Tenant Ordered to Pay $1,507.00 for Premises Damage
📌 In brief
In a recent Tenancy Tribunal case, a tenant was ordered to pay $1,507.00 to the landlord for damages and bond repayment. The Tribunal found the tenant responsible for the damage to the premises, which included stains and broken fixtures.
⚖️ Legal holding
A tenant is liable for damage to the premises if the landlord proves the damage occurred during the tenancy and exceeded 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 actions of others who are on the premises with their permission 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's assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay $1,507.00 to the landlord for damages and bond repayment.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,507.00 to the landlord for damages and bond repayment, finding the tenant liable for the damage under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5084789
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] agent for [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] acting as agent for [COMPANY] $1,507.00 immediately, as calculated in the table below:
Description Landlord Tenant Repairs (insurance excess contribution) $3,000.00 Cleaning $160.00 Filing fee reimbursement $27.00 Total award $3,187.00 Bond $1,680.00 Total payable by Tenant to Landlord $1,507.00
2. The Bond Centre is to pay the bond of $1,680.00 (3161518-038) to [COMPANY] acting as agent for [COMPANY] immediately.
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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Is the tenant 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 Residential Tenancies Act 1986 (RTA).
4. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
5. 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.
6. 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.
7. 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.
8. 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.
9. The landlord claims for damage that has occurred in the lounge/kitchen, bedroom one and bedroom two. This includes damage to the carpet, staining from items such as nail polish and makeup. It also includes damage to the walls, doors, an extraction fan, and internal linings. The landlord has provided photographs prior to the tenancy commencing and post tenancy to prove that the damage occurred during the tenancy. The landlord claims that this damage was intentional, as the extent of the damage shows that it wasn’t a minor spill or issue, and that it could have been prevented.
10. The landlord has been able to obtain insurance for the damage. The insurance company has considered each bedroom a different event, and so has charged
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three excess amounts of $1,650.00 for each bedroom, totalling $4,950.00. The actual cost of the remedial work was much higher.
11. The landlord was also required to clean the property at a cost of $160.00 following the remedial work.
12. The tenant accepts that a couple of the claimed items were likely intentional, such as the fan damage (although she was not at home when this occurred). However, the tenant says that all other damage was either accidental or fair wear and tear or was caused by others (including the police).
13. It is clear from the photographs that the tenant has caused damage to parts of the property, however, I accept that some of the damage may have been accidental and fair wear and tear.
14. Accordingly, I have reduced the amount the tenant is required to pay to reflect this. The tenant is ordered to pay $3,000.00 towards the repair costs insurance excess, excluding post remedial work cleaning which is ordered separately.
15. The following damage was caused during the tenancy: Damage to the lounge/kitchen, bedroom one and bedroom two. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
16. The amounts ordered are proved.
17. I have considered 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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
18. As the landlord has been mostly successful, I must also reimburse the filing fee.
[NAME]
11 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 landlord proved that damage occurred in the lounge/kitchen and bedrooms during the tenancy.
- The damage to the property was more than just normal wear and tear.
- The tenant accepted responsibility for some intentional damage, such as to the fan.
- The landlord was mostly successful in their claim, so the filing fee was reimbursed.
- The amounts ordered for repairs and cleaning were proven.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay $1,507.00 to the landlord for damages and bond repayment.
What was the dispute about?
The dispute was about whether the tenant was responsible for the damage to the premises during the tenancy.
How did the court decide, and why?
The court decided that the tenant was liable for the damage because the landlord proved that the damage occurred during the tenancy and exceeded 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 provided evidence showing the damage occurred during the tenancy and exceeded fair wear and tear.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have evidence to show that any damage to the premises was due to fair wear and tear or accidental circumstances.
What evidence or documents mattered?
Photographs showing the state of the premises before and after the tenancy were crucial evidence.