Tenant ordered to pay $4,885.26 for damages and arrears
📌 In brief
The Tenancy Tribunal ordered a tenant to pay the landlord $4,885.26 for damages and unpaid rent. The Tribunal determined that the damage was more than fair wear and tear and was likely intentional.
⚖️ 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 notifying the landlord of any damage or needed repairs. When moving out, a tenant must also leave the property reasonably clean and tidy and remove all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $4,885.26 for various damages and arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $4,885.26 for damages and unpaid rent. The Tribunal found that the damage exceeded fair wear and tear and was likely intentional.
📚 Full judgment Official document
__________________________________________________________________________________ 5213091 1
[2025] NZTT 5213091
TENANCY TRIBUNAL AT WELLINGTON | TE TARAIPIUNARA RETIHANGA KI TE WHANGANUI-A-TARA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] and [NAME] as trustees of Eliezer Trust 1&2 $4,885.26 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears for house of $1,588.58 and for garage of $305
$1,893.58
Repairs: sanding, plastering and painting of windowsill and walls (items 1,3,4,5,8 in table at para 20 of Reasons)
$1,031.77
Replacing doors in east end bedroom and bathroom $758.84 Removing stickers and marker pen off rear bedroom door $48.88 Window repairs after tenancy ended $388.13 Window repairs during tenancy $764.99 Removing laminate off kitchen bench and cupboards $1,771.00 Rubbish removal $100.63 Cleaning $40.25 Replace smoke alarms $140.19 Filing fee reimbursement $27.00 Total award $6,965.26 Less bond received $2,080.00 Total payable by Tenant to Landlord $4,885.26
__________________________________________________________________________________ 5213091 2
Reasons:
1. The landlord attended the video hearing represented by [NAME]. The tenant did not join the video hearing. The tenant is deaf, and two sign language interpreters attended the hearing to assist. The Tribunal sent messages to the tenant after the scheduled start time for the heraing by email and text to check whether she wished to attend and advised that if she did not reply, the hearing would proceed. The Tribunal delayed the hearing start time by 15 minutes. There was no response from the tenant. I am satisfied that she received notice of the hearing and did not attend.
2. The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
3. The tenant signed the bond refund form after the tenancy ended releasing the bond of $2,080 in full to the landlord to cover arrears and damages.
How much is owed for rent?
4. The tenancy for the house ended on 10 February 2025 and a separate tenancy for an adjacent garage ended on 10 April 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
5. 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 (RTA).
6. There was some minor cleaning required in the kitchen and an old mattress and cabinet that required disposal.
7. Five smoke alarms were missing at the end of the tenancy and had to be replaced.
8. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
9. 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.
__________________________________________________________________________________ 5213091 3
10. 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. See section 49B(3)(a) RTA. The landlord’s excess is $650.
11. 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.
12. 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.
13. 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.
14. The following damage was caused during the tenancy proved by reference to photos produced in evidence taken before and after the tenancy:
a. Rear bedroom: Windowsill with engraved scratch marks; permanent marker pen drawings and stickers on bedroom door; four holes in wall and area where tape stuck to wall peeled off paint on removal;
b. Residue backing from poster damage to north end wall to bottom of stairs;
c. East end bedroom: Large hole in wall plastered poorly by tenant; four holes and a split in bedroom door;
d. Large hole in bathroom door;
e. Hole and paint peeling from poster removal in lounge wall;
f. Broken window in lounge at end of tenancy and separate broken window during tenancy;
g. Contact laminate paper applied to kitchen cupboards and benchtop.
15. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which was likely intentional. The occasional accident would not have been intentional and would not have resulted in the extensive repair work. It is the extent of the damage that makes it intentional in the sense that the tenant failed to take reasonable action to avoid it.
16. 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
__________________________________________________________________________________ 5213091 4
depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
17. To remedy holes and marks on walls and windowsill involved the repair work and making good by painting the whole affected wall/windowsill areas. Paint work attracts depreciation. Current depreciation guidelines estimate that paintwork in a rental property is expected to last 10-12 years. The landlord was unable to say when exactly the premises were last painted but estimated approximately four years ago. The invoice for the repair work does not breakdown the repairs from painting. However, I consider some adjustment is justified to take depreciation for painting work into account. Give that there is no evidence to establish exactly when the walls were last repainted but acknowledging that the bulk of the work is to repair the damage, I allow 75% of the costs to account for depreciation.
18. In relation to replacement of the wooden hollow core doors, current depreciation guidelines estimate that they should last 20-30 years. The landlords said that the premises were constructed in the 1960s-70s, and the doors were likely original. Therefore, they should be fully depreciated. However, but for the damage, they would be expected to last a few more years. Therefore, I consider that the landlord is entitled to some contribution. I allow $207 for removal and disposal of each door and 15% of the balance of the claims to account for depreciation.
19. The contact laminate paper was intentionally applied by the tenant to the kitchen cupboards and bench. The landlord allowed the tenant to apply the contact provided she removed it and reinstated the bench and cupboards to their original condition. However, the tenant did not reinstate. The tenant had also assured the landlord that the contact was easily removeable. However, the landlord says it was very difficult to remove and it caused damage to the surfaces during removal that required touch up painting.
20. The damages awards after taking depreciation into account where applicable are summarised as follows:
Item of repair/replacement Claim amount Depreciation Award
1. Indents & scratches on rear bedroom windowsill
$244.38 75% $183.28
2. Stickers and marks on rear bedroom door
$48.88 NA $48.88
3. Holes and tape marks on rear bedroom west end wall
$295.83 75% $221.88
4. Mark from poster removal on north end downstairs wall
$245.81 75% $184.36
__________________________________________________________________________________ 5213091 5
5. Large hole poorly plastered by tenant in east end bedroom
$295.83 75% $221.88
6. Replace door in east end bedroom
$1,356.46 15% of $1,149.46 plus $207
$379.42
7. Replace bathroom door $1,356.46 15% of $1,149.46 plus $207
$379.42
8. Hole from poster removal in lounge wall
$293.83 75% $220.37
9. Broken window during tenancy $764.99 NA $764.99
10. Broken glass in lounge window $388.13 NA $388.13
11. Remove peel & stick laminate applied to cupboards & benches by tenant
$1771.00 NA $1771.00
21. As the landlord has substantially succeeded with their claims, they are entitled to reimbursement of the filing fee.
[NAME]
09 May 2025
__________________________________________________________________________________ 5213091 6
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.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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant was responsible for rent arrears for both the house and an adjacent garage.
- The tenant was responsible for minor cleaning and rubbish removal at the end of the tenancy.
- The tenant was liable for missing smoke alarms that needed to be replaced.
- The tenant was liable for damage to the premises that was more than fair wear and tear.
- The tenant was liable for intentionally applied laminate paper that caused damage upon removal.
❌ Tends to be rejected
- The landlord's claim for full repair costs for paintwork was adjusted for depreciation.
- The landlord's claim for full replacement costs for old doors was adjusted for depreciation.
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 $4,885.26 for damages and unpaid rent.
What was the dispute about?
The dispute was about the tenant's responsibility for damages to the rental property and unpaid rent.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages and unpaid rent because the damage exceeded fair wear and tear and was likely intentional.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B(1) were applied.
What was the argument that mattered most?
The argument that mattered most was that the damage was more than fair wear and tear and was likely intentional.
Was the decision for or against the person who brought the case?
The decision was for the landlord, against the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that any damages to the rental property are reported and repaired promptly to avoid liability.
What evidence or documents mattered?
Photos showing the extent of the damage before and after the tenancy were important evidence.