Tenant Ordered to Pay for Damages and Repairs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $3,284.16 for damages and repair costs. These costs included removing abandoned property and repairing walls damaged by the tenant's actions during the tenancy period.
⚖️ Legal holding
A tenant is liable for the costs of repairs and removal of abandoned property when such damage occurs during the tenancy period.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay the landlord for damages and repair costs.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $3,284.16 for damages and repair costs incurred due to the tenant's actions during the tenancy period, including removal of abandoned property and plastering repairs.
📚 Full judgment Official document
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[2025] NZTT 4917437
TENANCY TRIBUNAL - Hamilton | Kirikiriroa
APPLICANT: [redacted] And [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] As Trustee For [COMPANY] And [COMPANY] $3,284.16 immediately, calculated as shown in the table below.
Description Landlord Tenant Rubbish removal: labour $700.00 Rubbish removal: dump fees $493.72 Repairs: plastering $2,070.00 Filing fee reimbursement $20.44 Total payable by Tenant to Landlord $3,284.16
Reasons:
1. The landlord attended the hearing. The tenant did not attend and could not be reached by telephone (my call went to voicemail).
2. The landlord has applied for compensation following the end of the tenancy.
3. The tenancy ended on 5 April 2024 and an order was made on 18 September 2024 for payment of rent owing.
4. This order deals with claims for rubbish removal and plastering repairs.
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5. The landlord’s evidence (photographs and invoices) prove that:-
a. Rubbish, building materials, unwanted belongings and furniture were left behind at the house. This had to be collected from several rooms, the garage, and outside.
b. Shelving had been installed in the garage during the tenancy. This had to be removed.
c. Seven loads of rubbish were taken to the dump.
d. The garage walls and ceiling were damaged from the shelving fixings.
e. Other walls and architraves in the house were damaged by items being attached to them including a slide lock, a large bracket, large nails, blocks to attach (perhaps) a baby gate.
6. I award the invoiced costs for rubbish removal labour and dump fees.
7. The damage to the walls and ceilings occurred during the tenancy and is more than wear and tear from normal use. The tenant is liable to pay the reasonable repair costs.
8. The landlord claims the cost to replaster the damaged walls and ceilings. She has not claimed repainting costs as accepts the tenancy was a long one and repainting was due as part of normal maintenance.
9. Neither has the landlord claimed cleaning costs.
10. I award the plastering invoice as consider this reasonable in the circumstances.
11. The landlord has succeeded with the claim, so I award the filing fee.
12. The landlord does not seek suppression.
[NAME]
17 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 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.
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 provided photographs and invoices proving the need for rubbish removal and repairs.
- The tenant did not attend the hearing and could not be reached by telephone.
- The damage to the walls and ceilings was caused by the tenant's actions during the tenancy.
- The landlord claimed only the costs for plastering repairs, not repainting or cleaning.
- The costs for rubbish removal and repairs were considered reasonable by the tribunal.
❌ Tends to be rejected
- The tenant's failure to provide evidence or attend the hearing did not lead to any specific rejection.
- The landlord did not claim excessive or unreasonable costs beyond what was necessary.
- The tribunal did not reject any specific costs claimed by the landlord.
- There were no counterarguments or defenses presented by the tenant.
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 $3,284.16 for damages and repair costs.
What was the dispute about?
The dispute was about the landlord's claim for costs related to removing abandoned property and repairing damages caused by the tenant's actions during the tenancy period.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant's actions caused significant damage beyond normal wear and tear, requiring repairs and removal of abandoned property.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The landlord provided photographic evidence and invoices proving the extent of the damage and the costs associated with the repairs and removal of abandoned property.
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 be aware that they may be held responsible for damages and repair costs if they cause significant damage during their tenancy.
What evidence or documents mattered?
Photographic evidence and invoices for the costs of repairs and removal of abandoned property were crucial in supporting the landlord's claim.