Tenants Must Cover Excess Insurance and Reasonable Cleaning Fees

OUTCOME: Allowed

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[2026] NZTT 5424548

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] to pay [COMPANY] As Agent For [NAME] $828.00 from the bond, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $929.75 (BN-00026013) immediately apportioned as follows:

[RESPONDENT] As Agent For [NAME]: $828.00

[RESPONDENT]: $101.75

Description Landlord Tenant Carpet Cleaning $240.00 Cleaning $60.00 Repairs $500.00 Filing fee reimbursement $28.00 Total award $828.00 Bond $828.00 $101.75

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Reasons:

1. [NAME] appeared on behalf of the landlord attended the hearing which was conducted remotely. There was no appearance for the tenant. Two phone calls to her mobile went unanswered.

2. [NAME] was not the property manager at the time of the tenancy. She has provided some email correspondence from the owner outlining some issues.

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

4. Part of the bond has already been released. The balance remaining is $929.75, which is the amount in dispute.

Did the tenant comply with their obligations at the end of the tenancy?

5. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy. See section 40(1)(e) Residential Tenancies Act 1986.

6. The landlord provided an entry and exit report. An invoice for $189.75 for cleaning was also submitted. This covered items such as some marks on the front door handle, slider curtain and skirting boards.

7. The tenant is not required to leave the premises is an immaculate condition. Sometimes some further cleaning is required. I find that overall, the premises were reasonably clean and tidy but accept that parts of the ensuite bathroom had not been cleaned. I order $60 for cleaning.

8. There were some marks on the carpet in the living room and one bedroom. The landlord has established that carpet cleaning was required and has provided an invoice for $240. That amount is ordered.

Is the tenant responsible for the damage to the premises?

9. 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.

10. According to an email from the owner, at a routine inspection in June 2025, it was discovered that the glass top stove had been damaged. The tenant said that the extractor fans on the rangehood were faulty and had fallen on to the stove after she had put it back after cleaning.

11. The owner arranged for the [NAME] to attend and advise if the fans were faulty. It was reported that they had not been put in correctly. They had now bent.

12. The landlord provided a quote for replacement for $2,528. Ms [RESPONDENT] said that they had been repaired and the owner had now sold the property. The owner

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seeks $500 insurance excess, and provided correspondence from the insurer, confirming that was the amount the owner had to pay.

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. I find that the damage occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

15. I order the tenant to pay $500, being the insurance excess.

16. I have taken into account betterment and depreciation. 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, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

17. [COMPANY] As Agent For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.

[NAME]

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: