Tenant Held Liable for Significant Property Damage at Tenancy End

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[2025] NZTT 5159008

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlords

RESPONDENT: [redacted]

Tenants

TENANCY ADDRESS: [ADDRESS], Kaimaumau, RD 1, Awanui 0486

ORDER

1. Aneta Kiri Hunt-Brown and Wail'n Howard must pay [NAME] $6,990.56 immediately, calculated as shown in the table below.

Description Landlord Tenant Window repairs $4,142.00 Replace window tints $1,040.00 Replace concrete table $1,500.00 Door replacement (5) $382.37 Curtain replacement $140.00 Bunk replacement $1,200.00 Wall plaster and paint $1,590.00 Fridge repair $685.79 Paint/ plaster materials $194.57 Replace coffee table $400.00 Repair concrete tank top $51.75 Cleaning $662.80 Replace door handles $102.48 Filing fee reimbursement $27.00 Total award $12,118.76 Less insurance payment received - $2,528.20 Less Bond - $2,600.00 Total payable by Tenant to Landlord $6,990.56

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Reasons:

1. The landlords attended the hearing. The tenants did not attend and were not able to be contacted on the numbers specified in the Notice of Hearing.

2. At an earlier hearing, the Tribunal directed that because the application was filed more than 2 months after the end of the tenancy, personal service on the tenants should be attempted.

3. A report confirms that personal service could not be completed.

4. A very recent amendment to the RTA has modified s.91A so that in terms of s.91A(2)(e), service is sufficient, “….if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service.”

5. This application was made within 2 years of the end of the tenancy and was served on the tenants to an e-mail address given as an address for service in the agreement. Accordingly, I consider it proper to hear the application today.

6. The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

7. The bond has already been returned to the landlord.

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

8. 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.

9. Photographs proved by the landlords from the end of the tenancy show that the tenants did not leave the premises reasonably clean and tidy. The landlord should be compensated for the commercial cleaning costs which are proved by the invoice provided.

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 caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or

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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. On inspecting the premises at the end of the tenancy, the landlord’s discovered very significant damage had been done.

13. The landlords’ evidence, which is supported by photographic evidence, is that:

a. multiple windows had been smashed requiring replacement of the windows and also the separate window tints;

b. there were holes in most wall surfaces and in joinery;

c. 5 doors and some door hardware were damaged and needed replacing;

d. curtains were removed;

e. a coffee table, bunk set and concrete outside table provided with the tenancy were damaged to the point that replacement is necessary;

f. the fridge was independently assessed as not working do to damage caused by a cockroach infestation;

14. The landlords arranged for repair of the damage. I am satisfied they did so in a way that met their obligation under s.49 RTA to “….take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.”

15. The amounts claimed for third party costs are proved by invoices provided, except for painting costs. I accept the landlords’ evidence that the plastering and painting was done on a cash basis which minimised the cost and therefore the claim against the tenants. Looking at the extent of the damage shown in the photos, I accept that claim is reasonable.

16. The premises were new at the start of the tenancy so no allowance for depreciation of fixtures is appropriate. Loss caused by damage to the chattels provided with the tenancy is by way of evidence showing replacement cost for equivalent items. I have made a modest allowance for depreciation of those chattels.

17. I have not allowed the claim for the landlords’’ time in assisting with the plastering work. That can be considered part of a landlord’s time administering the tenancy and is not corroborated in any way.

18. After completing the repair work the landlords lodged an insurance claim. The insurer considered all of the damage claimed and agreed to cover the damage it assessed as not having been intentionally caused, as intentional damage is not covered by the policy. Allowance has been made for the insurance claim proceeds received by the landlord. Allowance has also been made for the bond having been paid to the landlord.

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19. [NAME] have succeeded with the claim I must reimburse the filing fee.

B King

11 June 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: