Tenant Ordered to Pay $3,228.83 for Premises Damage
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $3,228.83 for damages and repairs to the premises, which exceeded fair wear and tear.
⚖️ Legal holding
A tenant is liable for damages to the premises that exceed fair wear and tear.
📖 What the law says
This rule states that a tenant must keep the rented property reasonably clean and tidy. When the tenancy ends, the tenant must leave the premises in a reasonably clean and tidy condition and remove all their belongings and rubbish.
This rule makes a tenant responsible for the actions of anyone they allow into the property. If that person damages the property, it's treated as if the tenant caused the damage.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $3,228.83 for damages and repairs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $3,228.83 for damages and repairs to the premises, finding that the damage exceeded fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5094668
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $3,228.83 immediately, calculated as shown in table below.
Description Landlord Tenant Rent credit $721.72 Repairs: Walls - damaged or holes $263.32 Lawns and Garden work $696.45 Rubbish removal $2,990.78 Total award $3,950.55 $721.72 Net award $3,228.83 Total payable by Tenant to Landlord $3,228.83
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Reasons:
1. The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
2. The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
3. A rent credit of $721.72 remained after the tenancy and that is applied against the debt in this order.
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 landlord claims the tenant did not remove all rubbish and left the lawns in an overgrown state. It supplied a large number of photos to evidence the need, and established the costs via an invoice summary. The claims for curtains and one plaster repair were withdrawn by the landlord. The full claim for rubbish removal from the garage was reduced by 50% to align with the more likely volume established by the photos.
6. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
7. 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.
8. 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.
9. 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
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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.
10. A number of walls were damaged during the tenancy. Two significant holes required patching and plastering/repairs were required to a lesser extent elsewhere. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
11. The amounts ordered are proved.
[NAME]
28 March 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 to the walls exceeded fair wear and tear.
- The tenant did not provide evidence to disprove their responsibility for the wall damage.
- The landlord provided numerous photos showing the condition of the property at the end of the tenancy.
- The tenant did not respond to the tribunal's attempts to contact them.
- The landlord established the costs for repairs through an invoice summary.
❌ Tends to be rejected
- The tenant's failure to remove all rubbish from the premises was proven by the landlord.
- The tenant did not address the issue of overgrown lawns, which was claimed by the landlord.
- The tenant did not contest the amount claimed for the removal of rubbish from the garage.
- The tenant did not provide any counter-evidence or explanation for the damages found.
- The tenant did not attend the hearing, leaving no opportunity to present their side of the story.
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 $3,228.83 for damages and repairs to the premises.
What was the dispute about?
The dispute was about the condition of the premises at the end of the tenancy, particularly regarding damages and repairs.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages and repairs, as they exceeded fair wear and tear.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986, s 40(2)(a) Residential Tenancies Act 1986, s 41 Residential Tenancies Act 1986, s 49B
What was the argument that mattered most?
The argument that mattered most was proving that the damages were beyond fair wear and tear.
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 the premises are left in good condition at the end of the tenancy to avoid such costs.
What evidence or documents mattered?
Photos and invoices were used to establish the extent of the damages and the costs of repairs.