glass repair $1,000.00
16. Where the cost of repairs is less than the insurance excess, (lights, curtains, shower repair) I have awarded the cost of the repairs. In the case of curtains and shower repair I have reduced the amount further to account for depreciation and betterment. Where the cost of repairs exceeds the insurance excess, I have awarded the insurance excess. I have considered depreciation and betterment
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for these claims as well, and I determine the insurance excess amounts to be below the residual value of these items. This amounts to a total of $3,300.00.
17. The amounts ordered are proved.
18. [COMPANY] As Agent For [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
18 March 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 pay the rent arrears of $777.14.
- The landlord provided proof of extensive damage to the property, including broken doors, cabinets, and carpets.
- The tenant did not provide any explanation for the damage or attempt to clean the property before leaving.
❌ Tends to be rejected
- The tenant did not attend the hearing to defend themselves.
- The tenant did not provide any evidence or explanation for the poor condition of the property.
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 for leaving the property in poor condition.
What was the dispute about?
The dispute was over unpaid rent and the condition of the property at the end of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant left the property in poor condition and did not pay the outstanding rent.
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 the evidence of extensive damage to the property and the outstanding rent arrears.
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 the property is left in good condition and all rent is paid to avoid such penalties.
What evidence or documents mattered?
Photographs showing the extent of the damage and rent records proving the amount owing were crucial.