Tenant Ordered to Pay Rent Arrears and Window Repairs
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $1,496.89, which includes rent arrears, window repair costs, and filing fees, after the tenant failed to attend the scheduled hearing.
⚖️ Legal holding
A tenant is responsible for rent arrears, damages caused during the tenancy, and filing fees if the landlord's claim is successful.
📖 What the law says
This rule states that a tenant must pay rent on time, keep the rental property reasonably clean and tidy, and notify the landlord of any damage or needed repairs. When moving out, the tenant must leave the property clean and tidy and remove all their belongings and rubbish.
This rule makes a tenant responsible for the actions of anyone they allow onto 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 is assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears, window repair costs, and filing fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,496.89, including rent arrears, window repair costs, and filing fees, after the tenant failed to attend the scheduled hearing.
📚 Full judgment Official document
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[2025] NZTT 5149812
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], Palmerston North, Palmerston North 4410
ORDER
1. [NAME] must pay [COMPANY] As Agent For [COMPANY] $1,496.89 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears as at 2 December 2024 $1,257.14 Window repairs $212.75 Filing fee reimbursement $27.00 Total award $1,496.89 Total payable by Tenant to Landlord $1,496.89
Reasons:
1. This application was scheduled to be heard by videoconference. [NAME] did not link to the Teams link provided to her and my phone call to the number provided for her did not go through. The hearing therefore proceeded in her absence.
2. The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
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How much is owed for rent?
3. The tenancy ended on 2 December 2024 in accordance with a notice of termination from the landlord. The landlord provided rent records which indicate that from the star of her tenancy on 4 November 2024 the tenant made only one payment of rent of $400.00 on 14 November 2024. The amount owing on 2 December 2024 was established as being $1257.14.
Is the tenant responsible for the broken window?
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. I accept the evidence that the window was broken during [NAME]’s tenancy and that on 18 November 2024 she was issued with a notice to remedy.
6. I also accept the evidence that [NAME] failed to have the window repaired and so she is now required to pay the cost of repair. This was invoiced as being $212.75.
Filing fee reimbursement
7. [NAME] is also required to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her.
C ter Haar
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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/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 proved that the tenant owed $1,257.14 in rent arrears as of December 2, 2024.
- The landlord provided evidence that the window was broken during the tenant's occupancy.
- The tenant failed to repair the broken window after being issued a notice to do so.
- The landlord was fully successful in their claim, so the tenant must reimburse the filing fee.
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 $1,496.89, including rent arrears, window repair costs, and filing fees.
What was the dispute about?
The dispute was about unpaid rent, the cost of repairing a broken window, and reimbursement of filing fees.
How did the court decide, and why?
The court decided that the tenant must pay the landlord because the tenant failed to attend the hearing and the landlord proved the tenant was responsible for the damages.
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 tenant was responsible for the damages and rent arrears during the tenancy.
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 attend all hearings and address any issues related to rent arrears and property damage.
What evidence or documents mattered?
The rent records and the notice to remedy the window damage were the key pieces of evidence.