Tenant Liable for Carpet and Curtain Damages
📌 In brief
The Tenancy Tribunal decided that tenants must pay $500 from the bond for damages to the premises, including a stained carpet and burned curtains. The landlord's claim for missing smoke alarms was dismissed.
⚖️ Legal holding
A tenant is liable for damage to the 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 paying rent, keeping the premises reasonably clean and tidy, notifying the landlord of damage or repair needs, and leaving the premises clean and tidy when moving out.
This section states that a tenant is responsible for the actions of anyone they allow onto the premises, if those actions would have broken 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 Tenancy Tribunal awarded the landlord $500 from the bond for damages to the premises.
📜 Headnote Official document
The Tenancy Tribunal awarded the landlord $500 from the bond for damages to the premises, including carpet staining and curtain burning, while dismissing claims for missing smoke alarms.
📚 Full judgment Official document
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[2025] NZTT 5208351
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] to pay [NAME] $500.00 from the bond, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $1,270.00 (3459570-013) immediately apportioned as follows:
[NAME]: $500.00
[NAME] and [NAME]: $770.00
Description Landlord Tenant Carpet patch $200.00 Curtain replacement $300.00 Total award $500.00 Bond $500.00 $770.00
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Reasons:
1. Both parties attended the hearing which was held by video conference.
2. The landlord has applied for compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.
Are the tenants responsible for the damage to the premises?
3. 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.
4. 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.
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). 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.
6. The landlord claims for the patching of a carpet in the lounge and replacement curtains in a bedroom.
7. I accept that the damage to both of these occurred during the tenancy. There was no indication of a stain on the carpet in the pre-entry inspection report and a photo taken the day after the tenancy ended shows a significant stain.
8. The curtains in the bedroom were new at the beginning of the tenancy and a photo taken the day after the tenancy ended shows what appears to be a burn in the curtain.
9. I also accept that a reasonable way of repairing the carpet was to patch it, given that the tenants’ attempt to clean the carpet did not remove the stain. The amount would be less than any insurance excess available, if the landlord was insured for this damage.
10. I also accept that both curtains needed to be replaced so that they would match.
11. In awarding $300.00 for replacement curtains, I have taken 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.
12. Again, any insurance excess payable would be greater than this amount.
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Smoke alarms
13. The landlord also makes a claim for the replacement of 2 smoke alarms.
14. I am dismissing this part of the landlord’s claim for reasons that include:
(a) After the tenancy ended the landlord advised the tenants that 2 smoke alarms were missing. The tenants advised the landlord where they could be located; and
(b) There was no evidence that these were not located, although at the hearing the landlord stated that they were located but they were not working; and
(c) There was no evidence provided that at that time they weren’t working; and
(d) The smoke alarms were replaced 6 months after the tenancy ended.
Filing fee reimbursement and suppression of name
15. I am not ordering the tenants to reimburse the filing fee to the landlord because the landlord was not wholly, or even substantially, successful in the claim.
16. For the same reason I am not allowing the landlord’s application for suppression of her name.
C ter Haar
03 June 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 landlord proved that a significant carpet stain appeared during the tenancy, as shown in a post-tenancy photo.
- The landlord proved that bedroom curtains, new at the start of the tenancy, had a burn mark after the tenancy ended.
- Patching the carpet was deemed a reasonable repair method because the tenants' cleaning attempt failed to remove the stain.
- Both curtains needed replacement to ensure they matched, and the award accounted for depreciation.
❌ Tends to be rejected
- The landlord's claim for replacing smoke alarms was dismissed because the tenants had advised where they could be located.
- The landlord's claim for replacing smoke alarms was dismissed because the alarms were replaced six months after the tenancy ended.
- The landlord was not reimbursed for the filing fee because they were not substantially successful in their claim.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided that tenants must pay $500 from the bond for damages to the premises, including a stained carpet and burned curtains.
What was the dispute about?
The dispute was about whether the tenants were responsible for the stained carpet and burned curtains, and whether they were liable for missing smoke alarms.
How did the court decide, and why?
The court decided that the tenants were liable for the carpet and curtain damages because the landlord proved that the damage occurred during the tenancy and was more than fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The most important argument was that the landlord proved the stains and burns occurred during the tenancy and were more than fair wear and tear.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that any damage to the premises is documented and addressed properly to avoid liability.
What evidence or documents mattered?
Photos showing the stained carpet and burned curtains were crucial evidence.