Tenant Ordered to Pay $7,870 for Leaving Property in Poor Condition
📌 In brief
The Tenancy Tribunal ruled that a tenant must leave the rental property in a reasonably clean and tidy condition and be responsible for any damage beyond fair wear and tear. In this case, the tenant was ordered to pay $7,870.12 to the landlord for leaving the property in poor condition and causing extensive damage.
⚖️ Legal holding
A tenant must leave the premises in a reasonably clean and tidy condition and is liable for damage beyond fair wear and tear.
📖 What the law says
This rule states that a tenant must keep the rented property reasonably clean and tidy during the tenancy. When the tenancy ends, the tenant must leave the premises in a reasonably clean and tidy condition and remove all rubbish.
This rule makes a tenant responsible for actions of others who are on the property with the tenant's permission. If these actions would have broken the tenancy agreement had the tenant done them, the tenant is held accountable.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal awarded the landlord $7,870.12 for damages and non-compliance with tenancy obligations.
📜 Headnote Official document
The Tenancy Tribunal awarded the landlord $7,870.12 for damages and non-compliance with tenancy obligations. The Tribunal found that the tenant left the premises in a poor condition, with extensive cleaning required and significant damage to the property, including a broken oven door, missing smoke alarm, and spray-painted garage windows.
📚 Full judgment Official document
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[2025] NZTT 5007297
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [NAME] and [NAME] $7,870.12 immediately, calculated as shown in the table below.
Description Landlord Tenant Previous order application 5007297 dated 23/01/2025 $1,889.29 Tip costs $173.84 General repairs and maintenance $369.00 Replace stove $300.00 Carpet cleaning $196.00 Paint $100.00 Replace recycling bin $48.00 Labour $2,566.99 Carpet replacement - insurance excess $2,200.00 Filing fee reimbursement $27.00 Total award $7,870.12 Total payable by Tenant to Landlord $7,870.12
2. This order incorporates the Tribunal order made on 23 January 2025 under application 5007297.
Reasons:
1. This is a reconvened hearing held by teleconference to consider the landlord’s claims for compensation following the end of the tenancy. The landlord
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attended the hearing. However, the Tribunal was unable to contact the tenants on the contact numbers provided in the application. I was satisfied that adequate service of the hearing notice had been completed and deemed it reasonable to proceed with the hearing in the tenants’ absence.
2. The amount sought by the landlord is $3,753.83, excluding an insurance excess amount of $2,200 relating to carpet replacement. There is also an earlier Tribunal order dated 23 January 2025, in the amount of $1,889.29, be incorporated into this decision.
Did the tenants comply with their obligations?
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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
4. 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.
5. The landlord has provided evidence in the form of photographs and receipts which clearly document the condition of the premises at the end of the tenancy. The photographs show that the property was left in a poor condition, with extensive cleaning required in all rooms and on all surfaces in order to return the premises to a reasonably clean and tidy standard.
6. In addition to cleaning costs, the landlord has claimed for a range of damage to the property. The evidence supports that a glass pane was missing from the garage, there was a broken kitchen drawer, and multiple internal walls and doors had holes, marks, and other damage. The oven door was broken, one of the smoke alarms was missing, the carpet had significant staining that could not be removed through professional cleaning, and garage windows had been spray painted. Furthermore, the wardrobe door was detached, the garage door could not be opened, and the tenants failed to return all the keys at the end of the tenancy.
7. On the basis of the evidence presented, I am satisfied that the premises were not left in a reasonably clean and tidy condition, and that the tenants failed to remove a significant volume of rubbish and personal items. I also find that the damage identified is more than fair wear and tear and was likely caused carelessly or intentionally during the tenancy.
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8. The damage to the carpet was extensive and could not be rectified by cleaning. The landlord has provided evidence that the total cost of carpet replacement exceeded the insurance excess amount, and I accept that the landlord has incurred the $2,200 excess. It is appropriate to award this amount as part of the landlord’s loss.
9. I find that the landlord has established the full claim for compensation in the amount of $3,753.83. I also incorporate the earlier Tribunal order dated 23 January 2025 for $1,889.29.
10. 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. Given the carpet was new at the start of the tenancy, I do not consider depreciation applies here.
11. As the landlord has been wholly successful in their claim, I also order the tenants to reimburse the filing fee of $27.00 in accordance with section 102 RTA.
J Setefano
02 April 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's claim for compensation was fully established with evidence.
- The property was left in a poor condition, requiring extensive cleaning.
- Damage to the property went beyond normal wear and tear and was likely caused carelessly or intentionally.
- The landlord incurred a $2,200 insurance excess for carpet replacement, which was awarded.
- The tenants were ordered to reimburse the filing fee because the landlord was entirely successful.
❌ Tends to be rejected
- The tenants failed to attend the hearing, despite adequate service of the hearing notice.
- The tenants failed to return all keys at the end of the tenancy.
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 $7,870.12 for damages and non-compliance with tenancy obligations.
What was the dispute about?
The dispute was about the condition of the rental property at the end of the tenancy and the extent of damage caused by the tenant.
How did the court decide, and why?
The court decided that the tenant must pay for damages and non-compliance with tenancy obligations because the property was left in a poor condition and extensive damage was caused beyond fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(1)(ca), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant left the property in a poor condition and caused extensive damage beyond 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?
For someone in a similar situation, it means they must ensure the property is left in a reasonably clean and tidy condition and be responsible for any damage beyond fair wear and tear.
What evidence or documents mattered?
Photographs and receipts documenting the condition of the premises at the end of the tenancy mattered.