Tenant Ordered to Pay $133.29 for Damages and Return Bond
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $133.29 for damages and return the bond of $2,000.00. The tenant did not leave the rental property clean and tidy and did not remove all rubbish, as required by law.
⚖️ Legal holding
A tenant is responsible for leaving the premises clean and tidy and removing all rubbish at the end of the tenancy.
📖 What the law says
This section states that a tenant must keep the rented property reasonably clean and tidy. It also requires that when a tenancy ends, the tenant must leave the premises in a reasonably clean and tidy condition and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $133.29 for damages and awarded the landlord the bond of $2,000.00.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $133.29 for damages and awarded the landlord the bond of $2,000.00. The tenant failed to leave the premises clean and tidy and remove all rubbish at the end of the tenancy, as required under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5175894
TENANCY TRIBUNAL AT TOKOROA | TE TARAIPIUNARA RETIHANGA KI TOKOROA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] for [NAME] $133.29 immediately, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $2,000.00 (3346650-015) to [COMPANY] for [NAME] immediately.
3. [COMPANY] for [NAME] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
4. The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
Description Landlord Tenant Electrical fittings replacement/repair $140.47 Window repairs $248.98 Lock/key replacement $213.75 Rubbish removal: disposal of goods $1,020.00 Filing fee reimbursement $27.00 Cleaning $70.00
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Repairs: Holes/Lightbulbs/curtain rail $413.09 Total award $2,133.29 Bond $2,000.00 Total payable by Tenant to Landlord $133.29
Reasons:
1. The landlord attended the hearing. The tenant did not appear, and the hearing continued in their absence.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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 tenant did not leave the premises clean and tidy and did not remove all rubbish. There was evidence that the bathroom required cleaning, and an amount is awarded for this. There was not enough evidence provided to award the full amount claimed.
5. There was a substantial amount of household items including beds and white wear that was removed from the premises by family member and put outside. There was also another large amount of household goods left by the front fence at the premises.
6. The locks at the premises both front and back no longer worked and were replaced.
7. The following chattels were missing at the end of the tenancy: The landlord provided evidence that there were at least 7 light bulbs missing and 2 of these were from the bathroom heat lamp. These costs are incorporated into the repairs invoice.
8. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
9. 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
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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.
10. 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.
11. 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.
12. 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.
13. 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.
14. The following damage was caused during the tenancy:
a) It was established that there were 5 holes in the walls and one door. It was not established that there was a hole in the lounge wall.
b) I find that the regluing of wallpaper was a maintenance issue and not damage caused by the tenant.
c) A door handle to a bedroom was broken.
d) Two curtain rails were not fixed to the walls, and one needed more hooks to rehang.
e) The towel rail had to be reattached to the bathroom door.
15. 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 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.
Disposal of goods.
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18. The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant. They said that they had tried calling and texting. They reached out to family members who could not tell them where the tenant was or how to reach her. I find that the landlord has made all reasonable efforts to contact the tenant.
19. It is not practicable for the landlord to the return the goods to the tenant and the landlord assessed that the good have very little value being either old or broken.
20. Section 62A(2) states that if the value of the goods is below the cost of storing, transporting and selling them, then the landlord may dispose of the goods in any way they think fit. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
21. The landlord provided a quote for the removal and disposal of the items. As this has not occurred, I award a nominal amount because the landlord has not removed the rubbish and has re-tenanted the premises.
22. I do not find that the landlord has established a loss and award a nominal sum to recognise that the tenant has breached their obligations and are responsible for removing all the rubbish from the premises at the end of the tenancy. This is a cost for which they are liable, but I am not persuaded the precise loss has been quantified.
23. [COMPANY] for [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
14 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 was responsible for cleaning the bathroom, as it was not left clean and tidy at the end of the tenancy.
- The tenant was responsible for the cost of replacing locks that no longer worked at the end of the tenancy.
- The tenant was responsible for missing light bulbs at the end of the tenancy.
- The tenant was responsible for damage like holes in walls and a broken door handle, as it was more than fair wear and tear.
❌ Tends to be rejected
- The landlord's claim for the full amount of cleaning was not fully accepted due to insufficient evidence.
- The landlord's claim for a hole in the lounge wall was not established.
- The claim for regluing wallpaper was not accepted as it was considered a maintenance issue, not tenant damage.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay the landlord $133.29 for damages and return the bond of $2,000.00.
What was the dispute about?
The dispute was about the tenant's failure to leave the rental property clean and tidy and remove all rubbish at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages and the bond because they did not fulfill their obligations at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 40(1)(ca) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not leave the premises clean and tidy and did not remove all rubbish at the end of 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 they leave the rental property clean and tidy and remove all rubbish at the end of the tenancy to avoid similar penalties.
What evidence or documents mattered?
Evidence included the state of the property and the tenant's failure to remove rubbish and leave the premises clean and tidy.