Tenant's Request for Full Bond Refund and Compensation Denied
📌 In brief
The Tenancy Tribunal denied the tenant's request for full bond refund and compensation for replacing curtains and a mat. The landlord received $390 for sticky residue on the benchtop. The decision was based on the tenant's inability to provide sufficient proof of the condition and necessity of the improvements.
⚖️ Legal holding
A tenant is not entitled to compensation for improvements made without permission unless they can provide adequate proof of the condition and necessity of those improvements.
📖 Technical summary
The claimant's request for full bond refund and compensation for replacing curtains and a mat was denied. The respondent was awarded $390 for sticky residue on the benchtop.
📜 Headnote Official document
The Tenancy Tribunal denied the tenant's request for full bond refund and compensation for replacing curtains and a mat. The landlord was awarded $390 for sticky residue on the benchtop. The decision was based on the lack of adequate proof provided by the tenant.
📚 Full judgment Official document
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[2025] NZTT 5138290, 5163615
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] to pay [COMPANY] $390.00 from the bond, calculated as shown in table below.
2. The Bond Centre is to pay the bond of $390.00 (BN-00013973) to [COMPANY] immediately. The Bond Centre is to pay the bond of $2,070.00 (BN-00013973) to [NAME] immediately.
Description Landlord Tenant Repairs: Sticky benchtop residue $390.00 Total award $390.00 Bond $390.00 $2,070.00
Reasons:
1. Both parties attended the teleconference hearing on 15 April 2025.
2. The tenancy began on 8 November 2023 and finished on 9 January 2025.
3. The tenant applied for compensation for having replaced the curtains in the lounge and having placed a new mat in the lounge during the tenancy. The tenant wanted her bond refunded in full also.
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4. The landlord made a cross-application seeking for compensation for the exit cleaning, replacement of the benchtop, replacement of all curtains, replacement of a single mattress and loss of rent due to the remedial work required.
5. I deal with the tenant’s application first.
The tenant’s claims
6. The tenant said that the premises had been filthy and mouldy when the tenant first moved in. She said that she cleaned the premises herself at the beginning of the tenancy.
7. The tenant explained that landlord had not done any inspection or maintenance herself when the tenant moved in.
8. The tenant said that she had replaced the curtains in the lounge as it was mouldy and that she had put a new mat in the lounge area and sought $252.00 as compensation.
9. However, the tenant did not have photos or videos to prove the condition of the curtains in the lounge before she had replaced it with her own. There were also no photos to prove the need for a new mat in the lounge area.
10. There were no invoices to prove her claims neither.
11. As such, I do not find that the tenant has proven this claim to the required standard.
12. The tenant’s claims are dismissed.
The landlord’s claims
13. The landlord claimed for exit cleaning, replacement of kitchen benchtop, replacement of curtains, replacement of a single mattress and rental loss due to remedial work required.
14. Although the total amount calculate was $2,355.00, the landlord only claimed for $1,000.00.
15. The reason the landlord was only claiming $1,000.00 was that the landlord acknowledged not having photos to prove the condition of the premises at the beginning of the tenancy.
16. The landlord had some photos taken at the end of the tenancy to show that the premises was not left reasonably clean at the end.
17. However, the landlord had nothing to rebut the tenant’s claim that the premises was worse at the beginning of the tenancy in terms of cleanliness.
18. The only point that the tenant accepted was having wrapped the benchtop during the tenancy to cover up existing damages on the benchtop.
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19. Although the tenant had placed the wrapping to stop the benchtop from incurring more damage, it seems that the tenant could not get rid of all the sticky residue after having removed the wrapping at the end of the tenancy.
20. The landlord said that she tried to clean it using different products but could not get the residue off completely.
21. I accept that compensation is required to either have it cleaned professionally or for the benchtop to be replaced if need be.
22. I find $390.00 as a reasonable compensation amount for this and order the tenant to pay the landlord accordingly. I do not find that the tenant needs to pay for anything more than that.
23. All other claims by the landlord are dismissed.
Refund of the bond
24. The amount ordered against the tenant is to be paid from the bond.
25. The remaining bond is to be refunded back to the tenant.
J Yi
24 April 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 tenant accepted responsibility for leaving sticky residue on the benchtop.
- The landlord provided photos showing the premises were not left reasonably clean at the end of the tenancy.
❌ Tends to be rejected
- The tenant claimed compensation for replacing curtains without providing proof of their condition beforehand.
- The tenant sought compensation for placing a new mat without proving its necessity.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal denied the tenant's request for full bond refund and compensation for replacing curtains and a mat, and awarded the landlord $390 for sticky residue on the benchtop.
What was the dispute about?
The dispute was about whether the tenant was entitled to a full bond refund and compensation for replacing curtains and a mat, and whether the landlord was entitled to compensation for sticky residue on the benchtop.
How did the court decide, and why?
The court decided against the tenant because she did not provide sufficient proof of the condition and necessity of the improvements. The court awarded the landlord $390 for sticky residue on the benchtop.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The most important argument was the tenant's failure to provide adequate proof of the condition and necessity of the improvements she made.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case, the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have adequate proof of the condition and necessity of any improvements they make to avoid denial of compensation.
What evidence or documents mattered?
Photos, videos, and invoices to prove the condition of the premises and the necessity of the improvements mattered.