Tenancy Tribunal Orders Tenant to Pay Rent Arrears and Damages

OUTCOME: Allowed

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[2026] NZTT 5427569

TENANCY TRIBUNAL AT TAUMARUNUI | TE TARAIPIUNARA RETIHANGA KI TAUMARUNUI

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] must pay [APPELLANT] $4,203.61 immediately, calculated as shown in table below.

Description Landlord Tenant Rent arrears 25/11/2025 – 27/11/2025 $120.00 Cleaning $350.00 Lawns and Garden work $50.00 Lock/key replacement $239.68 Replace carpet hallway and bedroom $1,171.87 Replace vinyl flooring kitchen $1,171.87 Replace laundry tub and outlet cap Reimbursement of filing fee

$1,072.19 $28.00

Total award $4,203.61 Total payable by Tenant to Landlord $4,203.61

Reasons:

1. Ms [COUNSEL] appeared for the landlord by video link. There was no appearance by the tenant. I made a phone call to the tenant’s contact number provided, but the

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call went to voicemail. I am satisfied the tenant has been advised of the date, time, and mode of hearing. The hearing has proceeded in the tenant’s absence.

2. On 24 November 2025, the Tribunal terminated the tenancy effective 26 November 2026 and awarded rent arrears to 24 November 2026, a refund of the bond, and reimbursement of the filing fee. The rent arrears balance is under enforcement.

3. On 19 January 2026, the landlord filed a claim for rent arrears from 25 November 2025 to the vacate date of 27 November 2025, as well as compensation for cleaning, lawn mowing, failure to return keys, and damage to carpet, vinyl flooring, and laundry tub.

Rent

4. Although the Tribunal terminated the tenancy on 26 November 2026, the tenant remained liable for rent until vacating the [APPELLANT] on 27 November 2025. The landlord has provided rent records which prove the amount owing from 25 November 2025 to 27 November 2025.

Cleaning / lawns / keys

5. The landlord claims the tenant did not leave the [APPELLANT] reasonably clean, did not leave the lawns in a reasonable condition, and failed to return the keys.

6. The landlord seeks $350.00 for cleaning, $50.00 for lawn mowing, and $239.68 for lock replacement.

7. The [APPELLANT] is a 1960s two-bedroom house that was renovated before the tenancy. The tenant was the first occupant after renovation.

8. The landlord has provided a pre-tenancy and end-of-tenancy inspection report, each with photographs. The pre-tenancy report also includes a photograph of the keys supplied.

Law

9. At the end of the tenancy, the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii) -(v) Residential Tenancies Act 1986 (Act).

10. The Act does not require the premises to be provided or returned in a spotless or immaculate condition. The standard is based on what an average bystander would consider reasonable, and not on the subjective opinions of the landlord and tenant.

11. The standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in good condition will be easier to clean than older, worn surfaces, particularly painted ones.

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12. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy ([NAME] v [NAME], DC [NAME], TT 2539/93 and 2540/93, 4 November 1994).

13. Determining whether the tenant has failed to leave the [APPELLANT] reasonably clean and tidy, and remove all rubbish, will involve an objective assessment.

Analysis and decision

14. The [APPELLANT] was provided in a reasonably clean condition. The lawns were freshly mown. Based on the end of tenancy photographs I am satisfied that the [APPELLANT] was not returned in a reasonably clean and tidy condition. The lawn required mowing, and the keys were not returned. The amount of compensation claimed is reasonable and is awarded.

Damage

15. The landlord claims that the tenant is responsible for damage to the hallway and bedroom carpet, vinyl flooring in the kitchen, and laundry tub. The landlord has [NAME] for damage with a $1,250.00 excess per claim. Claims to replace the carpet and vinyl have been accepted, and the landlord seeks the applicable excesses. The cost to replace the laundry tub was less than the excess.

Law

16. To succeed with a claim for damage, the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, the tenant must prove, to avoid liability, that they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (Act).

17. 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. See Taylor v Webb [1937] 2KB 283 (CA).

18. Where the damage is caused carelessly, and is covered by the landlord's [NAME], the tenant's liability is limited to the lesser of the [NAME] 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) of the Act.

19. 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) of the Act.

20. Damage is intentional when a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional when a person does something or allows a situation to continue, knowing that damage is certain. [NAME] v Korck [2019] NZHC 1541.

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21. In dealing with the issue of carelessness, the question is whether the tenant was exercising a degree of care and attention that a reasonable and prudent tenant would exercise in the circumstances.

22. Under section 40(1)(d) of the Act, the tenant must notify the landlord, as soon as possible after discovery, of any damage to the premises or of the need for any repairs. A failure to do so may result in the tenant being liable for any subsequent damage.

23. The test is objective and not based on the subjective opinion of the tenant or landlord.

24. The Tribunal may award damages for losses arising from a breach that are reasonably foreseeable, that is, a loss that naturally flows from the breach. Losses that do not will be considered too remote.

25. When awarding compensation for damage, the Tribunal must also consider 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 betterment and depreciation, the Tribunal must consider the age and condition of the items at the start of the tenancy and their estimated useful life.

Analysis and decision

26. The landlord bears the burden of proof. The standard is the balance of probabilities. The landlord must establish, more likely than not that the tenant has breached the terms of the agreement or the provisions of the Act.

Carpet and vinyl flooring.

27. The carpet and vinyl flooring were new at the commencement of the tenancy.

28. The landlord has provided photographs of carpet in the hallway showing multiple small burn marks and a photograph of the carpet in a bedroom with a burn mark in the shape of an iron. The landlord has also provided a photograph of a burn mark and bubbling on the vinyl flooring in the kitchen.

29. The landlord stated that the damage to the carpet and vinyl flooring was discovered during an inspection before the end of the tenancy. The landlord states that the tenant explained they had dropped a hot pan on the kitchen floor and then carried it out of the house through the front door, damaging the floor and carpet. The landlord questions this explanation, noting there is a back door leading from the kitchen.

Laundry tub

30. There is an outlet valve beneath the laundry tub which is used to connect the washing machine. The landlord has provided a photograph showing the valve capped at the start of the tenancy. The cap is removed when installing a washing

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machine. During the tenancy, the tenant installed and then later removed a washing machine. At the end of the tenancy, the landlord found the cap had not been replaced, resulting in water entering the cabinet below, causing swelling damage. The landlord provided photographs showing the missing cap, towels placed under the valve, and damage to the cabinet.

Analysis and decision

31. I am satisfied that the damage to the carpet and vinyl flooring occurred during the tenancy and is more than fair wear and tear. The evidence indicates that the damage was caused by carelessness.

32. It is likely that the tenant knew the valve cap was missing but did not report it. I am satisfied damage occurred during the tenancy and that it is more than fair wear and tear. Again, likely due to carelessness.

33. Concerning betterment, according to IRD depreciation guidelines, carpets and vinyl flooring in residential rental properties have an estimated useful life of about 8 years, and fixed plumbing fixtures such as laundry tubs have a useful life of about 15 years.

34. The carpet and vinyl flooring were 6 months, or 6.25%, into their 8-year lifespan. I therefore reduce the claim by 6.25% and award $1,171.87 for each.

35. The laundry tub was 6 months, or 3.33%, into its 15-year lifespan. I therefore reduce the claim by 3.33% and award $1,072.19.

Costs

36. As [APPELLANT] has substantially succeeded with the claim I have reimbursed the filing fee.

Name suppression

37. Although the landlord has been substantially successful with their claim and entitled to name suppression, they do not seek it, and no orders are made.

[NAME]

09 June 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 [APPELLANT] 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 [APPELLANT].

If you require further help or information regarding this matter, visit [NAME]/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 [NAME]/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.[NAME] https://www.[NAME] http://www.[NAME]

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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi : [NAME]/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: