Tenant Ordered to Pay $8,808.85 for Damages and Repairs Exceeding Fair Wear and Tear
📌 In brief
The Tenancy Tribunal ordered the tenant to pay the landlord $8,808.85 for various damages and costs including water rates, pest control, and repairs exceeding fair wear and tear. The tenant failed to leave the premises clean and tidy and did not return the keys.
⚖️ 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, keeping the premises reasonably clean and tidy, notifying the landlord of damage or repair needs, and leaving the premises clean and tidy with all goods and rubbish removed when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord $8,808.85 for various damages and costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $8,808.85 for various damages and costs including water rates, pest control, and repairs exceeding fair wear and tear. The tenant failed to leave the premises clean and tidy and did not return the keys.
📚 Full judgment Official document
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[2025] NZTT 5029048
TENANCY TRIBUNAL AT PUKEKOHE | TE TARAIPIUNARA RETIHANGA KI PUKEKOHE
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
[NAME] must pay [COMPANY] As Agent For [NAME] $8,808.85 immediately, calculated as shown in table below.
Description Landlord Tenant Water rates $236.00 Lock/key replacement: balance of lock replacement cost $25.42 Pest control $170.00 Rubbish removal $894.93 Contractor's quotes for repairs $172.50 Repairs: painting and wall damage $2,375.50 Repairs: uninsured loss (insurance excess) on carpet replacement throughout and curtain replacement
$3,900.00
Cleaning $862.50 Lawns and Garden work $145.00 Filing fee reimbursement $27.00 Total award $8,808.85 Total payable by Tenant to Landlord $8,808.85
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Reasons:
1. Only the landlord attended the hearing.
2. The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for water rates?
3. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
4. 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.
5. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
6. The tenant did not return the keys.
7. The amounts ordered are proved.
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. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
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 four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
10. 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.
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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. See section 49B(1) RTA.
12. 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.
13. The following damage was caused during the tenancy: walls, carpet and curtains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
14. As applicable, the tenant's liability has been limited to the insurance excess.
15. The amounts ordered are proved.
[NAME]
16 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 provided proof of water rates invoices showing the amount owed at the end of the tenancy.
- The tenant did not leave the premises clean and tidy, nor did they remove all rubbish as required.
- The tenant did not return the keys as required by the Residential Tenancies Act 1986.
- The landlord proved that damage to the walls, carpet, and curtains exceeded fair wear and tear.
- The tenant did not provide evidence to disprove their responsibility for the damage to the premises.
❌ Tends to be rejected
- The tenant's failure to attend the hearing did not affect the decision.
- The tenant's lack of response to the allegations regarding the state of the premises did not prevent the landlord from proving the extent of the damage.
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 $8,808.85 for various damages and costs including water rates, pest control, and repairs exceeding fair wear and tear.
What was the dispute about?
The dispute was about the tenant leaving the premises in an untidy state, failing to remove rubbish, and not returning keys, resulting in various damages and costs.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages and costs because the damage exceeded fair wear and tear and the tenant did not provide evidence to disprove liability.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B(3)(a) were applied.
What was the argument that mattered most?
The argument that mattered most was proving that the damage exceeded fair wear and tear and that the tenant did not provide evidence to disprove liability.
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 ensure that the premises are left in a clean and tidy state, all rubbish is removed, and all keys are returned to avoid liability for damages and costs.
What evidence or documents mattered?
The evidence that mattered included water rates invoices and proof of the amount owing at the end of the tenancy.