Tenant Ordered to Pay $2818.44 for Damage and Cleaning

OUTCOME: Allowed

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[2026] NZTT 5421843

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] must pay [APPELLANT] [NAME] $2818.44 immediately, calculated as shown in table below.

Description Landlord Tenant Cleaning $845.46 Rubbish removal $2,381.67 Lawns and Garden work $300.00 Heat Pump remote $53.34 Replace furnishings: Carpet replacement and repair $1,277.15 Oven replacement $474.00 Repairs: Holes in walls $160.64 Window repairs $368.33 Payments made to 21/5/26 $3,042.15 Total award $5860.59 $3,042.15 Net award $2818.44 Total payable by Tenant to Landlord $2818.44

Reasons:

1. The landlord attended the hearing which was conducted remotely. The tenant did not attend but I am satisfied the Notice of hearing was served at the tenant’s email address for service.

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2. The tenancy commenced on 12 December 2023 and ended on 13 November 2025.

3. The landlord has applied for compensation following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

4. 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.

5. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There as a large amount of rubbish to be removed from both inside and outside of the premises and the section was overgrown.

6. The heat pump remote was missing at the end of the tenancy.

7. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

8. 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.

9. 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.

10. 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.

11. 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.

12. 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

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person does something, or allows a situation to continue, knowing that damage is a certainty. [NAME] v Korck [2019] NZHC 1541.

13. The following damage was caused during the tenancy:

14. Carpet: The carpet in the living room and bedroom 1 were filthy and badly stained and required replacement.

15. Oven: The elements on the top of the oven were rusted out and the inside of the oven was so dirty it could not be cleaned and required replacement.

16. Window repair; The lounge window was broken. There as a claim for repair to the frame of the kitchen window but I consider this was caused mostly by the condition of the window frame itself and this part of the claim is dismissed.

17. Holes: There were holes in the wall in the dining room and the bedroom 1. There was a claim for painting the lounge ceiling which appeared necessary because of blistering of the paint work. The landlord was unsure how this has might have occurred however I find it hasn’t been established that it was damage caused by the tenant and this part of the claim is dismissed.

18. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage to the property and the condition it was presented in is of such an extent that this can only be regarded as intentional as the premises have been allowed to deteriorate over a period of time.

19. The amounts ordered are proved. The tenant continues to make payments of $20.00 per week in reduction of the debt.

20. 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.

[NAME]

02 June 2026

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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 [NAME] 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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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: