Tenant Ordered to Pay Rent Arrears and Property Repairs
📌 In brief
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages for property repairs exceeding fair wear and tear. The landlord provided proof of the amount owing and the extent of the damage.
⚖️ Legal holding
A tenant is liable for rent arrears and damages to the property that exceed fair 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.
Upon ending a tenancy, this section requires the tenant to move out, remove all their belongings, and leave the property in a reasonably clean and tidy state, including removing all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and damages for property repairs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and damages for property repairs exceeding fair wear and tear. The landlord provided proof of the amount owing and the extent of the damage.
📚 Full judgment Official document
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[2025] NZTT 5066570
TENANCY TRIBUNAL AT PUKEKOHE | TE TARAIPIUNARA RETIHANGA KI PUKEKOHE
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Pukekohe East, RD 2, Pukekohe 2677
ORDER
1. [NAME] must pay [COMPANY] - As Agent For [NAME] $2,769.17 immediately, calculated as shown in table below:
Description Landlord Tenant Rent arrears to 12 September 2024 $1,900.00 Repairs: walls $1,015.00 Repairs: wardrobe door $395.00 Window repairs $455.00 Repairs: curtain rails $290.00 Repairs: kitchen bench panelling $675.00 Light bulbs $56.00 Cleaning $287.50 Carpet Cleaning $402.50 Damaged heat pump remote (replaced) $66.17 Filing fee reimbursement $27.00 Total award $5,569.17 Bond $2,800.00 Total payable by Tenant to Landlord $2,769.17
2. The Bond Centre is to pay the bond of $2,800.00 (6527227-001) to [COMPANY] - As Agent For [NAME] immediately.
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Reasons:
1. Only the landlord’s representative attended 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 12 September 2024. The landlord provided rent records which prove the amount owing at 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
5. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
6. The landlord had to replace light bulbs.
7. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
8. 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.
9. 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.
10. 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.
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11. The following damage was caused during the tenancy: walls, wardrobe door, windows, curtain rails, kitchen bench panelling and heat pump remote control.
12. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
13. The amounts ordered are proved.
J Tam
16 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.
- The tenant did not remove all rubbish from the premises.
- The tenant did not replace worn-out light bulbs.
- The tenant is responsible for damage to the walls, wardrobe door, windows, curtain rails, kitchen bench panelling, and the heat pump remote control.
- The landlord proved that the damage exceeded fair wear and tear.
❌ Tends to be rejected
- The tenant did not provide evidence to disprove liability for the damage.
- The tenant did not show that the damage was not caused by them or someone they permitted at the premises.
- The tenant did not demonstrate that the damage was due to fair wear and tear.
- The tenant did not contest the amount of rent arrears claimed by the landlord.
- The tenant did not dispute the cost of repairs for the damages incurred.
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 property repairs exceeding fair wear and tear.
What was the dispute about?
The dispute was about the tenant's responsibility to pay rent arrears and damages for property repairs that exceeded fair wear and tear.
How did the court decide, and why?
The court decided that the tenant was liable for rent arrears and damages for property repairs that exceeded fair wear and tear because the landlord provided proof of the amount owing and the extent of the damage.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(1)(ca), and 49B(1) were applied.
What was the argument that mattered most?
The argument that mattered most was the proof provided by the landlord showing the extent of the damage and the amount of 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 that they maintain the property in good condition and pay rent on time to avoid such disputes.
What evidence or documents mattered?
The evidence and documents that mattered included rent records and proof of the extent of the damage to the property.