Tenant Ordered to Pay $8,618.99 for Damages and Costs
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay the landlord $8,618.99 for damages and costs incurred during the tenancy, including window repairs, floor damage, and cleaning costs.
⚖️ Legal holding
A tenant is liable for damages and costs incurred during the tenancy, including intentional damage and fair wear and tear.
📖 Technical summary
The Tenancy Tribunal awarded the landlord $8,618.99 for various damages and costs incurred due to the tenant's actions during the tenancy.
📜 Headnote Official document
In a Tenancy Tribunal ruling, the tenant was ordered to pay the landlord $8,618.99 for various damages and costs incurred during the tenancy, including window repairs, floor damage, and cleaning costs.
📚 Full judgment Official document
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[2025] NZTT 5163616
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] $8,618.99 immediately, calculated as shown in the table below.
2. The [COMPANY] is to pay the bond of $960.00 (6186071-001) to [NAME] immediately.
Description Landlord Tenant Rent arrears to 22 February 2025 $4,017.14 Window repairs $980.00 Wood burner $1,000.00 Second bedroom floor and other costs $2,656.50 Cleaning $750.00 Lock/key replacement $148.35 Filing fee reimbursement $27.00 Total award $9,578.99 Less bond $960.00 Total payable by Tenant to Landlord $8,618.99
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Reasons:
1. The hearing was conducted by telephone. Only the landlords attended. Calls to the tenant at the time of the hearing went straight to voicemail.
2. The landlords’ application was originally for termination and rent arrears. The tenant vacated the premises on 22 February 2025 and the landlord now claims end of tenancy costs.
3. The landlords’ application was not formally amended but they filed invoices and quotations which have been sent to the tenant. I am satisfied that the tenant has received reasonable notice of the claims.
4. The tenancy ended on 22 February and the landlord provided rent records to prove the amount of rent arrears owing to that date. I have therefore awarded that amount.
Other Claims
Law
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.
6. The tenant must not carelessly or intentionally damage the premises.
7. 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.
8. 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).
9. 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).
10. 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.
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11. 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.
Window Damage
12. Six windows were damaged during the tenancy and the landlords produced an estimate for repairing them in the sum of $980. I have therefore awarded that sum.
Second Bedroom Floor and Other Claims
13. The landlords found after they took possession that the second bedroom had been used as a “grow room”. Plants had been grown in grow bags on the floor. The carpet in the room was damaged beyond repair and so was the wooden flooring. The landlords make no claim for replacing the carpet, but they claim the cost of replacing the wooded flooring. A quotation puts that at $1,280 which I award.
14. The same quotation includes other costs that the landlord will incur as follows –
a. Repair damage to hot water cupboard doors - $350.
b. Rubbish removal - $300.
c. Moving tenant’s good to the garage - $160.
d. Carpet removal - $200.
e. Dispose of oven - $20
f. GST on the above - $346.50.
15. I am satisfied that the tenant is liable for all the costs in the quotation and so I have made an award in the sum of $2,656.50 for them.
Wood burner
16. The wood burner in the living area was damaged beyond repair during the tenancy. It seems that the tenant was smelting metal on or in it. It was in good condition at the start of the tenancy seven years ago and cost $1,600 at that time. The landlords claim $1,000 which I regard as reasonable after depreciation and so I have awarded it. Insurance is not a consideration because it is obvious that the damage was caused intentionally.
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Cleaning
17. The premises were not left reasonably clean and tidy. The landlord produced an invoice for cleaning the premises in the sum of $750 which I regard as reasonable based on the landlords’ photographs and so I have awarded it.
Locks
18. The tenant had changed the lock on the premises and not given the landlords a key. They therefore had to change the lock to gain entry. The cost was $148.35 and so I have awarded that.
Filing Fee
19. The landlords have succeeded and so I have awarded them the filing fee.
Note
20. There are other claims that the landlords could have made against the tenant in this case, but they have chosen not to make them after taking a realistic view of the tenant’s ability to pay.
[NAME]
20 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 landlords proved the amount of rent arrears with rent records up to the tenancy end date.
- The tenant was liable for window damage because six windows were damaged during the tenancy.
- The tenant was liable for the cost of replacing the wooden flooring in the second bedroom because it was used as a "grow room".
- The tenant was liable for the wood burner damage because it was intentionally damaged beyond repair.
- The tenant was liable for cleaning costs because the premises were not left reasonably clean and tidy.
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 $8,618.99 for various damages and costs incurred during the tenancy.
What was the dispute about?
The dispute was about the tenant's responsibility for damages and costs, such as window repairs, floor damage, and cleaning costs, incurred during the tenancy.
How did the court decide, and why?
The court decided that the tenant was liable for the damages and costs because the tenant had caused intentional damage and the costs were reasonable.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for the damages and costs incurred during the tenancy.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should be aware that they may be liable for damages and costs incurred during the tenancy.
What evidence or documents mattered?
The evidence included invoices and quotations for damages and costs, as well as rent records and photographs of the premises.