Published tribunal order
Tenancy Tribunal case 5177871 — Rent arrears
Decided 18 Aug 2025 · Published 18 Aug 2025 · Application 5177871
- Rent arrears
- Property damage
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- Luke Corless must pay [The landlord/s] $19,260.71 immediately, calculated as shown in table below:
Reasons
Introduction
- In January 2023, Luke Corless (the tenant) began renting a four-bedroom home from [The landlord/s] (the landlord). In September 2024, the landlord conducted an inspection and discovered damage throughout the premises. The landlord applied to the Tribunal seeking work orders and rent arrears and in January 2025, the Tribunal made an order that the tenant pay rent arrears and comply with a work order to remedy the damage found to be caused by the tenant. 1 The landlord did not seek an order terminating the tenancy, preferring to give the tenant the opportunity to remedy the damage.
- By agreement between the parties, on 10 April 2025, the tenant moved out of the premises. The orders that the tenant repair the sliding door, replace doors in three downstairs bedrooms, and repair or replace the wooden flooring in the open plan kitchen, dining and lounge were not complied with. The landlord now makes a subsequent application to the Tribunal.
- By the date of the hearing, the landlord had made an insurance claim for the damage covered by the work order, and additional damage discovered after the tenant vacated the premises. The landlord seeks orders from the Tribunal for rent arrears as owing at the end of the tenancy, compensation for unpaid water rates and reimbursement of the insurance excess payable for the damage caused by the tenant.
- The issues for me to determine are: a. How much was owing in rent at the end of the tenancy? b. How much was owing for water rates at the end of the tenancy? c. Was the damage alleged caused by the tenant during the tenancy? And if so, should the tenant compensate the landlord for the insurance excess payable? 1 [2025] NZTT 5042728. Tribunal’s approach to the issues
- With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards. That includes a requirement that the party bringing the claim establish their claim “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fraction more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
- This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
- As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
- I apply this approach for each issue, discussed separately below.
How much was owing in rent at the end of the tenancy?
- The landlord seeks total rent arrears of $20,190.00 to 13 May 2025. On 20 May 2025, the landlord received the bond in full, being $5,120.00. Therefore, the landlord seeks outstanding rent arrears of $15,070.00 to 13 May 2025.
- The landlord says she asked the tenant to move out by 10 April 2025, and the tenant agreed. The landlord says that while the tenant did move out by that date, he did not remove all of his belongings from inside the premises until 25 April 2025, and did not removed his car from the premises until 13 May 2025.
- The landlord says there was no agreement reached that the tenant would pay rent after they moved out of the premises on 10 April 2025.
- A tenant is liable to pay rent when it is due and owing under a tenancy agreement. 2 I am satisfied the tenancy came to an end by agreement on 10 April 2025 and the tenant is liable to pay rent to that date. That is because that is the date the tenant vacated the premises and the landlord took possession. Once the landlord took possession of the premises, the tenancy came to an end and the tenant no longer had an exclusive right to occupy the premises.
- The landlord provided evidence that as at 10 April 2025, the tenant owed rent arrears totalling $13,920.00. A previous order of the Tribunal has awarded the 2 Section 40(1)(a) of the Residential Tenancies Act 1986. landlord $3,420.00 in rent arrears to 15 January 2025. 3 Therefore, the additional rent arrears accrued from 16 January to 10 April 2025 are $10,500.00.
- On 20 May 2025, the tenant’s bond was refunded to the landlord. The bond received was $5,120.00. Applying the refunded bond to the additional rent arrears, the remaining additional rent arrears still owing is $5,380.00.
- I make an order that the tenant pay the previous order of $3,420.00 in rent arrears to 15 January 2025 and $5,380.00 in additional rent arrears to 10 April 2025.
How much was owing for water rates at the end of the tenancy?
- The tenant is responsible for paying all outgoings attributable to the tenant’s consumption during the tenancy: see s 39(3) of the Residential Tenancies Act 1986 (the Act).
- The landlord has provided Watercare invoices which demonstrate that for the period 7 August 2024 to 2 April 2025 consumption water charges totalled $506.71.
- The landlord says the tenant has not made any payments towards the water charges and the tenant has not disproved liability.
- I make an order that the tenant pay the consumption water charges. Was the damage alleged caused by the tenant during the tenancy? And if so, should the tenant compensate the landlord for the insurance excess payable?
- 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.
- 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.
- The landlord produced photos used to advertise the property on TradeMe in November/December 2022, shortly before the tenancy commenced on 1 January 2023. The photos show the four-bedroom home was in excellent condition. 3 [2025] NZTT 5042728.
- The landlord produced photos taken during an inspection in September 2024 which show damage throughout the home, including dents and holes in walls, damaged doors frames, damaged wooden floors, broken fixtures such as taps, broken door handles, kitchen cabinetry removed, stained carpet and damage to the stair balustrade.
- The landlord made a claim on their insurance policy. The landlord provided evidence of the insurance settlement as per the below table:
- I am satisfied the tenant caused the damage listed above in the insurance settlement, and that the tenant is liable to pay the insurance excess for each of the 18 items listed.
- The amounts ordered are proved.
- At the hearing, the landlord sought to add an additional claim for the cost of repairing damage to blinds. As the tenant was not present at hearing and was not on-notice that the landlord was seeking the additional order, I declined to consider the additional claim. Should the tenant reimburse the landlord’s application fee?
- As the landlord has succeeded with the claim the tenant must reimburse the filing fee. #Assessment Summaryfull repair cost GST incl Policy limit Excess Settlement 1lounge Upstairs $7,582.41$8,719.773,000.00$ 550.00$ 2,450.00$ 2Handrail of the balustrade, stairs $3,819.04$4,391.903,000.00$ 550.00$ 2,450.00$ 3Garage$3,543.68$4,075.233,000.00$ 550.00$ 2,450.00$ 4Alarm system, smock alarm $1,248.00$1,435.201,435.20$ 550.00$ $885.20 5Kitchen $4,989.12$5,737.493,000.00$ 550.00$ 2,450.00$ 6batroom 1$5,702.50$6,557.883,000.00$ 550.00$ 2,450.00$ 7lounge downstairs $7,295.81$8,390.183,000.00$ 550.00$ 2,450.00$ 8bedroom 1$4,960.55$5,704.633,000.00$ 550.00$ 2,450.00$ 9bedroom 2$4,662.57$5,361.963,000.00$ 550.00$ 2,450.00$ 10bedroom 3$7,768.77$8,934.093,000.00$ 550.00$ 2,450.00$ 11hallway upstairs $5,869.63$6,750.073,000.00$ 550.00$ 2,450.00$ 12hallway downsatirs $6,006.96$6,908.003,000.00$ 550.00$ 2,450.00$ 13Bedroom 4$5,309.95$6,106.443,000.00$ 550.00$ 2,450.00$ 14exterior $5,081.20$5,843.383,000.00$ 550.00$ 2,450.00$ 15bathroom 4$2,609.28$3,000.673,000.00$ 550.00$ 2,450.00$ 16main entrance $3,552.32$4,085.173,000.00$ 550.00$ 2,450.00$ 17CCTV$1,759.20$2,023.082,023.08$ 550.00$ $1,473.08 18walk-in wardrobe upstairs $3,635.33$4,180.633,000.00$ 550.00$ 2,450.00$ Total $85,396.32$98,205.7751,458.28$ 9,900.00$ 41,558.28$ Should the landlord’s identifying details be suppressed?
- The landlord applied for suppression of their name and the tenancy address. As the application was successful, the landlord is entitled to name suppression and I make the order accordingly.