Tenancy Tribunal Rules Tenants Must Pay for Property Damages

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[2025] NZTT 5176293

TENANCY TRIBUNAL AT WHANGAREI | TE TARAIPIUNARA RETIHANGA KI WHANGĀREI-TERENGA-PARĀOA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] and [NAME] are to pay [COMPANY] (as agent for [NAME]) $1,041.51 from the bond, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $2,720.00 (6407935-012) immediately apportioned as follows:

[COMPANY]: $1,041.51

[NAME] and [NAME]: $1,678.49

Description Landlord Tenant Water rates $68.16 Compensation - damage to benchtop $500.00 Carpet Cleaning: Spot stain treatment $115.00 Repairs: Damage to walls $331.35 Filing fee reimbursement $27.00 Total award $1,041.51 Bond $1,041.51 $1,678.49

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Reasons:

1. The tenancy ended on 16 January 2025.

2. The landlord’s application seeks vacated water rates, repairs, and other costs.

3. The hearing took place in Whangarei on 21 May 2025. Both parties attended the hearing. [NAME] and [NAME] represented the landlord.

4. [NAME] did not dispute the claim for water rates.

5. Tenants are liable for careless or intentional damage that occurs during the tenancy. Tenants are not liable for ‘fair wear and tear’. Tenants are liable for damage caused by themselves or by anyone who is at the premises with their consent. Tenant’s liability for careless damage is limited to the amount of the landlord’s insurance excess or the equivalent of four weeks’ rent (whichever is the lesser).

6. The landlord sought:

a. $115.00 for treatment of two carpet stains.

b. $331.35 for damage to walls.

c. $500.00 (the amount of the landlord’s insurance excess) for damage to the kitchen benchtop.

d. $150.00 for replacing the silicon in the shower.

7. The claim for carpet stain treatment is proven. [NAME] provided photographs of the two small stains. [NAME] took the photographs after the tenants moved out, and before the owners moved back in.

8. I was provided with a copy of the entry inspection report. The stains cannot be seen in that report. [NAME] did not argue that the stains were present at the beginning of the tenancy.

9. I am satisfied that it is proven, to the standard of “more likely than not” that the stains occurred during the tenancy. The cost of stain removal is proven.

10. [NAME] provided photographs of the damage to the walls. The photographs show:

a. Two deep, parallel gouges on the wall in the hallway.

b. A sizeable diamond shaped dent / chip.

c. Two deep gouges and a black mark.

11. The damage is beyond fair wear and tear. [NAME] did not know how the damage occurred. He suggested that it may have been during moving. This possible, given the nature of the damage.

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12. [NAME]’s main objection to this claim was cost of repairs.

13. The landlord provided quote from [NAME] for $331.35. The quote details the work but does not provide a breakdown of labour and materials.

14. [NAME] said that he had spoken to other builders and showed them the photographs of the damage, and they said that the cost was excessive and that Teahon were probably “gouging” the landlord.

15. I must prefer the landlord’s evidence because they have provided an actual estimate for the work, rather than [NAME]’s evidence which is hearsay.

16. I also think that the quoted amount is reasonable having regard to the fact that there are multiple areas that require repair and painting.

17. This part of the landlord’s claim is proven.

18. The benchtop was damaged during the tenancy. [NAME] said that his wife put a hot pot onto the bench and when she lifted it, part of the benchtop surface tore, exposing the composite wood underneath.

19. [NAME] provided a photograph of the damaged area, which is consistent with [NAME]’s description.

20. [NAME] commented that the benchtop should not be damaged in that way simply by putting a hot pot on it.

21. I agree that the ‘tearing’ damage is perhaps surprising, but some type of damage is a reasonably foreseeable consequence of putting a hot pot directly onto a laminate benchtop. The damage is not fair wear and tear.

22. The landlord looked into the option of repair, but unfortunately it was not possible to repair (evidence provided). The only reinstatement option is replacement of the benchtop. The landlord has insurance with an excess of $500.

23. I am satisfied that the landlord will replace the benchtop because the damage is allowing water to get to the composite timber.

24. The claim is proven. The tenant’s liability is capped at $500.00.

25. The landlord sought the cost of replacing the silicon in the shower on the grounds that the tenants failed to keep the silicon clean.

26. [NAME] said that they attempted to clean the silicon but the dark marks could not be removed.

27. Silicon darkens and deteriorates over time, and there can be various reasons why it may deteriorate more quickly than ‘normal’. It is not proven that this cost is due to tenant carelessness or failure to keep the premises reasonably clean. This part of the claim is dismissed.

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28. The claim for lawnmowing is dismissed. Tenants must leave the premises (including lawns and gardens, if they are responsible for them) “reasonably clean tidy” at the end of the tenancy. People can have genuinely different views about what amounts to reasonably clean and tidy. Because of that, visual evidence such as photographs or video are critical evidence in landlord claims for cleaning or lawnmowing. There are no photographs of the lawns at the end of the tenancy. This part of the landlord’s claim is not proven.

29. The landlord has been substantially successful in this application, and I will also award the landlord the filing fee.

30. The landlord will receive $1,041.51 from the bond, calculated per the table above. The balance will be released to the tenants.

[NAME]

21 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: