Tenant Held Liable for Damages at End of Lease
📌 In brief
In this Tenancy Tribunal case, the tenant was found liable for replacing a hot water cylinder, curtains, lightbulbs, and other items, and for reimbursing the landlord's costs including filing fees. The Tribunal ruled that tenants must leave the premises clean and tidy, remove all rubbish, return all keys and security devices, and replace worn-out smoke alarm batteries during the tenancy.
⚖️ Legal holding
A tenant is liable for the replacement of damaged items and for reimbursing the landlord's costs if the damage exceeds fair wear and tear.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy. It also requires the tenant, when moving out, to leave the premises in a reasonably clean and tidy condition and to remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully recovered costs from the respondent for damages and replacements at the end of the tenancy.
📜 Headnote Official document
In a Tenancy Tribunal case, the tenant was held liable for replacing a hot water cylinder, curtains, lightbulbs, and other items, and for reimbursing the landlord's costs including filing fees. The Tribunal ruled that the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and replace worn-out smoke alarm batteries during the tenancy.
📚 Full judgment Official document
__________________________________________________________________________________ 5118388 1
[2025] NZTT 5118388
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $3,647.67 immediately, calculated as shown in table below.
Description Landlord Tenant Hot water cylinder $2,313.67 Replace furnishings: Curtains and lightbulbs $385.00 Glazing $922.00 Filing fee reimbursement $27.00 Total award $3,647.67 Total payable by Tenant to Landlord $3,647.67
Reasons:
1. The landlord attended the hearing. The tenant was called on the number provided but did not reply. The absence of a party does not prevent the matter from being heard and determined.
2. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
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Did the tenant comply with their obligations at the end of the tenancy?
3. 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
4. The landlord found the hot water cylinder, curtains and tracks were missing at the end of the tenancy. The landlord had to replace some light bulbs.
5. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
6. 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.
7. 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). See section 49B(3)(a) RTA.
8. 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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
9. 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) RTA.
10. 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. See Guo v Korck [2019] NZHC 1541.
11. The following damage was caused during the tenancy: multiple windows/panes of glass were cracked and broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
12. The amounts ordered are proved.
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13. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim, the tenant must reimburse the filing fee.
A Macpherson 30 April 2025
__________________________________________________________________________________ 5118388 4
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. 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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved that the hot water cylinder, curtains, and tracks were missing at the end of the tenancy.
- The landlord proved that some light bulbs needed replacement.
- The landlord proved that multiple windows/panes of glass were cracked and broken during the tenancy.
- The damage to the premises was more than fair wear and tear.
- The tenant was ordered to reimburse the filing fee because the landlord succeeded with the claim.
❌ Tends to be rejected
- The tenant failed to disprove their liability for the damage.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision decided that the tenant was liable for the costs of replacing a hot water cylinder, curtains, lightbulbs, and other items, and for reimbursing the landlord's costs including filing fees.
What was the dispute about?
The dispute was about whether the tenant was responsible for the costs of replacing items and reimbursing the landlord's costs at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant was liable because the damage exceeded fair wear and tear and the tenant failed to maintain the premises as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(1)(ca), and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for maintaining the premises and replacing damaged items as required by the Residential Tenancies Act 1986.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, the landlord.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that they could be held liable for the costs of replacing damaged items and reimbursing the landlord's costs at the end of the tenancy.
What evidence or documents mattered?
The evidence included the condition of the premises at the end of the tenancy and the costs incurred by the landlord for replacements and filing fees.