Tenant Awarded Compensation for Rent and Utilities

__________________________________________________________________________________ 5112952 1

[2025] NZTT 5112952

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [COMPANY] to pay [NAME] $1,075.50 immediately, calculated as follows:

Description Landlord Rent arrears to 16 December 2024 $1,371.43 Unpaid power bills $804.07 Cleaning mould $250.00 Total award $2,425.50 Minus Bond -

$1,350.00 Tenant to pay $1,075.50

2. [COMPANY] is to pay the Bond of $1,350.00 to [COMPANY] immediately.

Reasons:

1. The Landlord attended the hearing by phone. The Tenant did not answer when called on the number provided.

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

__________________________________________________________________________________ 5112952 2

How much is owed for rent and power?

3. The tenancy ended on 16 December 2025. The Landlord provided rent records which prove the amount owing at the end of the tenancy.

4. There are unpaid power charges of $804.07, which the Property Manager says the Landlord paid accidentally. The power bills provided by the Landlord are in the Tenant’s name and I order that she pay the unpaid amount.

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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

6. The Tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish, the Landlord claims.

7. Given the length of this tenancy (23/03/17 to 24/12/24), the absence of any pre- tenancy inspection report (two inspection reports from 2023 and 2024, showing the home to have damage, and cleanliness issues), it is hard for me to establish what condition the premises were in at the start of the tenancy and how the Tenant has maintained the cleanliness of the premises.

8. The Landlord claims the cost of cleaning mould from the bathroom ceiling and walls, stating that the Tenant did not ventilate the premises properly. The pictures of the bathroom do show extensive mould growth. This is an old home, and it needs maintenance (repairs to walls, and interior timber elements), whether due to the Tenant’s occupation or fair wear and tear, which cannot be established on the evidence. Consequently, I award $250.00 toward cleaning costs as claimed by the Landlord.

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

__________________________________________________________________________________ 5112952 3

11. 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.

12. 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.

13. 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.

14. 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.

15. I have insufficient evidence and submissions concerning any damage to the premises which would enable me to make reliable findings. I have asked the registry to request photographs taken at the commencement of the tenancy. No response has been received, and I have made my final determination.

[NAME]

07 March 2025

__________________________________________________________________________________ 5112952 4

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/

__________________________________________________________________________________ 5112952 5

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: