Tenant Ordered to Pay $2,257 for Rent Arrears and Cleaning Costs

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[2025] NZTT 5122068

TENANCY TRIBUNAL AT PUKEKOHE | TE TARAIPIUNARA RETIHANGA KI PUKEKOHE

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: 16 Highway 22, Onewhero, RD 1, Onewhero 2696

ORDER

1. [NAME] and [NAME] must pay [NAME] $2,257.00 immediately, calculated as shown in table below.

2. The bond centre is to pay the bond (6061937-025) of $2200.00 to [NAME] immediately.

Description Landlord Tenant Rent arrears to 29 December 2024 $1,415.00 Rubbish removal: Skip bin $485.00 Cleaning: and rubbish removal labour $1,840.00 Lawns and Garden work $690.00 Filing fee reimbursement $27.00 Total award $4,457.00 Bond $2,200.00 Total payable by Tenant to Landlord $2,257.00

Reasons:

1. The landlord attended by video, the tenants did not attend the hearing in the court where the hearing was originally to be held, did not attend by video and did not answer the two telephone numbers that the tenants were called on. I am satisfied that the tenants were notified of the hearing and proceeded in their absence.

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2. The premises are a large 4-bedroom home built in or around 1969 on a large section with established gardens. The property is rural.

3. The tenancy was for 4 years. During the tenancy the landlord inspected the property but was unable to inspect the back garden because the tenants kept their large dog there.

4. The landlord applied for the rent arrears, cleaning, rubbish removal, costs of repair of the fence, and costs of restoring the lawn and garden to a reasonable standard. The landlord also seeks the filing fee and to be paid any amounts awarded from the bond.

5. The bond is held in the name of [NAME], the landlord confirms that the tenant’s name is [NAME] and that the bond that was deposited is for these tenants.

How much is owed for rent?

6. The tenancy ended on 29 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

7. 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.

8. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

9. The tenants left a large amount of rubbish and belongings at the property, the landlord had hire someone to move the tenants’ belongings that were of some value to one side, to allow the tenants to come and collect the belongings. The tenants came and collected some belongings and left the remainder. The landlord had to dispose of those belongings.

10. I am satisfied that the landlord had to pay contractors to clean the property to a reasonable standard and to dispose of the tenants’ rubbish and belongings. Some of these items were large and the landlord had to hire a skip bin to remove them. The landlord paid her contractor the amount awarded for rubbish removal and cleaning.

11. The landlord also sought $1200 plus GST for lawns and garden maintenance, I have only awarded half of the amount claimed because whilst the tenants did not leave the garden and lawns in a reasonable condition, I do not consider that the amount claimed was to return the property to a reasonable condition. I consider that some of the amount claimed would have been to maintain trees and shrubs

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that were the landlord’s responsibility not the tenants. I also note that the landlord told me that this amount included repairs to the deck, I have reviewed the photographs of the property and whilst the back deck is functional at the beginning of the tenancy, it is old, and I am not able to determine with any certainty the condition of the deck before the tenancy began.

12. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. The landlord claims that the tenants erected a fence on top of the existing fence to prevent his dog from jumping the fence. The landlord provided photographs of the fence before and after the tenancy. I am satisfied that the tenants erected the fence, which needed to be dismantled at the end of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

19. The amounts ordered are proved.

20. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached

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their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

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

[NAME]

23 April 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: