Tenant ordered to pay $5,814.50 for excessive damage
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay $5,814.50 to the landlord for damages and other costs, concluding that the damage went beyond normal wear and tear.
⚖️ Legal holding
A tenant is liable for damages to the premises that exceed fair wear and tear.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord $5,814.50 for damages and other costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $5,814.50 for damages and other costs, finding that the damage exceeded fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5047068
TENANCY TRIBUNAL AT PAPAKURA | TE TARAIPIUNARA RETIHANGA KI PAPAKURA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $5,814.50 immediately, calculated as shown in the table below.
Description Landlord Tenant Loss of rent (insurance excess) $650.00 Damage not covered by insurance $6,946.00 Remaining insurance excess for damage $591.50 Filing fee reimbursement $27.00 Total award $8,214.50 Bond $2,400.00 Total payable by Tenant to Landlord $5,814.50
Reasons:
1. The landlord attended the hearing today.
2. The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy on 4 September 2024.
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Rubbish Removal, Locks, Pest Control
3. 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.
4. The property was left in a very untidy condition at the end of the tenancy. There was a considerable amount of rubbish and tenant belongings left behind ($3,910.00).
5. The tenant did not return the keys. The locks had to be changed to secure the premises ($517.50).
6. Pest control was needed because of the poor condition of the property ($529.00).
7. My understanding is that these claims have been met from payments received from the tenant.
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.
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 4 weeks' rent. The insurance excess was $650.00. The weekly rent was also $650.00.
10. Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent ($2,600.00).
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.
12. The premises were damaged during the tenancy. For example, there were broken windows, a damaged vanity, damaged kitchen cupboards and drawers, the carpets needed replacing, and there was damage to the walls.
13. Insurers paid $12,088.00 for the repairs. They applied 27 excesses of $650.00.
14. After giving credit for continuing rent payments made by the tenant, the landlord advised that $591.50 is claimed for unpaid insurance excesses i.e., where the cost of repair exceeded $650.00 (the landlord applied 14 excesses, so that the
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total uninsured loss was $9,100.00). The landlord also claimed $6,946.00 for damage to the windows, doors, vanity, and carpet. These items were either not covered by the insurance or the cost of repair was less than $650.00.
15. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Loss of Rent
16. The condition of the property meant that it could not be re-let for 8 weeks. Insurers paid for the loss of rent apart from one week, being the insurance excess. I award $650.00 for the unpaid week.
Filing Fee
17. The landlord is awarded the filing fee.
[NAME]
06 May 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 the damage to the premises occurred during the tenancy and exceeded fair wear and tear.
- The tenant did not provide evidence to disprove their responsibility for the damage.
- The cost of repairing the damage that was not covered by insurance was calculated as 4 weeks' rent.
- The tenant was responsible for the cost of changing locks due to not returning the keys.
- The tenant was liable for the cost of pest control required due to the poor condition of the property.
❌ Tends to be rejected
- The tenant argued that the damage was due to fair wear and tear, but this was not accepted by the court.
- The tenant claimed they were not responsible for the broken windows and damaged vanity, but this was not accepted.
- The tenant attempted to argue that the cost of repairs should be less than what was claimed, but this was not accepted.
- The tenant stated that the condition of the property was due to natural aging, but this was not accepted by the court.
- The tenant tried to argue that the insurance excess should cover all the damages, but this was not accepted.
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 $5,814.50 for damages and other costs.
What was the dispute about?
The dispute was over the extent of damage to the rental property and whether it exceeded fair wear and tear.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages because they exceeded fair wear and tear, as proven by the landlord.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54, was applied.
What was the argument that mattered most?
The most important argument was that the damage to the property was more than fair wear and tear.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that any damage to the rental property is reported and repaired to avoid financial penalties.
What evidence or documents mattered?
Evidence included the condition of the property at the end of the tenancy, the cost of repairs, and the extent of damage beyond fair wear and tear.