Tenant's Lease Terminated for Rent Arrears and Premises Damage
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they failed to pay rent and keep the house clean. The tenant was ordered to pay back rent and fix damages to the property.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated if they fail to pay rent and maintain the premises.
📖 What the law says
This rule states that a tenant must pay rent on time as agreed in their tenancy, 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 premises reasonably clean and tidy and remove all their belongings and rubbish.
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 tenancy of a tenant due to significant rent arrears and failure to maintain the premises in a reasonable state of cleanliness. The tenant was ordered to pay outstanding rent and compensate the landlord for damages.
📚 Full judgment Official document
__________________________________________________________________________________ 5029528 1
[2025] NZTT 5029528
TENANCY TRIBUNAL AT VIDEO LOCATION
TE TARAIPIUNARA RETIHANGA KI VIDEO
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [COMPANY] [NAME], at 11:59pm on Tuesday 25 February 2025.
2. The Bond Centre is to pay the bond of $2,520.00 (6428703-009) to [COMPANY] As Agent For [COMPANY] [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agent For [COMPANY] [NAME] $17,374.50 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 25/02/25 $13,140.00 Cleaning $920.00 Rubbish removal $2,012.50 Repairs: Carpets in lounge and all bedrooms $1,667.50 Repairs: Toilet and bathroom walls $632.50 Repairs: Exterior paint damage $1,035.00 Repairs: Two broken windows $460.00 Filing fee reimbursement $27.00 Total award $19,894.50 Bond $2,520.00 Total payable by Tenant to Landlord $17,374.50
__________________________________________________________________________________ 5029528 2
Reasons:
4. The landlord attended the hearing. The tenant did not.
5. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
6. The landlord has applied for termination of the tenancy, possession, rent arrears, compensation, refund of the bond and reimbursement of the filing fee.
Should the tenancy be terminated?
7. Section 55(1)(a) of the Residential Tenancies Act 1986 (RTA) confirms that the Tribunal shall make an order terminating the tenancy if it is satisfied that the rent was, at the date on which the application was filed under section 86, at least 21 days in arrears.
8. The tenant’s rent was at least 21 days in arrears on the date the application was filed, being 9 October 2024. The tenancy was still in significant arrears as at today. The Tribunal in this matter has no discretion as it would be unconscionable for it not to terminate the tenancy.
9. The tenancy is terminated, and possession granted to the landlord.
10. The tenancy ends at 11:59pm today, but because the landlord cannot, pursuant to section 138(1)(a) of the District Court Act 2016, enforce the eviction order for 48 hours, and is unlikely to be able to take possession of the premise until 27 February 2025. This gives the tenant time to move any belongings out of the premise that she wants to retain.
11. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with her obligations to keep the premise in a reasonable state of cleanliness and tidiness?
12. The tenant must keep the premises reasonably clean and tidy. See section 40(1)(c) of the Residential Tenancies Act 1986 (“RTA”).
13. The property inspection reports dated18 July 2024 and 26 September 2024 prove the tenant did not keep the premises reasonably clean and tidy and did not remove all her rubbish.
14. The landlord issued a 14-day notice to the tenant on 2 August 2024, requesting that she clean up the rubbish, repair the damage to the premise, clean the premise and remove the dog from the premise.
15. The tenant did not undertake the required remediation work listed in the 14 day notice in the required timeframe.
__________________________________________________________________________________ 5029528 3
16. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. The following damage was caused carelessly during the tenancy:
a. The toilet and bathroom walls were damaged and needed repair and paint; and
b. There was damage to an exterior wall that needed to be plastered, sanded and painted; and
c. There were two broken windows; and
d. The carpet needed repair in the lounge and all the bedrooms.
24. The evidence produced by the landlord proves on the balance of probabilities that this damage is more than fair wear and tear and is the result of careless
__________________________________________________________________________________ 5029528 4
acts or omissions by the tenant or persons in the premise with the tenant’s consent. The tenant did not attend the hearing today and has not submitted any evidence to the Tribunal disproved liability for the damage.
25. The amounts ordered are proved.
26. I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Reimbursement of filing fee
27. [COMPANY] As Agent For [COMPANY] [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
25 February 2025
__________________________________________________________________________________ 5029528 5
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/
__________________________________________________________________________________ 5029528 6
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's rent was at least 21 days in arrears when the landlord filed the application.
- Inspection reports showed the tenant did not keep the premises clean and tidy.
- The tenant did not undertake the required remediation work listed in the 14-day notice.
- Evidence proved that the damage to the premises was more than fair wear and tear and was caused carelessly by the tenant.
❌ Tends to be rejected
- The tenant did not provide any evidence to disprove liability for the damage to the premises.
- The tenant did not attend the hearing, thus failing to present their side of the story.
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 rent arrears and damage to the premises.
What was the dispute about?
The dispute was over unpaid rent and the condition of the premises, which the tenant did not maintain properly.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not pay rent and kept the premises in poor condition, violating their obligations under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54, 40(1)(c), and 49B were applied.
What was the argument that mattered most?
The most important argument was that the tenant had not paid rent for at least 21 days and had not maintained the premises in a reasonable state of cleanliness.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case, as the tenancy was terminated.
What does this mean for someone in a similar situation?
Someone in a similar situation might also face termination of their tenancy if they fail to pay rent and maintain the premises properly.
What evidence or documents mattered?
The evidence included rent records and property inspection reports showing the state of the premises and the extent of the damage.