Tenancy Tribunal Rules Tenant Responsible for Kitchen Benchtop Repair Costs

OUTCOME: Dismissed

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[2026] NZTT 5467989, 5504052

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted]

Landlord

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [APPELLANT] must pay [RESPONDENT], [NAME] [RESPONDENT] $778.00 from the bond immediately, calculated as follows in the table below.

Description Landlord Tenant Compensation: Insurance excess for kitchen bench $750.00 Filing fee $28.00 Total award $778.00 Bond $778.00 $2,022.00

2. The [COMPANY] is to pay the bond of $2,800.00 (BN-17455719) immediately apportioned as follows:

[RESPONDENT] and [NAME] [RESPONDENT]: $778.00

[APPELLANT]: $2,022.00

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Reasons:

1. Both parties attended the hearing on 9 June 2026.

2. The tenant seeks a refund of their bond. The landlord has filed a cross- application seeking compensation of $750.00 for the insurance excess to repair the kitchen benchtop.

3. Each party must prove their claim to the civil law standard of proof, on the balance of probabilities.

Is the tenant responsible for damage sustained to the kitchen benchtop during the tenancy?

The law

4. 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.1

5. Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant.2

Analysis

6. The landlord submitted photographs taken at the beginning of the tenancy. No staining to the kitchen benchtop is apparent. The landlord submitted photographs taken at the end of the tenancy. Discolouration to the kitchen benchtop is apparent. The discolouration is towards the top of the benchtop, immediately above the sink. The shape of the discolouration is a large square.

7. A comparison of the photographs of the kitchen benchtop taken at the beginning and end of the tenancy, convinces me on the balance of probabilities that the kitchen benchtop was stained during the tenancy. I now turn to consider whether the staining exceeds fair wear and tear.

8. The tenant gave evidence that they did not use the dishwasher and only ever dried their dishes by hand. The tenant claims they dried their dishes using a wooden drying rack, which was situated at the top of the kitchen benchtop

1 Residential Tenancies Act 1986, sections 40(2)(a), 41 and 49B. 2 See discussion in [NAME] [COMPANY] v McKeefry [2019] NZTT 4114629, 4169403.

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above the location of the sink. The tenant claims they kept a tray underneath the drying rack to collect excess water. The staining on the kitchen benchtop appears to be where the tenant kept the drying rack and tray.

9. The landlord has had the damage assessed by a qualified stone technician. They submitted a copy of an email sent by [COMPANY] on 3 February 2026. It states:

Good morning [NAME]

On our site assessment I performed a couple of tests to see if the stain could be removed and the results of the tests show that there was a large measure of hard water build up on the surface of the benchtop, which seems to be contributing to the staining making it difficult to remove…

10. This evidence convinces me on the balance of probabilities that the staining is a result of the permanent placement of the drying rack on top of the benchtop by the tenant. It appears that excess water from the drying rack has deposited onto the kitchen benchtop over time and caused staining. The drying rack does not appear to have been regularly moved or dried underneath.

11. Whilst it is reasonable to wash dishes by hand and use a drying rack, where the drying rack is placed directly on top of a kitchen benchtop, the area underneath needs to be regularly cleaned and dried and the drying rack moved. On the balance of probabilities, I am convinced this did not occur in the present case. For this reason, and by a relatively slim margin, I find the damage exceeds fair wear and tear.

12. The tenant has not proven that the damage was not intentionally or carelessly caused, on the balance of probabilities.

13. For all of these reasons, I find the tenant is responsible for the cost to repair the kitchen benchtop. The landlord’s insurer has accepted the landlord’s claim and the landlord has only paid an excess of $750.00. Therefore, the landlord’s claim for compensation is granted for $750.00.

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Filing fee & name suppression

14. Because the landlord has been wholly successful with their claim, I must order the tenant to reimburse the filing fee.

15. The tenant has not been wholly or substantially successful with their claim. For this reason, I do not order the landlord to reimburse the filing fee, nor do I grant the tenant’s request for name suppression.

[APPELLANT]

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 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: