Tenant Must Pay $1,924 in Rent Arrears and Damages

OUTCOME: Allowed

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[2026] NZTT 5407348

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted] [APPELLANT]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] must pay [COMPANY] [NAME] [COMPANY] $1,924.09 immediately, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $2,880.00 (6539103-009) to [COMPANY] [NAME] [APPELLANT] immediately.

Description Landlord Tenant Rent arrears $165.71 Pest control: Cockroaches and fleas $517.50 Lock/key replacement: Remotes $138.00 Replace furnishings: Curtains/rack/ties $731.40 Repairs: Deck $552.00 Bedroom 1. Carpet replacement and wall repair $788.00 Bedroom 2. Repair door frame, replace missing latch, install curtain rod

$575.00

Bedroom 3. Carpet replacement and wall repairs $1,317.00 Tenant credit $100.52 Replace kitchen bins $92.00 Filing fee reimbursement $28.00 Total award $4,904.61 $100.52 Net award $4,804.09 Bond $2,880.00 Total payable by Tenant to Landlord $1,924.09

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Reasons:

1. The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.

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.

How much is owed for rent?

3. The tenancy ended on 30 November 2025 after tenant notice. The landlord provided rent records which prove the amount owing at the end of the tenancy.

4. A tenant credit of $100.52 was noted and it is applied against the debt in this order.

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 section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

6. The tenant did not leave the premises free from pests. A significant cockroach and flea infestation was found at the end of the tenancy. Photos provided support the invoice treatment and cleaning costs of $517.50.

7. The tenant did not return the two gate remotes as provided. These were replaced at a cost of $138.00.

8. The two kitchen bins were missing at the end of the tenancy and had to be replaced at a cost of $92.00.

9. The amounts ordered are proved.

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

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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 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. The excess recorded in the tenancy agreement was $650.00 and that has been adopted in this order as appropriate.

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. [NAME] v Korck [2019] NZHC 1541.

15. The following damage was caused during the tenancy. All claims were supported by entry and exit photos:

Replace furnishings: Curtains/rack/ties

16. The lounge curtain was stained beyond cleaning and replaced. A curtain rod was removed from bedroom 2. A net curtain was damaged and required replacement. These claims are proven and awarded in full.

Repairs: Deck

17. The wooden external deck and entrance steps had paint on them as well as drawings and painting. It required repair and re-staining at the invoiced cost as awarded.

Bedroom 1. Carpet replacement and wall repair

18. Photos confirmed the carpet was badly stained and required replacement. The walls had some damage from fixtures once removed. The claim and costs are accepted but the carpet is compensated at the insurance excess level.

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Bedroom 2. Repair door frame, replace missing latch, install curtain rod

19. The door frame was damaged by what appears a forced entry. One piece of the frame and the lock plate required replacement. The replacement curtain rod labour cost, as well as the cost of replacing a window latch, are awarded per the invoiced costs.

Bedroom 3. Carpet replacement and wall repair

20. Photos confirmed the carpet was badly stained and required replacement. The walls had several areas of damage. One small hole in the plasterboard required repair and large wall drawing had to be removed and repainted. This bedroom was in the worst condition of the three.

21. The damage above is more than fair wear and tear, and the tenant has not disproved liability for the damage.

22. The amounts ordered are proved.

23. The claims for the wardrobe door repairs in bedrooms 2 and 3 are dismissed as unproven. While invoiced, no photos show any damage that support the claimed tasks.

24. The two carpet replacement costs of $747.50 ($650 ex GST) are reduced to the lower excess liability of $650.00 each.

25. The premises was new at commencement. I have not applied any depreciation.

Filing fee

26. [COMPANY] [NAME] [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.

[NAME] [NAME]

29 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: How much is owed for rent? Did the tenant comply with their obligations at the end of the tenancy? Is the tenant responsible for the damage to the premises?