Tenant Ordered to Pay $2,853.22 for Damages and Unpaid Bills

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[2025] NZTT 5152531

TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] to pay [COMPANY] $2,853.22 from the bond, calculated as shown in table below.

Description Landlord Tenant Water rates to end of tenancy $576.22 Carpet Cleaning $190.00 Cleaning $180.00 Rubbish removal: Insurance excess $400.00 Replace garage remote $280.00 Paintwork insurance excess $400.00 Carpet replacement bedrooms 2 and 3 – excess x2 $800.00 Filing fee reimbursement $27.00 Total award $2,853.22 Bond $2,853.22 $146.78

Reasons:

1. Only the applicant landlord attended the hearing. The landlord was represented by [NAME] of [COMPANY]. There was no appearance for the tenant.

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2. The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

3. This tenancy began in March 2024 and ended on 6 December 2024.

How much is owed for water rates?

4. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy in the sum of $576.22. The landlord advised that the tenant paid no water during the tenancy. The amount is ordered as sought.

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 in particular the kitchen floor, walls, shower and carpet reasonably clean and tidy and did not remove all rubbish.

7. The tenant did not return the garage remotes.

8. The amounts ordered are proved. Photographs and invoices for have been provided. The landlord only seeks reimbursement of the half of the cleaning invoice as additional cleaning was requested by the landlord.

Is the tenant responsible for the damage to the premises?

9. 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.

10. 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.

11. 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.

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12. The following damage was caused during the tenancy: damage to paintwork and ink damage to carpet in bedrooms two and three. The landlord provided before and after photographs proving that the damage occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has insurance for the damage and seeks reimbursement for the excesses for three claims at $400 each and these amounts are ordered.

13. The landlord also sought compensation for damage to exterior plaster, but no photo taken before the damage was provided so this was not proved. The landlord sought compensation for damage to a stairway light but no evidence of the cost to remedy was provided. Accordingly, these claims are dismissed for lack of evidence.

14. 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 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. The landlord advised that this was a brand new premises at the beginning of the tenancy and the tenancy lasted for less than nine months.

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

G Guptill

09 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: