Tenant Ordered to Pay for Missing Items and Damages
📌 In brief
The Tenancy Tribunal ruled that tenants must pay the landlord for missing items and damages beyond fair wear and tear. The tenants left the premises dirty and took several items, including a washer/dryer and a TV. Additionally, the Tribunal found that the tenants' dog caused significant damage to the property.
⚖️ Legal holding
A tenant must compensate the landlord for missing items and damages beyond fair wear and tear.
📖 What the law says
This law states that a tenant must keep the rented property reasonably clean and tidy. When the tenancy ends, the tenant must leave the property in a reasonably clean and tidy condition and remove all their belongings and rubbish.
This law guides the Tenancy Tribunal to resolve disputes fairly and quickly between landlords and tenants. The Tribunal should decide cases based on general legal principles and the overall merits and justice of the situation, rather than being strictly bound by legal technicalities.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenants to pay the landlord for missing items and damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to pay the landlord for missing items and damages beyond fair wear and tear. The tenants failed to leave the premises clean and tidy and removed several items. The Tribunal also found that the tenants' dog caused significant damage to the property.
📚 Full judgment Official document
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[2025] NZTT 5095410
TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE
APPLICANT: [redacted]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], Te Atatu Peninsula, Auckland 0610
ORDER
1. [NAME] and [NAME] must pay [COMPANY] as agent for [NAME] $832.81 immediately, calculated as shown in table below.
2. The [COMPANY] is to pay the bond of $3,400.00 (5667887-001) to [COMPANY] as agent for [NAME] immediately.
Description Landlord Washer/Dryer $615.46 Electronic doorbell $223.30 Wi-Fi booster $264.15 Lawn mower $250.00 Heaters $218.90 Venetian blind $59.00 TV and sound bar $250.00 Dining table and chairs $250.00 Cleaning $250.00 Lawns and garden work $250.00 Repairing walls, door frame, dog and other damage $1,250.00 Window repairs $150.00 Lock/key replacement $175.00 Filing fee reimbursement $27.00 Sub-total $4,232.81 Bond $3,400.00 Amount tenants must pay the landlords $832.81
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Reasons:
1. [NAME] attended the hearing for the landlord’s agent.
2. The tenants did not attend. The hearing proceeded in their absence.
3. The landlord has applied for compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy.
Did the tenants comply with their obligations at the end of the tenancy?
4. At the end of the tenancy the tenants must leave the premises reasonably clean and tidy, remove all rubbish, and leave all chattels provided for their benefit.1
5. The tenants did not leave the premises reasonably clean and tidy.
6. The following chattels were missing at the end of the tenancy: washer and dryer, wireless doorbell, Wi-Fi booster, electric lawnmower, three panel heaters, 65-inch televisions and sound bar, six dining chairs, dining table, and four bar stools.
7. Having viewed the photographs, receipts, and heard from [NAME], I am satisfied that the landlord has satisfactorily proved the amounts ordered above.
8. In calculating the amounts that the tenants owe for the missing chattels, I have accounted for betterment and depreciation. The chattels were about 27 months old. I have adjusted their value to reflect their useful life if the tenants had not taken them.
Are the tenants liable for the damage to the premises?
9. During the tenancy, the tenants’ dog chewed the balcony railing and weatherboards, two garage weatherboards were broken, four internal walls were damaged, a wooden venetian blind was broken, the front door’s glass was cracked, the front door’s lock was broken, and an interior door frame was cracked.
10. I am satisfied that this damage to the premises occurred during the tenancy and is more than fair wear and tear.
1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v).
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11. The tenants have not proven they did not carelessly or intentionally cause or permit the damage.
12. The landlord has satisfactorily proved the amounts the Tribunal orders above for the damage.2
Filing fee
13. The tenants must reimburse the landlord for the filing fee.
Bond
14. The Tribunal directs the [COMPANY] to pay the bond to the landlords.
[NAME]
18 March 2025
2 Under RTA, s 85, the Tribunal must “determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities”.
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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 tenants did not leave the premises reasonably clean and tidy.
- The landlord proved that several chattels, including a washer/dryer and Wi-Fi booster, were missing at the end of the tenancy.
- The landlord provided photographs and receipts, which satisfied the Tribunal regarding the amounts claimed for missing items.
- The damage to the premises, such as a dog chewing the balcony railing and broken internal walls, was more than fair wear and tear.
- The landlord satisfactorily proved the amounts for the damage to the premises.
❌ Tends to be rejected
- The tenants failed to prove they did not carelessly or intentionally cause the damage to the premises.
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 tenants to pay the landlord for missing items and damages beyond fair wear and tear.
What was the dispute about?
The dispute was about the tenants leaving the rental property in poor condition, taking several items, and causing damage with their dog.
How did the court decide, and why?
The court decided that the tenants must compensate the landlord because they left the premises unclean, took several items, and caused significant damage with their dog.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40 and 85, were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenants failed to leave the premises reasonably clean and tidy and caused significant damage with their dog.
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?
For someone in a similar situation, it means that they must ensure the rental property is left in good condition and that they do not take any items that belong to the landlord.
What evidence or documents mattered?
Photographs, receipts, and testimony from the landlord mattered in this decision.