Tenant Ordered to Pay Repairs and Costs at End of Tenancy
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay for repairs and removal of belongings at the end of a tenancy agreement if they fail to comply with their obligations. In this case, the tenant was ordered to pay $929.12 for various costs.
⚖️ Legal holding
A tenant is responsible for the costs of repairs and removal of belongings at the end of a tenancy if they fail to comply with their obligations under the Residential Tenancies Act 1986.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent, keeping the premises reasonably clean and tidy, and notifying the landlord of any damage or needed repairs. At the end of a tenancy, it requires the tenant to leave the premises, remove all their belongings, leave the premises reasonably clean and tidy, and remove all rubbish.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay for damages and costs related to the end of a tenancy agreement.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $929.12 for various costs including repairs and removal of belongings at the end of a tenancy agreement. The Tribunal found that the tenant failed to comply with their obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5182051
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] $929.12 immediately, calculated as shown in table below.
Description Landlord Tenant Repairs: Door gouge/ replacement $250.00 Alarm code reset $149.50 Lock/key replacement $220.50 Rubbish removal $282.12 Filing fee reimbursement $27.00 Total award $929.12 Total payable by Tenant to Landlord $929.12
Reasons:
1. The landlord attended today’s hearing. The tenants were called on three separate numbers but none of the calls were answered.
2. The application was filed on the 28 February 2025, which was just over 2 months from when the tenancy ended. The tenants gave an email address
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[EMAIL] in the tenancy agreement and have continued to communicate with the landlord using that address. [NAME] applied for a new tenancy with the landlord in February 2025 and put that same email address down as her contact details.
3. In the tenancy agreement it also lists a physical address different to the address of the premises as an address for service. The property manager said that this was [NAME]’s mother’s address and that she understood that the tenant’s mother still lived there.
4. I am satisfied that the tenants have been served with the claim and given notice of today’s hearing because the claim has been sent to the physical address for service and the email addresses.
5. I have therefore proceeded in the absence of the tenants.
The claims.
6. The tenancy ended on the 23 December 2024 after the landlord gave a 90 day notice for a family member to move in.
7. The landlord has applied for:
a. Costs of repair or replacement door $ 250.00
b. Costs of resetting the alarm code $149.50
c. Change of locks $220.50
d. Removal of the tenant’s belongings left in the premises $282.12
e. Costs of meth testing $189.75
f. Filing fee
Did the tenant comply with their obligations at the end of the tenancy?
8. 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.
9. The tenant did not remove all their belongings. The landlord provided photographs of items/ rubbish left at the tenancy. The landlord had to dispose of the items at a cost of $282.12
10. The tenant did not return all the keys and also reset the alarm, rendering it unusable to the landlord. The landlord had to change the locks and reset the alarm.
11. The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
mailto:[EMAIL]
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12. 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.
13. 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.
14. 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) 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) RTA.
15. Tenants are liable for the cost of repairing damage that is intentional. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
16. 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. See Guo v Korck [2019] NZHC 1541.
17. I am satisfied that the tenant’s damaged the door during the tenancy. There are large gouge marks in the door, that were not in the door at the beginning of the tenancy. The damage is more than fair wear and tear. The tenant is liable for the costs of replacing the door.
18. The amounts ordered are proved.
Methamphetamine testing.
19. The landlord also sought the costs of methamphetamine testing which the landlord says was necessary due to suspicious conduct at the tenancy. The results of the tests were negative. Testing for methamphetamine is a costs incurred by the landlord. Testing costs will only be awarded by the Tribunal if the property is shown to be contaminated. In this case there was no methamphetamine use. The landlord will bear the costs of the testing.
Filling fee
20. As the landlord has been successful in most of its claims then I award the landlord the filing fee.
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[NAME]
16 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 tenant did not remove all their belongings, leaving the landlord to dispose of them at a cost of $282.12.
- The tenant did not return all the keys and reset the alarm, forcing the landlord to change the locks and reset the alarm at a cost of $370.
- The gouge marks on the door were not present at the start of the tenancy and were more than fair wear and tear, making the tenant liable for the cost of replacing the door at $250.
- The landlord successfully claimed for the filing fee since they won most of their claims.
❌ Tends to be rejected
- The tenant's failure to respond to the hearing did not affect the tribunal's ability to proceed, as the tribunal was satisfied that the tenants had been properly notified.
- The landlord's claim for the cost of methamphetamine testing was denied because there was no contamination found, despite suspicious conduct at the tenancy.
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 $929.12 for various costs including repairs and removal of belongings at the end of a tenancy agreement.
What was the dispute about?
The dispute was about the tenant's failure to comply with their obligations at the end of the tenancy, including removing belongings and paying for repairs.
How did the court decide, and why?
The court decided that the tenant must pay for the costs because they failed to comply with their obligations under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 49B(1) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to comply with their obligations at the end of the tenancy, leading to costs for repairs and removal of belongings.
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, failing to comply with their obligations at the end of a tenancy could result in having to pay for repairs and removal of belongings.
What evidence or documents mattered?
Photographs of items/rubbish left at the tenancy and the landlord's communication with the tenant via email and physical address for service mattered.