Tenant's Lease Terminated Due to Rent Arrears and Premises Damage
📌 In brief
The Tenancy Tribunal ended a tenant's lease because of unpaid rent and damage to the rental unit. The landlord showed evidence of rent arrears and documented the extent of the damage.
⚖️ Legal holding
A tenant is liable for rent arrears and damage to the premises beyond fair wear and tear.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late, or if the tenant has caused or threatened to cause significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
This rule outlines a tenant's responsibilities, which include paying rent on time, keeping the property reasonably clean and tidy, reporting damage, and leaving the premises clean and empty of their belongings when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and damage to the premises.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenant's tenancy due to rent arrears and damage to the premises beyond fair wear and tear. The landlord provided proof of arrears and documented the damage.
📚 Full judgment Official document
__________________________________________________________________________________ 4960013 1
[2024] NZTT 4960013
TENANCY TRIBUNAL - Manukau
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME] / [COMPANY], immediately.
2. The Bond Centre is to pay the bond of $1,400.00 (6071358-027) to [COMPANY] As Agent For [NAME] / [COMPANY] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME] / [COMPANY] $1,927.00 immediately, calculated as shown in table below.
Description Landlord Rent arrears to 26/08/2024 $2,300.00 Window repairs: Insurance excess $500.00 Repairs: Walls - Insurance excess $500.00 Filing fee reimbursement $27.00 Total award $3,327.00 Minus Bond $1,400.00 Total payable by Tenant to Landlord $1,927.00
__________________________________________________________________________________ 4960013 2
Reasons:
1. Only the applicant landlord attended the hearing which took place by teleconference.
2. The landlord has applied for termination of the tenancy, rent arrears, compensation for damage repairs, reimbursement of the filing fee and refund of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed. The landlord advised that the tenant has vacated the premises without notice since the application for termination was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy in the sum of $2300.00.
Is the tenant responsible for the damage to the premises?
5. 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.
6. The landlord is seeking reimbursement of the insurance excess being two payments of $500.00 for repairs to a broken lounge window and repairs to holes in the walls caused during the tenancy.
7. The landlord has provided photographs and copies of invoices together with the insurance information. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
8. The amounts ordered are proved.
9. [COMPANY] As Agent For [NAME] / [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
__________________________________________________________________________________ 4960013 3
[NAME] 26 August 2024
__________________________________________________________________________________ 4960013 4
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 $200. 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/
__________________________________________________________________________________ 4960013 5
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 tenant owes $2,300 for rent arrears as proven by the landlord's rent records.
- The landlord is owed $500 for the insurance excess related to repairing a broken lounge window.
- The landlord is owed $500 for the insurance excess related to repairing holes in the walls.
- The tenant is responsible for the actions of people at the premises with their permission.
❌ Tends to be rejected
- The tenant did not provide any evidence to disprove liability for the damages.
- The tenant did not attend the hearing to dispute the claims made by the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenant's lease due to unpaid rent and damage to the premises.
What was the dispute about?
The landlord claimed the tenant owed rent and had caused damage to the premises beyond normal wear and tear.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to pay rent and caused significant damage to the premises.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 40(2)(a) were applied.
What was the argument that mattered most?
The landlord's argument that the tenant was responsible for rent arrears and damage to the premises beyond fair wear and tear was decisive.
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 pay rent on time and maintain the premises to avoid termination of their lease.
What evidence or documents mattered?
The evidence included rent records, photographs of damage, and insurance information.