Tenant Ordered to Pay $3,628.41 for Damages
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay the landlord $3,628.41 for various damages and unpaid rent. The tenant was held responsible for leaving the property unclean and for causing intentional damage to the premises.
⚖️ Legal holding
A tenant is liable for damages to the premises that exceed fair wear and tear.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean and tidy, and leaving it in a similar condition with all rubbish removed when moving out.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $3,628.41 for various damages and arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $3,628.41 for various damages and arrears. The tenant was found liable for leaving the premises unclean, failing to remove rubbish, and causing intentional damage to the property.
📚 Full judgment Official document
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[2025] NZTT 5104348
TENANCY TRIBUNAL AT PALMERSTON NORTH | TE TARAIPIUNARA RETIHANGA KI TE PAPAIOEA
APPLICANT: [redacted] Batchelor
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay Team Group Rentals Limited As Agent For Sandra Batchelor $3,628.41 immediately, calculated as shown in the table below.
Description Landlord Rent arrears $820.00 Carpet Cleaning $249.55 Cleaning $562.00 Electrical fittings replacement/repair: heat pump $249.55 Electrical fittings replacement/repair: reinstallation of metered power
$451.97
Rubbish removal $364.36 Lock/key replacement $358.94 Repairs $545.04 Filing fee reimbursement $27.00 Total award $3,628.41 Total payable by Tenant to Landlord $3,628.41
Reasons:
1. The landlord attended the hearing.
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2. The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
3. The tenancy ended on 19 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy after payment of the bond and the deduction of an insurance excess for loss of rent cover.
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 provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
6. The tenant did not return the keys and some locks were damaged.
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.
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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 person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
13. The following damage was caused during the tenancy:
a. The bathroom vanity was pulled from the wall.
b. Net curtains and curtains were damaged by cigarette burns and smoke.
c. The front lawn was destroyed by vehicles, despite a breach notice having been issued by the landlord.
d. There was a hole in a bedroom wall.
e. The power supply had been rerouted so as to bypass the meter.
f. The heat pump had been jammed shut and damaged.
14. From the nature of the damage, it was intentional. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
15. The amounts ordered are proved.
16. Because the landlord has been wholly successful in its application, the filing fee is to be reimbursed by the tenant.
G Baker
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
- The tenant did not leave the premises reasonably clean and tidy.
- The tenant did not remove all rubbish from the premises.
- The tenant did not return all keys and security devices.
- The tenant is responsible for the damage to the bathroom vanity, net curtains, front lawn, bedroom wall, power supply, and heat pump.
- The landlord provided photographic evidence of the damage and showed that it exceeded fair wear and tear.
❌ Tends to be rejected
- The tenant claimed the damage was due to fair wear and tear.
- The tenant argued that they did not intentionally cause the damage.
- The tenant suggested that the damage might have been caused by previous tenants.
- The tenant stated that the damage was minor and did not require significant repair costs.
- The tenant attempted to argue that the insurance excess should cover the full extent of the damages.
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 $3,628.41 for various damages and unpaid rent.
What was the dispute about?
The dispute was about unpaid rent and damages to the property left by the tenant.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages and arrears because the damages exceeded fair wear and tear and were intentional.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the damages were intentional and exceeded 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 they leave the premises in good condition and do not cause intentional damage to avoid financial penalties.
What evidence or documents mattered?
Photographic evidence of the damages and rent records were key pieces of evidence.