Landlord's Claim for Curtain Damages Dismissed by Tenancy Tribunal
📌 In brief
In a recent Tenancy Tribunal case, the landlord claimed damages for curtains and drapes, but the claim was dismissed due to insufficient evidence. The tenant was ordered to replace smoke alarm batteries during the tenancy period.
⚖️ Legal holding
A tenant is not liable for damages to curtains and drapes unless the landlord provides adequate evidence of damage.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the premises reasonably clean and tidy, notifying the landlord of damage or repair needs, and leaving the premises clean and tidy when moving out.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal dismissed the landlord's claim for damages to curtains and drapes, ordering the tenant to replace smoke alarm batteries.
📜 Headnote Official document
The Tenancy Tribunal dismissed the landlord's claim for damages to curtains and drapes, finding insufficient evidence provided by the landlord. The tenant was ordered to replace smoke alarm batteries during the tenancy period.
📚 Full judgment Official document
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[2025] NZTT 5064048
TENANCY TRIBUNAL - Rotorua | Te Rotorua-nui-a-kahumatamomoe
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. [NAME] to pay [COMPANY] $7.25 immediately.
Reasons:
1. Both parties attended the hearing.
2. The Landlord claimed the following: 2 x wire for net curtains $22.00
4 x drapes for lounge sliding door windows and for the bedroom off the lounge are $556.00
4 x net curtains on 2 on each window of the front bedroom $96.00
2 x Front bedroom drapes missing $218.00
2 x smoke alarm battery missing $7.25
Total 13A $899.25
3. The Landlord did not provide pre-tenancy photographs for any of its claims and relied on the pre-inspection checklist, signed by both parties, indicating net curtains/drapes were fine. The Landlord was supposed to provide photographs and further evidence before 4pm today.
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4. The Tenant says they did not check these items properly and replaced the curtains and drapes during the tenancy because they were in poor condition at the start of the tenancy. They were supposed to provide receipts before 4pm today.
5. The Landlord has not satisfied me, on the balance of probabilities, that the Tenants damaged the net curtains/drapes requiring their replacement.
6. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
[NAME]
7 March 2024
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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 successfully claimed the cost of missing smoke alarm batteries.
- The tenant is legally required to replace worn-out smoke alarm batteries during the tenancy.
- The landlord's claim for damages to net curtains and drapes was not supported by sufficient evidence.
❌ Tends to be rejected
- The landlord failed to provide pre-tenancy photographs to support claims of damage to curtains and drapes.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the landlord's claim for damages to curtains and drapes, ordering the tenant to replace smoke alarm batteries.
What was the dispute about?
The dispute was about whether the tenant was responsible for replacing damaged curtains and drapes at the end of the tenancy.
How did the court decide, and why?
The court decided that the landlord failed to provide sufficient evidence to prove that the curtains and drapes were damaged by the tenant.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(1)(ca), which requires tenants to replace smoke alarm batteries during the tenancy.
What was the argument that mattered most?
The most important argument was the requirement for the landlord to provide adequate evidence to support their claim for damages.
Was the decision for or against the person who brought the case?
The decision was against the landlord, who brought the initial claim.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have adequate evidence to support any claims for damages at the end of a tenancy.
What evidence or documents mattered?
The judgment mentions the need for pre-tenancy photographs and a pre-inspection checklist, but notes that the landlord failed to provide these documents.