Tenancy Tribunal Orders Tenant to Pay Damages and Bond

OUTCOME: Allowed

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[2026] NZTT 5439559

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] must pay [APPELLANT] [NAME] $3,499.07 immediately, calculated as shown in table below.

Description Landlord Tenant Cleaning $783.92 Rubbish removal $2,439.87 Repairs: Wall damage and toilet roll holder $191.28 Lawns and Garden work $200.00 Carpet replacement - depreciated $86.00 Total award $3,701.07 Bond – held by landlord $202.00 Total payable by Tenant to Landlord $3,499.07

Reasons:

1. The landlord attended the hearing.

2. The tenant did not connect to the MS Teams link provided to them and nor did they connect via telephone as instructed in the Notice of Hearing sent to them. The tenant was served to an address she provided to the landlord in

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writing within two years before the application was filed. The hearing proceeded in their absence.

3. The landlord has applied for compensation and payment of the bond following the end of the tenancy. Pre-tenancy and post-tenancy inspection reports were filed in support of the claim and evidence of the costs claimed.

Relevant legal considerations

4. The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).

5. With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally 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.

The Law – tenant’s obligations at the end of the tenancy

6. At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 1

The Law - Tenants responsibility for damage

7. A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises.2

8. Where a landlord is claiming compensation for damage 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.3

9. Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use.4

1 RTA, 40(1)(e). 2 RTA, s 40 (2)(a). 3 RTA s 40(2)(a), 41, 49B. 4 See Taylor v Webb [1937] 2KB 283 (CA).

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10.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).5 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).6 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.7

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.8 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.9

12. In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Cleaning and rubbish removal

13.The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. A significant amount of rubbish required removal. Cleaning and lawn work was required. The amounts ordered are proved.

Damage claims

14.The following damage was caused during the tenancy:

a. Several walls had holes, and the toilet roll holder was removed.

b. The carpet was damaged with a strong pet odour and stains. The carpet was replaced, and the landlord has claimed an amount reflecting depreciation as the carpet was 9 years old and the landlord said the carpet would have a useful lifespan of 10 years. There is no suggestion that the landlord attempted to clean the carpet in the first instance, but carpet cleaning costs would likely exceed the amount

5 RTA s 49B(3)(a). 6 RTA, s 49B(3)(b). 7 RTA s 49B(3A)(a). 8 RTA s 49B(1). 9 [NAME] v Korck [2019] NZHC 1541.

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claimed in any event. The amount claimed is reasonable to reflect the tenant’s breach and degree of loss.

15.The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved.

Bond

16.The bond is held by the landlord and deducted from the amounts ordered.

Filing Fee

17.The landlord waived the filing fee and suppression.

[RESPONDENT] [NAME]

28 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: