Tribunal Awards Landlord $1,490 for Rent Arrears and Window Repairs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $1,490 from the bond for unpaid rent and window repairs. The tenant did not attend the hearing, and the Tribunal relied on the landlord's evidence.
⚖️ Legal holding
A tenant is liable for rent arrears and damage to the premises during the tenancy.
📖 Technical summary
The Tribunal awarded the landlord $1,490 from the bond due to rent arrears and window repairs.
📜 Headnote Official document
The Tenancy Tribunal awarded the landlord $1,490 from the bond due to rent arrears and window repairs. The Tribunal found that the tenant was responsible for the damages and did not attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5154231
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] to pay [NAME] $1,490.00 from the bond, calculated as shown in table below.
Description Landlord Tenant Rent arrears $1,290.00 Window repairs $200.00 Total award $1,490.00 Bond $1,490.00 $230.00
2. Service of the Notice of Hearing in accordance with the Residential Tenancies Act 1986 (“RTA”) is dispensed with. The existing notice of hearing, which was served on the address for service provided by the tenant, is deemed to be sufficient service (Section 91A and B RTA).
Reasons:
1. The landlord attended the video hearing.
2. The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated time. There was no response to the call.
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3. Section 91A RTA provided, at the date this application was filed, that more stringent service requirements will apply where an application is filed by a landlord more than two months after the termination of a tenancy. The application was filed more than 2 months after the end of the tenancy. The landlord provided an address for service for the tenant, which had been provided by the tenant in the bond transfer form at the commencement of the tenancy. The address was for the tenant’s grandmother.
4. Where the Tribunal is satisfied that all reasonable efforts have been made to serve the notice on the tenant, the Tribunal may dispense with the requirement for service and deal with the application as if the notice had been served on the tenant in accordance with the RTA. In the circumstances of this case, where the tenant has provided an address for service which is an address for a relation of the tenant, I am satisfied that all reasonable efforts have been made to bring the notice to the attention of the tenant and I dispense with the requirement for further service on the tenant (s.91B (1)(b) and (2)(c) RTA)
5. The landlord has applied for rent arrears, compensation and refund of the bond, following the end of the tenancy.
How much is owed for rent ?
6. The tenancy ended on 5 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,290.00 .
Is the tenant responsible for the damage to the premises?
7. 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.
8. 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.
9. 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.
10. 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
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tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
11. 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.
12. 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.
13. A window was broken during the tenancy. When the landlord asked the tenant how this had occurred, the tenant said that he had had an argument with a girlfriend. The girlfriend had thrown something at him which caused damage to the window. The tenant is liable for the acts of anyone present at the premises with the consent of the tenant. The landlord provided an invoice for $200.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
14. The amounts ordered are proven.
[NAME]
07 May 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 landlord provided proof of the exact amount of rent arrears owed.
- The landlord showed that a window was damaged during the tenancy and the damage exceeded fair wear and tear.
- The tenant did not attend the hearing and did not provide any evidence to dispute the claims.
- The landlord provided an address for service that the tenant had previously confirmed, meeting the legal requirements for service.
❌ Tends to be rejected
- The tenant claimed the window damage was caused by a third party but did not provide evidence to support this claim.
- The tenant did not respond to the notice of hearing, failing to challenge the landlord's claims directly in the tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided that the tenant must pay the landlord $1,490 from the bond for rent arrears and window repairs.
What was the dispute about?
The dispute was about the tenant owing rent arrears and being responsible for window repairs during the tenancy.
How did the court decide, and why?
The court decided that the tenant was responsible for the rent arrears and window repairs because the landlord provided proof of these expenses and the tenant did not attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 91A and 91B were applied.
What was the argument that mattered most?
The most important argument was that the landlord provided evidence of the rent arrears and window repairs, and the tenant did not respond to the hearing.
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 provide evidence for any claims and attend the hearing to present their case.
What evidence or documents mattered?
The evidence that mattered included rent records and an invoice for window repairs.