Tenant Entitled to Compensation for Stained Curtains
📌 In brief
The Tenancy Tribunal awarded compensation for stained curtains, rejecting full replacement costs due to insufficient proof that cleaning could not remedy the stain. The Tribunal considered the age and condition of the curtains and the likelihood of betterment or depreciation.
⚖️ Legal holding
A tenant is entitled to compensation for damage to premises if the landlord proves the damage occurred during the tenancy and is more than fair wear and tear.
📖 What the law says
This section outlines a tenant's responsibilities, including keeping the premises reasonably clean and tidy. It also requires the tenant to leave the premises in a reasonably clean and tidy condition when the tenancy ends.
This section states that a tenant is responsible for the actions of anyone they allow into the premises, if those actions would have been a breach of the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the premises while the tenant is there, it is assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal awarded compensation for stained curtains, rejecting full replacement costs due to lack of proof that cleaning could not remedy the stain.
📜 Headnote Official document
The Tenancy Tribunal awarded compensation for stained curtains, rejecting full replacement costs due to insufficient proof that cleaning could not remedy the stain. The Tribunal considered the age and condition of the curtains and the likelihood of betterment or depreciation.
📚 Full judgment Official document
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[2025] NZTT 5138589
TENANCY TRIBUNAL AT WELLINGTON | TE TARAIPIUNARA RETIHANGA KI TE WHANGANUI-A-TARA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] to pay [NAME] $120.00 from the bond, calculated as shown in the table below.
2. The Bond Centre is to pay the bond of $2,600.00 (6461572-001) immediately apportioned as follows:
[NAME]: $120.00
[NAME] and [NAME]: $2,480.00
Description Landlord Tenant Compensation for stained curtain $120.00 Total award $120.00 Bond $120.00 $2,480.00
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Reasons:
1. Both parties attended the hearing by video conference with Ms [NAME] appearing for the tenants.
2. The tenant has applied for refund of the bond.
3. The landlord has a claim against the bond but has not filed a counterclaim with Tenancy Services.
4. Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Where the landlord has not filed a counterclaim, the bond may be refunded in full to the tenant. However, the landlord only wishes to pursue one claim about which the tenant is fully aware and is able to answer. Therefore, I am satisfied that it is appropriate to deal with the claim.
Is the tenant responsible for curtain damage?
5. 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 RTA.
6. Where damage is proved and the item needs to be replaced, I must 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 depreciation, I must take into account the age and condition of the item at the start of the tenancy and their likely useful lifespan.
7. It is not disputed that there was small blackish mark on one of the light-coloured curtains in the lounge at the end of the tenancy. The landlord says she tried to wash the curtain but the stain did not come out. She did not have the curtain professionally cleaned or drycleaned and she seeks the cost to replace it.
8. The same curtain (which only comes in a set of two) is available from [NAME]. The landlord provided the tenant with a screen shot of the curtains and their advertised cost at [NAME] in November 2024. They were priced at $369.99. However, I note that the same curtains are currently being advertised at [NAME] for the discounted price of $295.99. The landlord confirms that she has not yet replaced the curtain.
9. The landlord says the curtains were installed new in or about March/April 2023, which would make them 2 years and 8 months old when the tenancy ended and three years old at the hearing date, which is the relevant date given that the
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landlord has not yet replaced the curtains. Current depreciation guidelines estimate that curtains in a rental property have a life of approximately 8 years. Therefore, if I awarded the landlord the replacement cost of the curtains, I would base the costs on the current discounted price advertised and would reduce the cost further for depreciation by 37.5% (3/8 years).
10. I am satisfied that the curtain mark is more than fair wear and tear, and the tenant has not disproved liability for the cost to remove the mark and/or, if the mark cannot be removed by cleaning, the cost to replace the curtain. The issue is whether the landlord is entitled to curtain replacement costs when it is not clear whether the mark might be removed by professional cleaning first. The tenant’s response to the claim was that she was happy to pay for the curtain to be cleaned.
11. I am not satisfied on the evidence that the landlord has proved that the curtain cannot be remedied by cleaning. Therefore she has not proved that the curtains must be replaced.
12. However, I consider that it is fair to award some compensation which the landlord can put towards either cleaning or replacing the curtain. I consider a reasonable allowance for curtain drycleaning is a maximum of $120 which I award.
13. Given that a sum is to be deducted from the bond to compensate the landlord, I do not order reimbursement of the filing fee paid by the tenant.
K Stirling
30 April 2025
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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 tribunal decided to hear the landlord's claim even though no formal counterclaim was filed.
- The small blackish mark on the curtain was considered more than normal wear and tear.
- The tenant did not prove they were not responsible for the curtain mark.
- The tribunal awarded compensation for drycleaning the curtain.
❌ Tends to be rejected
- The landlord's claim for full curtain replacement costs was rejected because cleaning was not ruled out.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal awarded compensation for stained curtains, rejecting full replacement costs due to insufficient proof that cleaning could not remedy the stain.
What was the dispute about?
The dispute was about whether the landlord was entitled to compensation for stained curtains at the end of a tenancy.
How did the court decide, and why?
The court decided to award compensation for the stained curtains, considering the age and condition of the curtains and the likelihood of betterment or depreciation.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 22B(2), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was whether the landlord had proven that the stain could not be remedied by cleaning.
Was the decision for or against the person who brought the case?
The decision was for the tenant, who brought the case for a bond refund.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have sufficient proof that damage cannot be remedied by cleaning before seeking compensation.
What evidence or documents mattered?
The evidence that mattered included the age and condition of the curtains and the landlord's attempt to clean the stain.