Tenant Ordered to Pay $3,308.90 for Damages
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $3,308.90 for damages beyond fair wear and tear, including painting and cleaning costs. The ruling was based on the condition of the premises at the end of the tenancy and the costs incurred.
⚖️ Legal holding
A tenant is responsible for damages beyond fair wear and tear and must leave the premises reasonably clean and tidy at the end of the tenancy.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord for damages beyond fair wear and tear, including painting and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $3,308.90 for damages beyond fair wear and tear, including painting and cleaning costs. The ruling was based on the condition of the premises at the end of the tenancy and the costs incurred.
📚 Full judgment Official document
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[2025] NZTT 5080908
TENANCY TRIBUNAL AT KAITAIA | TE TARAIPIUNARA RETIHANGA KI KAITAIA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $3,308.90 immediately, calculated as shown in table below.
Description Landlord Tenant Costs incurred during tenancy $555.79 Painting $2,211.95 Cleaning: Stove $75.00 Repairs: Holes in walls $197.49 Repairs: Replace damaged door $246.03 Repairs: Resecure heater $22.64 Total award $3,308.90 Total payable by Tenant to Landlord $3,308.90
Reasons:
1. The tenancy began on 28 February 2024 and ended on 17 October 2024.
2. [NAME]’s application seeks costs incurred during the tenancy (detailed below) and repairs, painting, and cleaning costs incurred at the end of the tenancy.
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3. The hearing took place in Kaitaia on 27 February 2025. [NAME] represented [NAME]. [NAME] attended by phone with the consent of the Tribunal. There was no appearance by [NAME]. I am satisfied that notice of the hearing was served on [NAME] in accordance with the Residential Tenancies Act 1986. The hearing proceeded in [NAME]’ absence.1
4. Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy. Tenants must leave the premises reasonably clean and tidy at the end of the tenancy.
5. [NAME] contacted [NAME] twice in September 2024 having accidentally locked herself out of the house. [NAME] do not keep spare keys for any of their properties. It was necessary to remove and change the lock to grant [NAME] access. The cost of this was $42.00 each time.
6. The other ‘during tenancy’ cost was boarding and reglazing of the back door. This was broken near the end of [NAME]’ tenancy. The cost of this was $471.79.
7. [NAME] is liable for these costs.
8. The property was re-painted in December 2023. [NAME] provided copies of the final inspection report showing the condition of the premises in October 2024.
9. The newly painted walls were marked and stained throughout the house. It appears that the tenant was operating, or had permitted someone else to operate, a motorcycle repair workshop inside her house.
10. The extent of marking and staining is significantly beyond fair wear and tear. The claim for re-painting of the living room, dining room, and three bedrooms is proven. [NAME] has applied depreciation to the painting costs claim, although the paint was less than a year old at the end of the tenancy. The amount claimed for painting is reasonable and conservative.
11. There was other damage to the house during this tenancy:
a. Large hole cut into the wall in the hallway.
b. Large hole cut into the wall in bedroom 2.
c. Stickers on the walls in two bedrooms, that were difficult to remove.
d. Heat pump on the wall in bedroom hanging loose.
12. This damage is not fair wear and tear. The repair costs claimed by [NAME] are proven.
1 Section Residential Tenancies Act 1986 (“RTA”)
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13. The house was left generally clean and tidy except for the inside of the oven. The stovetop and exterior of the stove was clean but it appears that the tenant overlooked the oven.
14. The claim seeks $162.46 for a “major clean”, which seems excessive. I will award $75.00.
15. The proven claim totals $3,308.90.
[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.
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
- Tenant is responsible for damages beyond fair wear and tear.
- Tenant must leave the premises reasonably clean and tidy.
- Costs for repainting walls due to stains and marks were considered valid.
- Costs for repairing holes in walls and replacing damaged door were accepted.
- Cleaning costs for the stove were deemed reasonable.
❌ Tends to be rejected
- Costs for accidental lockouts were not considered as fair wear and tear.
- Excessive cleaning costs for a "major clean" were reduced.
- Costs for minor issues like stickers on walls were not separately listed but implied to be covered under broader claims.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay the landlord $3,308.90 for damages beyond fair wear and tear, including painting and cleaning costs.
What was the dispute about?
The dispute was about the tenant's responsibility for damages beyond fair wear and tear and the costs associated with cleaning and repairing the premises.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages and costs because the condition of the premises at the end of the tenancy was significantly worse than fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for leaving the premises reasonably clean and tidy at the end of the tenancy.
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?
For someone in a similar situation, they should ensure that the premises are left in good condition and that any damages beyond fair wear and tear are addressed.
What evidence or documents mattered?
The evidence included the final inspection report showing the condition of the premises and the costs incurred for repairs and cleaning.