Tenant ordered to pay damages and filing fees
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $1,899.85 for damages to the carpet and filing fees. The payments will be made in fortnightly installments.
⚖️ Legal holding
A tenant is liable for damages that occur during the tenancy and exceed fair wear and tear.
📖 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, the tenant must leave the premises in a reasonably clean and tidy condition and remove all their belongings and rubbish.
This rule states that a tenant is responsible for the actions of anyone they allow onto the property, if those actions would have broken the tenancy agreement had the tenant done them. If someone intentionally or carelessly damages the property 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 the landlord $1,899.85, including repairs and filing fees, to be paid in installments.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,899.85, including repairs and filing fees, to be paid in installments. The Tribunal found that the damage to the carpet was caused during the tenancy and exceeded fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5061714
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
2. [The tenant/s] must pay [The landlord/s] $1,899.85, calculated as shown in table below.
Description Landlord Tenant Carpet treatment and underlay one bedroom $1,000.00 Repairs: Bedroom door $872.85 Filing fee reimbursement $27.00 Total payable by Tenant to Landlord $1,899.85
3. The tenant must pay the debt in order 2 at the rate of $40.00 per fortnight.
4. The first payment must be made on Wednesday 5 March 2025 and payments must continue every second Wednesday until the debt is paid in full.
5. If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
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Reasons:
1. [NAME] attended the hearing held by video/telephone.
2. The landlord has applied for compensation for costs following the end of the tenancy.
3. The tenant disagrees with some of the claims.
4. This was a four-and-a-half-year tenancy, and all went well. [NAME] are disappointed that these issues have arisen.
What is the law relating to claims for damage to tenancy premises?
5. If making a claim for damage, a landlord must prove that any damage happened during this tenancy and is more than fair wear and tear. Fair wear and tear is anything that would happen as a normal and ordinary part of living in the property.
6. A tenant is liable for any intentional or careless damage. Tenants are liable for the actions of people at the premises with their permission. Sections 40(2)(a), 41 and 49B RTA.
7. When working out compensation, the landlord should be returned as nearly as possible to the position they would have been in had the damage not occurred and should not be better or worse off. This often means that the Tribunal considers the age and condition of the items at the start of the tenancy and their likely useful lifespan.
8. The maximum that can be awarded is the amount of the insurance excess if there is a policy that would cover the damage (whether or not the landlord makes a claim).
9. My decisions are:-
a. Dishwasher racks: After consideration of all evidence after the hearing, including the several negative reviews of this model dishwasher, I accept the tenant’s evidence that the dishwasher had to be used on “heavy cycle” for it to wash dishes properly. In light of this, I accept that she has shown that the damage to the racks was not careless but the result of normal use (cutlery basket broken at the base, other racks eroded plastic and rusty). This claim is dismissed.
b. Cat urine smell in one bedroom and laundry: I accept the landlord’s evidence from a [COMPANY] that the carpet in one bedroom was damaged by cat urine. It is not certain that this occurred during the tenancy but the landlord’s oral evidence that the carpet was new or near new at the start of the tenancy and the fact that the tenant did have a cat means that it is more probable than not that the damage occurred during this tenancy. “More probable than not” is the standard of proof
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required in the Tribunal. I accept the tenant’s oral evidence that neither she nor the landlord noticed a smell during the tenancy and agree that it is possible that the use of a Rug Doctor may have caused an old stain to resurface. On balance, the landlord’s claim is proven. I award the amount of the insurance excess which is $1,000.00. I make no award for the laundry as no work has been done and the landlord accepts that the lino in this room is old so may be due for replacement anyway.
c. Damage to door veneer caused while moving out: the tenant accepts that one internal door was damaged while moving out and notes that she offered to pay for this during the exit inspection. The landlord now claims compensation. I award the quoted cost to replace, resurface and rehang the rimu veneer door.
10. The landlord has partly succeeded with the claim, so I award the filing fee.
11. The parties agreed today on a payment plan for the amount owing.
12. I order suppression of [NAME] names. The landlord has been mostly successful so is entitled to this. The tenant disclosed personal security concerns and, in light of this and my findings on the claims, the balance falls in favour of suppression of her name.
[NAME] 11 February 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 [NAME] 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved that the carpet in one bedroom was damaged by cat urine.
- It was more probable than not that the cat urine damage occurred during this tenancy, given the carpet's condition and the tenant having a cat.
- The tenant accepted that an internal door was damaged while moving out.
- The landlord was awarded the quoted cost to repair the damaged rimu veneer door.
- The landlord partly succeeded with the claim, so they were awarded the filing fee.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay the landlord $1,899.85 for damages and filing fees, to be paid in fortnightly installments.
What was the dispute about?
The dispute was about whether the tenant was responsible for damages to the carpet and filing fees during the tenancy.
How did the court decide, and why?
The court decided that the tenant was responsible for the damages because the carpet damage exceeded fair wear and tear and occurred during the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(2)(a), 41, and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was proving that the damage to the carpet was caused during the tenancy and exceeded fair wear and tear.
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 ensure that any damage claims are substantiated and that the damage exceeds fair wear and tear.
What evidence or documents mattered?
Evidence such as the condition of the carpet at the start of the tenancy and the presence of a cat were considered important.