Published tribunal order
Tenancy Tribunal case 5479149 — Rent arrears
Decided 7 May 2026 · Published 7 May 2026 · Application 5479149
- Rent arrears
- Property damage
Party names are redacted in the official published order.
Order
- At the request of the parties, the names and identifying details of both parties are suppressed.
- [The tenant/s] must pay [The applicant/s] $14,098.21 immediately, calculated as shown in table below.
- The Bond of $3,980.00 is to be paid to [The applicant/s] immediately.
Reasons
- Both parties attended the hearing via teleconference.
- 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 and water rates?
- The tenancy ended on 28 April 2026. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
- I order the tenant to pay the landlord $10,638.57 for rent arrears and $736.39 for water rates arrears. Damage claims
- For damage claims, 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 Residential Tenancies Act 1986 (“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.
- 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.
- There was damage on the walls and doors caused by the tenant’s flatmate. The tenant accepted having accidentally caused damage to the carpets. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- I order the tenant to pay the landlord $3,375.25 for repair of the damage caused by the flatmate, and $3,300.00 for three insurance excess for the damage caused to the carpet.
- The amounts ordered are proved. Reimbursement of the filing fee
- Because the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee. Bond refund
- The bond of $3,980.00 paid by the tenant is to be paid to the landlord to offset the actual amount payable by the tenant.