Tenant Ordered to Pay $16,731.94 for Damages and Unpaid Rent

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[2025] NZTT 5093550

TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [NAME] as trustee of [COMPANY] $16,731.94 immediately, calculated as shown in table below:

Description Landlord Tenant Rent arrears to 19 November 2024 $5,370.00 Carpet cleaning $200.00 Skip hire and skip removal $990.00 Cleaning, rubbish removal from interior, removing damaged curtains and blinds and replacing them

$4,320.00

Lawns and garden work and exterior rubbish removal $2,640.00 Paint interior walls $1,680.00 Replace damaged venetian blinds in lounge/dining room $1,385.36 Replace curtains in lounge and master bedroom $591.58 Replace ceramic cook top and built-in oven $1,328.00 Filing fee reimbursement $27.00 Total award $18,531.94 Bond $1,800.00 Total payable by Tenant to Landlord $16,731.94

2. The Bond Centre to pay the bond of $1,800.00 (5911781-003) to [NAME] as trustee of [COMPANY] immediately

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Reasons:

1. [NAME] attended the hearing for the landlord. The tenant did not attend.

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 20 December 2024. The landlord has claimed rent arrears to 19 December 2024. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.

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

4. 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 (RTA).

5. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. A considerable amount of rubbish had to be removed. The carpets had to be cleaned.

Is the tenant responsible for the damage to the premises?

6. 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.

7. 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.

8. 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.

9. 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

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applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

10. 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.

11. The following damage was caused during the tenancy. Blinds and curtains were damaged and had to be replaced. The ceramic cook-top and the built-in oven were damaged and had to be replaced. Walls throughout the premises were damaged and had to be repainted.

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

13. The amounts ordered are proved by invoices and photos and by the evidence [NAME] gave at the hearing.

14. I have considered betterment and depreciation. The landlord’s evidence persuades me that the replacement cost of the chattels and the painting cost claimed has not resulted in betterment. The replacement cost of the chattels is less than the original purchase price. The premises had been painted in part before the tenancy started.

15. As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

J Greene

27 March 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: