Tribunal Grants Landlord Possession Over Tenant's Arrears and Damage
📌 In brief
The Tenancy Tribunal granted possession to the landlord and ordered the tenant to pay outstanding rent and damages due to the tenant's breach of obligations under the Residential Tenancies Act 1986. The Tribunal found the tenant responsible for the damage to the premises and the outstanding rent.
⚖️ Legal holding
A tenant is liable for rent arrears and damage to the premises during the tenancy.
📖 What the law says
This section outlines a tenant's basic responsibilities, including paying rent on time, keeping the property reasonably clean, and notifying the landlord of any damage or needed repairs. It also requires the tenant to leave the property clean and tidy and remove all their belongings and rubbish when the tenancy ends.
This rule states that a tenant is responsible for the actions of anyone they allow onto the property if those actions would have been a breach of the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the property while the tenant is there, it's assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted possession to the landlord and ordered the tenant to pay outstanding rent and damages.
📜 Headnote Official document
The Tenancy Tribunal granted possession to the landlord and ordered the tenant to pay outstanding rent and damages due to the tenant's breach of obligations under the Residential Tenancies Act 1986. The Tribunal found the tenant responsible for the damage to the premises and the outstanding rent.
📚 Full judgment Official document
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[2026] NZTT 5501189
TENANCY TRIBUNAL AT REMOTE
APPLICANT: [redacted]
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the [Tenant/Landlord] name and identifying details.
2. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated and possession is granted to Client First Limited T/[COMPANY] immediately.
3. The Bond Centre is to pay the bond of $2,600.00 (BN-00130146) to Client First Limited T/[COMPANY] immediately.
4. [NAME] is to pay Client First Limited T/[COMPANY] $520.34 immediately, calculated as follows:
Description Landlord Rent to 5 May 2026 $2,748.86 Damage to carport – repaired $371.48 Total award $3,120.34 Minus Bond $2,600.00 Tenant to pay $520.34
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Reasons:
1. Both parties 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 or about 5 May 2026. The landlord provided rent records which prove the amount owing at the end of the tenancy: $2,748.86
Is the tenant responsible for the damage to the premises?
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. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. There was a carport leak during the tenancy, caused by a water outlet pipe from one of the Tenant’s appliances, discharging water outside her home and
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underneath a carport. The Tenant acknowledges the damage. The amount of the repair was $371.48.
11. The amounts ordered are proved.
12. I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
[NAME]
14 May 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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 rent records proving $2,748.86 was owed for rent.
- The tenant acknowledged causing damage to the carport, costing $371.48.
- The tribunal considered the cost of repairs without considering betterment or depreciation.
- The tribunal found the tenant responsible for the actions of people at the premises with their permission.
❌ Tends to be rejected
- The tenant argued that the damage was due to fair wear and tear, but the tribunal disagreed.
- The tenant claimed they were not responsible for the damage since they did not cause it directly, but the tribunal ruled against them.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted possession to the landlord and ordered the tenant to pay outstanding rent and damages.
What was the dispute about?
The dispute was about the tenant's responsibility for rent arrears and damage to the premises during the tenancy.
How did the court decide, and why?
The court decided that the tenant was responsible for the rent arrears and damage to the premises because the landlord provided proof of the damage and the outstanding rent.
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 argument that mattered most was that the tenant was responsible for the damage to the premises and the outstanding rent under the Residential Tenancies Act 1986.
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 are not responsible for damage to the premises and that they pay all rent as agreed.
What evidence or documents mattered?
The evidence that mattered included rent records and proof of the damage to the premises.