Tenant Ordered to Pay $1,600 for Carpet and Deck Repairs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $1,600 from the bond for carpet and deck repairs, as the damage went beyond normal wear and tear.
⚖️ Legal holding
A tenant is responsible for damages beyond fair wear and tear if they cannot prove otherwise.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent, keeping the property reasonably clean and tidy, notifying the landlord of damage or repair needs, and leaving the premises clean and tidy when moving out.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay $1,600 for carpet and deck repairs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,600 from the bond for carpet and deck repairs, finding that the damage exceeded fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5106450, 5089768
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] to pay [COMPANY] [NAME] as agent for [NAME] $1,600.00 from the bond, calculated as shown in table below.
Description Landlord Tenant Repairs: lounge and hallway carpet replacement (less depreciation), including underlay replacement
$1,400.00
Repairs: deck repairs $200.00 Total award $1,600.00 Bond $1,600.00 $980.00
2. The Bond Centre is to pay the bond of $2,580.00 (3380534-004) immediately apportioned as follows:
[COMPANY] [NAME] as agent for [NAME]: $1,600.00
[NAME] and [NAME]: $980.00
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Reasons:
1. Both parties attended the video conference hearing.
2. The landlord has applied for compensation, and refund of the bond following the end of the tenancy. The tenant seeks refund of their bond.
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.
4. From the photos and other evidence adduced in respect of the carpets, I consider that the tenant has not left the lounge and hallway carpets in the premises reasonably clean and tidy. The quantum of the landlord’s claim to remove the stains and dog odour from the carpet is dealt with below.
Is the tenant responsible for the damage to the premises?
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 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.
7. 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.
8. 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.
9. 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.
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10. The following damage was caused during the tenancy: permanent dog stains and dog odour in the lounge and hallway carpets and the deck.
11. I find that both damage to the lounge and hallway carpet and the deck are more than fair wear and tear, and the tenant has not disproved liability for the damage.
12. Only the amounts ordered are proved.
13. 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.
14. 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.
15. In respect of the landlord’s carpet replacement costs, I consider that it was necessary to replace the underlay as well due to the nature and extent of the damage and lasting dog odour.
16. As both parties were partially successful on their claims and defences, I make no order on the Tribunal filing fee.
J Tam
29 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 tenant did not prove that the damage to the carpets and deck was due to fair wear and tear.
- The landlord proved that the damage was more than fair wear and tear.
- The tenant did not provide evidence to disprove their responsibility for the damage.
- The cost to repair the carpets included replacing the underlay due to the extent of the damage.
❌ Tends to be rejected
- The tenant argued that the carpets were left in a reasonable state of cleanliness and tidiness.
- The tenant claimed that the damage was solely due to the dog's natural behavior and not their fault.
- The tenant attempted to argue that the damage was not significant enough to warrant full replacement costs.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay $1,600 from the bond for carpet and deck repairs.
What was the dispute about?
The landlord claimed the tenant was responsible for carpet and deck repairs due to damage beyond fair wear and tear.
How did the court decide, and why?
The court decided the tenant was responsible because the damage was more than fair wear and tear and the tenant could not disprove liability.
Which laws or rules were applied?
Sections 40(1)(e)(ii)-(v) and 49B of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was proving that the damage was beyond 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 that any damage to the rental property is reported and addressed promptly to avoid financial penalties.
What evidence or documents mattered?
Photos and other evidence showing the state of the carpets and deck were crucial.