Tenant Ordered to Pay $2,159.25 for Damages and Rent Arrears

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[2025] NZTT 5152206

TENANCY TRIBUNAL AT PAPAKURA | TE TARAIPIUNARA RETIHANGA KI PAPAKURA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] and [NAME] must pay [COMPANY] - as Agent for [NAME] $2,159.25 immediately, calculated as shown in the table below.

Description Landlord Tenant Rent to 3 November 2024 $580.00 Repairs - heat pump and rangehood $948.75 Cleaning $690.00 Repairs to walls, doors, garage carpet, blinds $2,633.50 Less: bond refunded $2,720.00 Filing fee reimbursement $27.00 Total award $4,879.25 $2,720.00 Net award $2,159.25 Total payable by Tenant to Landlord $2,159.25

Reasons:

1. The landlord attended the hearing yesterday by telephone with the Tribunal’s permission.

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2. The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond of $2,720.00 has already been refunded to the landlord. The amount of the bond has been deducted from the award.

Rent Arrears

3. The tenancy ended on 3 November 2024 pursuant to a termination notice from the tenant. The landlord provided a rent summary which proves the amount owing at the end of the tenancy.

Cleaning and Rubbish Removal

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.

5. The tenant did not leave the premises reasonably clean and tidy. There were some clothes hangars and other items left behind, including cleaning items in the laundry. The oven, rangehood, kitchen cupboards, and toilet needed cleaning. There were some carpet stains.

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.

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 4 weeks' rent.

8. 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.

9. 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.

10. There was damage to the walls and doors during the tenancy. There was obvious damage to the lounge wall and visible damage in the hallway (which

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the tenant looks to have attempted to repair). The door of bedroom 2 had several areas of visible damage. The toilet roll holder was missing in the bathroom and the blinds in bedroom 1 had been damaged. The garage carpet had been torn in one area.

11. There may be an element of fair wear and tear in terms of the damage to the blinds. The landlord acknowledged that they are quite thin and possibly easily damaged. I discount the award for the blinds by 50% to account for this and depreciation (the premises being about 4 years old). The award for the blinds is $425.00 plus GST.

12. The remaining damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The itemised repair costs for the walls, doors, and garage carpet are less than the insurance excess of $750.00.

13. The heat pump and rangehood were also damaged. The heat pump was missing a filter. The buttons on the rangehood had been pushed in, which the landlord suggested would have required mistreatment. The electrician has recorded that both the heat pump and rangehood damage had been caused by “vandalism”. The invoice noted the control buttons on the rangehood had been pushed in and this had blown the main circuit board.

Filing Fee

14. The landlord’s application has been successful. The filing fee must be awarded.

[NAME]

26 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: