Tenant Ordered to Pay $12,667.34 for Damages
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay the landlord $12,667.34 for damages and costs after the tenant left the rental property in poor condition and caused significant damage.
⚖️ Legal holding
A tenant is responsible for damages beyond fair wear and tear that occur during the tenancy.
📖 What the law says
This section outlines what a tenant is responsible for, including paying rent on time, keeping the property reasonably clean and tidy, and leaving the property in a reasonably clean and tidy condition when moving out.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $12,667.34 for various damages and costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $12,667.34 for damages and costs incurred due to the tenant's breach of the tenancy agreement. The tenant failed to leave the premises in a reasonable state and caused substantial damage to the property.
📚 Full judgment Official document
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[2025] NZTT 5022189, 4986308
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
2. [NAME] must pay [The landlord/s] $12,667.34 immediately, calculated as shown in table below.
Description Landlord Tenant Water rates $101.34 Painting materials $1,162.22 Bin hire $462.00 Garage motor repair $800.00 Dehumidifier hire $117.00 Replace door lock $65.66 Carpet replacement $2,070.00 Lawn seed $72.25 Other materials $489.87 Rent loss $5,600.00 Repairs: Landlord work (150 hours) $4,500.00 Filing fee reimbursement $27.00 Less bond released $2,800.00 Total award $15,467.34 $2,800.00 Net award $12,667.34 Total payable by Tenant to Landlord $12,667.34
__________________________________________________________________________________ 5022189 2
Reasons:
1. The landlord attended the hearing. The tenant did not attend the hearing.
2. The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.
3. The tenancy ended on 21 August 2024. After termination the bond of $2,800.00 was released to the landlord which is to be deducted from the costs awarded to the landlord.
4. After the tenancy ended there was evidence that the interior of the premises was used for growing marijuana. There was substantial damage to the premises including holes in the ceilings and floor. The floor underneath the carpet was very wet and damaged.
How much is owed for water rates?
5. The landlord provided water rates invoices for the last three months of the tenancy. The last invoice is a credit amount as it was an acutal reading. The amount owed by the tenant totals $101.34, which is ordered.
6. The landlord sought power costs for the period when the tenant had left the tenancy and repairs were carried out. I am not prepared to order that because some of the work would have been necessary between tenancies whether or not there were repairs. It is not possible to quantify the amount of power used for the repairs alone. That claim is dismissed.
Did the tenant comply with their obligations at the end of the tenancy?
7. 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.
8. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
9. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
10. 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.
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11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. The following damage was caused during the tenancy: carpet and floor damage, wall damage, garage door motor damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
17. The amounts ordered are proved.
18. 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. 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.
19. Most of the repair work was carried out by the landlord. The landlord produced a document recording the work carried out and the time spent on that work. The landlord was not able to produce photographs of the premises from the beginning of the tenancy. There is a substantial amount of time spent on the outside of the premises including replacing the lawn. I am not satisfied that that work was necessary due to the actions of the tenant. I have deducted some time from the document recording repairs carried out by the landlord. I have awarded repairs for 150 hours at $30.00 per hour.
20. Because of the extensive damage to the premises the repairs took two months. The landlord seeks rent loss for that period which I have awarded.
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21. The bond had been released to the landlord to go towards repairs and therefore that amount is deducted from the amount owed by the tenant.
22. Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed.
[NAME] 27 February 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.
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 the tenant owed water rates for the last three months of the tenancy.
- The tenant did not attend the hearing, so the landlord's claims were heard without their input.
- The landlord provided evidence of substantial damage to the premises, including holes and wet floors, which was more than fair wear and tear.
- The landlord proved the tenant did not leave the premises reasonably clean and tidy or remove all rubbish.
- The landlord was awarded rent loss for the two months it took to repair the extensive damage to the premises.
❌ Tends to be rejected
- The landlord's claim for power costs during the repair period was dismissed because it was not possible to quantify the amount used solely for repairs.
- The landlord's claim for time spent on outside repairs, such as replacing the lawn, was not fully accepted as it was not proven to be due to the tenant's actions.
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 the landlord $12,667.34 for damages and costs.
What was the dispute about?
The landlord claimed damages and costs for various breaches of the tenancy agreement by the tenant.
How did the court decide, and why?
The court decided in favour of the landlord, finding that the tenant was responsible for the damages and costs beyond fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for the damages and costs incurred during the tenancy.
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 they leave the rental property in good condition and do not cause unnecessary damage.
What evidence or documents mattered?
Evidence included invoices for water rates, receipts for repair materials, and documentation of the extent of the damage.