Tenant Ordered to Pay Landlord $11,072.76 in Cleaning and Repair Costs

OUTCOME: Allowed

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[2026] NZTT 5451208

TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] must pay [APPELLANT] and [NAME] $11,072.76 immediately, calculated as shown in the table below.

Description Landlord Tenant Cleaning $569.61 Rubbish removal: interior $2,298.94 Rubbish removal: garage $1,434.00 Rubbish removal: exterior $2,151.00 Lawns and garden work $200.00 Rangehood filter replacement $39.68 Window repairs $1,230.69 Painting of walls $767.81 Replacement of doors/doorframe repairs $1,289.59 Kitchen cabinet door replacement $245.18 Repairs to walls $846.26 Total award $11,072.76 Total payable by Tenant to Landlord $11,072.76

Reasons:

1. The Tribunal must consider an application filed by the landlord.

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2. Only the landlord attended the hearing. There was no appearance by the tenant at the scheduled time. The start of the hearing was delayed, and the matter was called again. The tenant still did not attend. As the tenant has been notified, the hearing proceeded.

3. The landlord has applied for rent arrears and compensation following the end of the tenancy. There is no bond.

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) of the Residential Tenancies Act 1986 (the RTA).

5. The landlord seeks costs for cleaning, rubbish removal, lawnmowing/gardening and replacement of a rangehood filter. The landlord has produced inspection reports with photographic evidence showing the condition of the premises at the start of the tenancy, and when the tenancy ended. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

6. The evidence shows extensive cleaning was required.

7. In terms of the rubbish removal costs, the landlord’s evidence is that there were large bulky items left inside and outside the premises, including furniture, clothing and other items. The volume of rubbish in the interior was 14 cubic metres, exterior rubbish was 12 cubic metres, and the garage rubbish amounted to 8 cubic metres.

8. The lawns had to be slashed and then mowed, due to the length of the grass at the end of the tenancy.

9. The rangehood filter had been removed and had to be replaced.

10. Being satisfied that the landlord has established its claims above, the amounts sought are ordered.

Compensation for tenant damage

General principles regarding responsibility for damage

11. The landlord seeks compensation for tenant damage. To be successful in such claims, 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

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damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B of the RTA.

12. 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) of the RTA.

13. 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). See section 49B(3)(b) of the RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) of the RTA.

14. Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) of the RTA.

15. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. [NAME] v Korck [2019] NZHC 1541.

16. When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, the landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.

The landlord’s claim for tenant damage

17. On the basis of the landlord’s evidence, I am satisfied that the following damage was caused during the tenancy:

• Windows: the window in the hallway, and two windows in bedroom 1 were damaged and had to be replaced.

• Walls: with reference to the photographs provided, the landlord states there were holes, marks and scrapes on multiple walls throughout the premises. There was also graffiti that had to be painted over. The landlord claims the cost of the wall repairs, and the depreciated amount of the painting cost, noting the walls had been painted 3 years ago.

• Doors: three doors were damaged in bedroom 2, and, due to the extent of damage, had to be replaced. Doors in bedroom 1, and the garage were also replaced.

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• Doorframe: the doorframe in bedroom 1 was damaged and had to be repaired.

• Kitchen cabinet door: the door had been removed, and had to be replaced.

18. The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

19. As the claims have been established, the amounts sought are awarded above.

20. In determining the quantum of compensation, betterment and depreciation has been taken into account.

Filing fee and name suppression

21. While successful, the landlord does not seek the filing fee or name suppression.

V [NAME]

04 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 [NAME] 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: