Tenant Ordered to Pay Damages for Leaving Premises Unclean
📌 In brief
The Tenancy Tribunal ordered the tenant to pay a debt to the landlord for leaving the premises unclean and causing damage beyond fair wear and tear. The tenant accepted responsibility for the damage and agreed to pay the debt in weekly installments.
⚖️ Legal holding
A tenant must pay for damages beyond fair wear and tear if they accept responsibility for the damage.
📖 Technical summary
The Tribunal ordered the tenant to pay a debt to the landlord, with weekly installments.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay a debt to the landlord for leaving the premises unclean and causing damage beyond fair wear and tear. The tenant accepted responsibility for the damage.
📚 Full judgment Official document
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[2026] NZTT 5486577
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $623.89, calculated as shown in the table below.
2. The tenant must pay the debt in this order at the rate of $20 per week.
3. The first payment must be made on Tuesday 7 July 2026 and payments must continue every Tuesday until the debt is paid in full.
4. 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.
Description Landlord Tenant Rent credit $219.86 Oven/stove cleaning $171.57 Wall patching $251.36 Carpet replacement $298.00 Bathroom privacy knob $122.82 Total award $843.75 $219.86 Net award $623.89 Total payable by Tenant to Landlord $623.89
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Reasons:
1. Both parties attended the hearing remotely.
2. The landlord has applied for compensation following the end of the tenancy. There is no bond.
3. The tenancy ended on 17 February 2026. The landlord provided rent records showing a $219.86 rent credit at the end of the tenancy. The tenant has been given credit for that.
4. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy.
5. The tenant did not leave the premises reasonably clean and tidy. The oven needed cleaning.
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. There was some damage during the tenancy including wall damage, a bathroom privacy knob and carpet. It is beyond fair wear and tear and the tenant accepted responsibility for the damage.
11. I am satisfied that the claims are reasonable in amount and that the landlord has applied depreciation for the age and condition of damaged items where appropriate. The tenant accepted the claims.
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12. The tenant offered to pay the amount due from him at the rate of $20 per week which the landlord accepted. I have therefore made an instalment order.
[NAME]
18 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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 tenant was given credit for a rent overpayment at the end of the tenancy.
- The tenant failed to leave the premises reasonably clean, specifically the oven.
- The damage to the property, including walls, a bathroom knob, and carpet, was more than normal wear and tear.
- The tenant accepted responsibility for the damage that occurred during the tenancy.
- The landlord's claims for damages were considered reasonable in amount, with appropriate depreciation applied.
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 a debt to the landlord for leaving the premises unclean and causing damage beyond fair wear and tear.
What was the dispute about?
The dispute was about the tenant leaving the premises unclean and causing damage beyond fair wear and tear.
How did the court decide, and why?
The court decided that the tenant must pay for the damages because they accepted responsibility for the damage and the damage was beyond fair wear and tear.
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 accepted responsibility for the damage and the damage was beyond 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 they leave the premises clean and in good condition to avoid having to pay for damages.
What evidence or documents mattered?
The evidence included rent records showing a rent credit at the end of the tenancy and proof of damage to the premises.