Tenant Ordered to Pay $4,000 for Removing Trellis Privacy Screen
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $4,000 to the landlord for removing a trellis privacy screen during their tenancy. The Tribunal found that the tenant had damaged the property and was required to compensate the landlord.
⚖️ Legal holding
A tenant must not intentionally or carelessly damage the premises during their tenancy.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent, keeping the premises reasonably clean and tidy, and notifying the landlord of any damage or needed repairs. It also covers what a tenant must do when moving out, such as leaving the premises clean and tidy and removing all their belongings.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $4,000 for removing a trellis privacy screen.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $4,000 for removing a trellis privacy screen during their tenancy, finding that the tenant violated their obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5003928
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $4,000.00 immediately, calculated as shown in the table below.
Description Landlord Tenant Fence removed from the property $4,000.00 Total award $4,000.00 Total payable by Tenant to Landlord $4,000.00
Reasons:
1. The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant on the contact number provided. I am satisfied that adequate service of the hearing notice had been completed and deemed it reasonable to proceed with the hearing in the tenant’s absence.
2. The landlord has applied for compensation following the end of the tenancy.
3. Under the Residential Tenancies Act 1986 (RTA), a tenant has an obligation to return the rental property in a condition that is substantially the same as when they commenced the tenancy, subject to fair wear and tear. Section 40(2)(a) of the Act explicitly states that a tenant must not intentionally or carelessly damage the premises. The removal of the trellis privacy screen, which belonged to the
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landlord, constitutes damage to the property, as it altered a structure that was part of the landlord’s premises.
4. The evidence provided by the landlord, including the inspection report from March 2024, photographs showing the trellis screen in place, and the final inspection report from July 2024 demonstrating its removal, supports the claim that the tenant was responsible for the change. The landlord further substantiated the loss with a work order and invoice for reinstating the trellis. The tenant was given the opportunity to return the materials but failed to do so. This failure to mitigate the loss by returning the materials strengthens the landlord’s claim for compensation, as the tenant’s actions directly resulted in the need for replacement.
5. While the compensation amount of $4,000 may seem high, it appears to be a reasonable and justifiable cost to reinstate the trellis screen. The RTA allows a landlord to claim compensation for damage, provided they can prove the loss and its cost. In this case, the landlord has provided clear evidence of both. Additionally, the tenant’s failure to comply with the landlord’s request to return the materials demonstrates a lack of effort to minimise the financial impact, further justifying the claim.
6. Given the above considerations, the claim for $4,000 is proven and reasonable. The tenant breached their obligations under the RTA by removing a fixture that was not theirs to alter. The landlord has met the evidentiary burden by providing documentation supporting the cost of reinstatement, and the claim aligns with the legal framework under the RTA. Consequently, the landlord is entitled to full compensation for the loss incurred.
7. I have considered the principles of betterment and depreciation, however, they do not apply in this case, as the fence was newly installed during the tenancy and therefore had not depreciated in value.
[NAME]
18 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 the tenant was responsible for removing the trellis privacy screen by providing an inspection report and photographs.
- The tenant's failure to return the removed materials strengthened the landlord's claim for compensation.
- The compensation amount of $4,000 was considered reasonable and justifiable for reinstating the trellis screen.
- The fence was newly installed during the tenancy, so the principles of betterment and depreciation did not apply.
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 $4,000 for removing a trellis privacy screen.
What was the dispute about?
The dispute was about the removal of a trellis privacy screen by the tenant, which the landlord claimed was a violation of the tenant's obligations.
How did the court decide, and why?
The court decided that the tenant must pay the landlord $4,000 because the removal of the trellis screen constituted damage to the property, as per the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 40(2)(a), was applied.
What was the argument that mattered most?
The most important argument was that the tenant had removed a fixture that was not theirs to alter, thus damaging the property.
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 be aware that removing fixtures without permission can lead to financial penalties.
What evidence or documents mattered?
Photographs showing the trellis screen in place, inspection reports, and invoices for reinstating the trellis were key pieces of evidence.