Tenant Ordered to Pay Damages After Failing to Meet Obligations
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $2,433.28 to the landlord for damages and rent adjustments after the tenant failed to leave the premises clean and tidy and caused damage beyond fair wear and tear.
⚖️ Legal holding
A tenant is liable for damages beyond fair wear and tear if they cannot prove otherwise.
📖 What the law says
This rule states that a tenant must pay rent on time, keep the premises reasonably clean and tidy, and notify the landlord of any damage or needed repairs. When moving out, the tenant must leave the premises in a reasonably clean and tidy condition and remove all rubbish.
This rule makes a tenant responsible for the actions of anyone they allow into the premises, if those actions would have broken the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the premises while the tenant is there, it is assumed the tenant allowed that person to be there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay damages and rent adjustments.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $2,433.28 to the landlord for damages and rent adjustments after the tenant failed to leave the premises clean and tidy and caused damage beyond fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5079808
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $2,433.28 immediately, calculated as shown in the table below:
Description Landlord Tenant Damages owing when tenant vacated (blocked drains, access no fob, new fob)
$587.09
Vanity doors missing $332.42 Clean stove - major $162.46 Clean kitchen cupboards $102.13 RGE element replacement $93.43 Electrical work - stove drawer $85.00 Electrical work - fibre work $500.00 Cleaning $455.85 Rubbish removal $230.90 Rent credit $26.00 Less weekly payments of $10.00 $90.00 Total award $2,549.28 $116.00 Net award $2,433.28 Total payable by Tenant to Landlord $2,433.28
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Reasons:
1. The landlord attended the hearing which was held by teleconference on 13 March 2025. The Tribunal was unable to contact the tenant on the contact number provided. I was satisfied that adequate service of the hearing notice had been completed and deemed it reasonable to proceed in the tenant’s absence.
2. The landlord has applied for compensation 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. 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 proved on the evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
6. The landlord also proved the damage ordered above was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
7. The landlord relied on the rent and damage statements, vacated property condition report and photographs and vacated scope charges.
8. The amounts ordered are proved.
9. I have taken into account betterment and depreciation, which do not apply here.
[NAME]
24 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 landlord proved the tenant left the premises dirty and with damage.
- The landlord showed that the damage was beyond fair wear and tear.
- The tenant did not provide any proof to disprove their liability for the damage.
- The landlord provided detailed evidence including reports and photographs.
- The tribunal considered the rent and damage statements as valid evidence.
❌ Tends to be rejected
- The tenant could not attend the hearing to present their side of the story.
- There was no evidence provided by the tenant to counter the landlord's claims.
- The tenant did not dispute the amount of damages claimed by the landlord.
- The tenant did not challenge the method used to calculate the damages owed.
- The tenant failed to prove that the damages were due to fair wear and tear.
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 $2,433.28 to the landlord for damages and rent adjustments.
What was the dispute about?
The dispute was about the condition of the rental property at the end of the tenancy and the damages caused by the tenant.
How did the court decide, and why?
The court decided that the tenant must pay the damages because the landlord proved that the tenant left the premises unclean and caused damage beyond fair wear and tear.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v), 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to leave the premises clean and tidy and caused 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?
Someone in a similar situation should ensure that the rental property is left clean and tidy and that any damage is within fair wear and tear to avoid financial penalties.
What evidence or documents mattered?
The evidence included the vacated property condition report, photographs, and statements regarding damages and rent adjustments.