Tenant ordered to pay $953.43 for damages and breach of tenancy obligations
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $953.43 for damages and failing to meet their obligations at the end of the tenancy, such as leaving the premises clean and tidy and not causing unnecessary damage.
⚖️ Legal holding
A tenant is liable for damages to the premises that exceed fair wear and tear, unless they can prove otherwise.
📖 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 leave the property in a reasonably clean and tidy condition 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 $953.43 for damages and breach of tenancy obligations.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $953.43 for damages and breach of tenancy obligations, including failure to leave the premises clean and tidy and causing damage beyond fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5175471
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $953.43 immediately, calculated as shown in the table below.
2. All other claims are withdrawn by the landlord.
Description Landlord Tenant Rent credit held $195.43 Lawns and Garden work $150.00 Rubbish removal $227.06 Replace furnishings: removal and replacement of carpet in bedroom 1
$662.11
Repairs: patch and paint hole in wall $62.87 Repairs: paint over marks on bathroom wall $46.82 Total award $1,148.86 $195.43 Net award $953.43 Total payable by Tenant to Landlord $953.43
Reasons:
1. The landlord attended the telephone hearing represented by [NAME] Tribunal attempted to call the tenant at the telephone number for them in the application, but the call went unanswered. I am satisfied that the tenant had notice of the hearing and did not attend.
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2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
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 (RTA).
4. The tenant did not remove all rubbish and belongings nor leave the grounds tidy as shown in photos produced in evidence at the hearing.
5. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
6. 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.
7. 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.
8. The following damage was caused during the tenancy: the carpet in bedroom 1 was stained and had to be replaced; there was a hole in the wall that had to be repaired, plastered and painted; there were drawing s on the bathroom wall that had to be painted. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which was likely careless.
9. The amounts ordered are proved.
10. The landlord has taken into account betterment and depreciation of the bedroom carpet. 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 depreciation, the landlord noted that the carpet was only one year old at the end of the tenancy and should have lasted for 8 years. I find that the claim is reasonable and proved.
[NAME], 09 June 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].
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved that the tenant did not remove all rubbish and belongings or leave the grounds tidy.
- The landlord proved that damage occurred during the tenancy, specifically stained carpet, a hole in the wall, and drawings on the bathroom wall.
- The damage to the premises was more than fair wear and tear.
- The tenant did not prove they were not responsible for the damage, which was likely careless.
- The landlord's calculation for depreciation of the carpet was reasonable, considering it was one year old and expected to last eight years.
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 $953.43 for damages and breach of tenancy obligations.
What was the dispute about?
The dispute was about the tenant's failure to leave the premises clean and tidy and causing damage beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenant was liable for the damages because they exceeded fair wear and tear and the tenant could not disprove liability.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e) and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was proving that the damages exceeded fair wear and tear and that the tenant was responsible for the damage.
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 they leave the premises in good condition and avoid causing unnecessary damage to avoid liability.
What evidence or documents mattered?
Photos showing the state of the premises and the extent of the damage were important evidence.