Tenant Ordered to Pay for Premises Damages
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $1,327.00 for damages to the premises and filing fees. The landlord had to show that the damage was more than normal wear and tear.
⚖️ Legal holding
A tenant is liable for damages to the premises during the tenancy if the landlord proves the damage is more than fair wear and tear.
📖 What the law says
This section outlines a tenant's responsibilities, which include paying rent on time, keeping the premises reasonably clean and tidy, and notifying the landlord of any damage or needed repairs. When the tenancy ends, the tenant must leave the premises in a reasonably clean and tidy condition and remove all their belongings and rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant was ordered to pay the landlord $1,327.00 for damages and filing fees.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,327.00 for damages to the premises and filing fees. The landlord had to prove the damage was more than fair wear and tear.
📚 Full judgment Official document
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[2025] NZTT 5172591
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], New Plymouth, New Plymouth 4310
ORDER
1. [NAME] must pay [COMPANY] $1,327.00 immediately, calculated as shown in table below.
Description Landlord Repairs: Carpet - Insurance Excess $650.00 Repairs: Cedar Cladding $650.00 Filing fee reimbursement $27.00 Total award $1,327.00 Total payable by Tenant to Landlord $1,327.00
2. The landlord’s other claims are dismissed.
Reasons:
1. Both parties attended the hearing.
2. [NAME] was one of two joint tenants. The landlord has chosen to make its claim against him, alone. The landlord is entitled to do that. Where there is a joint tenancy, the tenants are jointly and individually liable to the landlord.
3. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond was released to the tenants after they made a one party bond application to the Bond Centre.
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Did the tenant comply with their obligations at the end of the tenancy?
4. 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.
5. The landlord claims that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish, but did not provide any photographs to support its claim. The tenant says that it did clean the property.
6. The landlord has the onus of a proving its claims; it must establish that it is more likely than not that the tenant breached its obligations, and that the landlord has suffered the loss claimed. In the absence of photographs and other corroborative evidence, I cannot be satisfied that it is more likely than not that the premises were not reasonably clean at the end of the tenancy. This aspect of the claim is dismissed.
Is the tenant responsible for the damage to 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. See sections 40(2)(a), 41 and 49B RTA.
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). See section 49B(3)(a) RTA.
9. The landlord claimed that a range of damage occurred during the tenancy but did not provide any corroborative evidence of the condition of the property at the start of the tenancy. The tenant disputed the claims. The photographs of damage to the Jute carpet and the cedar cladding establish that that damage was recent. I accept that that damage occurred during the tenancy and is more than fair wear and tear. The tenant has not disproved liability for the damage. I award two insurance excesses in respect of that damage.
10. The other claims are dismissed for lack of evidence from the start of the tenancy.
11. A claim for plumbing repairs is dismissed. While the tenant should have advised the landlord of the need for repair, the items repaired (shower mixer, tap, toilet cistern) are landlord maintenance issues.
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12. As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee.
[NAME]
22 May 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 was allowed to claim against only one of the two joint tenants.
- The damage to the Jute carpet and cedar cladding was recent and occurred during the tenancy.
- The damage to the carpet and cladding was more than fair wear and tear.
- The tenant did not prove they were not liable for the damage.
- The landlord was partially successful in their claims.
❌ Tends to be rejected
- The landlord did not provide photographs or other evidence to support claims of the property not being clean or tidy.
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 $1,327.00 for damages and filing fees.
What was the dispute about?
The landlord claimed the tenant was responsible for damages to the premises and for cleaning the property at the end of the tenancy.
How did the court decide, and why?
The court decided that the tenant was liable for the damages to the premises but not for the cleanliness of the property due to lack of evidence.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B(3)(a) were applied.
What was the argument that mattered most?
The landlord had to prove that the damage was more than fair wear and tear to hold the tenant liable.
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 they have evidence to prove the extent of damage to the premises during the tenancy.
What evidence or documents mattered?
Photographs of the damaged premises were crucial in proving the extent of the damage.