Tenant Wins Bond Refund Against Landlord’s Claims

OUTCOME: Allowed

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[2026] NZTT 5457452, 5508592

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted]

Landlord

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The Landlords application is dismissed.

2. The [COMPANY] shall pay the Tenant $2400.00 immediately.

Reasons:

1. Both parties attended the hearing.

2. The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

3. The Tenant has applied for refund of the 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) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

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5. The Landlord claimed the Tenant failed to reinstate the plants along the back fence line of the property. The Landlord submitted there were mature evergreen bushes at the start of the tenancy. The Tenant asked if she could plant her roses in the same area. The Landlord agreed as long as the Tenant left the garden in the same condition as how it was found when the Tenant moved in.

6. At the end of the tenancy, the Landlord submitted their plants along the fence line were either dead or removed. The Tenant also added stones where there used to be bark. Photographs of the plants at the start and end of the tenancy were provided and the email between the parties on 20 March 2023 confirming the agreement regarding the Tenant’s roses.

7. The Tenant submitted the plants perished because of the extreme flooding that occurred in the back yard due to heavy rainfall. She notified the Landlord several times of this. As a result, the plants did not survive which included her late mothers roses due to the harsh environmental conditions and insufficient drainage. She laid stones along the fence line to soak up the flooding. She was a prizewinning gardener and provided photographs of the other areas of the garden which were well maintained. Photographs were also provided of the flooded area after it rained and text message correspondence between the parties praising the Tenant for keeping the property in an immaculate condition.

8. In considering the evidence, I find the Tenant did not cause the damage to the Landlords plants in the back fence line. From the photographs provided of the property, the overall condition of the garden and the unit indicated the Tenant paid consistent attention and respect for the property. She also sought permission before planting her late mothers’ roses, showing a very respectful and considerate attitude toward the Landlord’s property. I also accept the Tenant would have taken the utmost care to ensure her mothers roses flourished in the backyard and because of factors beyond her control, did not. Given these facts, I find the Tenant’s explanation—that flooding caused the plants to perish—to be credible and convincing. It is more likely than not that the Tenant did not cause the damage to the plants.

9. The claim is dismissed.

Is the tenant responsible for the damage to the premises?

10. 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.

11. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the

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damage is presumed to have occurred after that date unless the tenant proves otherwise.

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) 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) 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.

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) 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. The following damage was caused during the tenancy: carpet in the garage. The Landlord claimed for new carpet to the garage floor due to the Tenants tyre marks causing the Tenant to repeatedly manoeuvre the vehicle to avoid a treadmill stored against the wall. The Landlord submitted evidence from the [COMPANY] stating that the carpet had been excessively worn due to vehicle steering movements when entering and exiting the garage. The landlord submitted had the treadmill not been stored there, there would not have been excessive turning of the wheels wearing out the floors. The Landlord submitted the previous tenant did not leave similar damage to the floor. A photograph of the garage floor when the previous Tenant lived at the property was provided.

17. The tenant submitted the garage was intended for vehicle storage and that tyre marks on the garage carpet were consistent with normal use and fair wear and tear.

18. In considering the evidence, I accept the garage was intended for the parking and storage of vehicles. I find that the Tenant used the garage for its ordinary purpose and did not subject it to any use beyond what would reasonably be expected. The tyre marks and wear to the garage floor were fair wear and tear.

19. The claim is dismissed.

20. As the Landlord has not been substantially successful with their claim, name suppression is not granted and the Landlord shall pay their own filing fee. The Tenant has not requested name suppression.

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A Aiolupotea 28 May 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 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, 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: