Tenant Ordered to Pay $2,905.50 and Clean Property

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[2025] NZTT 5057688

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] As Agent For [NAME] $2,905.50 immediately, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $2,500.00 (5615094-002) to [COMPANY] As Agent For [NAME] immediately.

Description Landlord Tenant Cleaning $700.00 Lawns and Garden work $207.00 Lock/key replacement $390.00 Rubbish removal $939.50 Repairs: glass $1,242.00 Repairs: walls $1,150.00 Repairs: oven $750.00 Filing fee reimbursement $27.00 Total award $5,405.50 Bond $2,500.00 Total payable by Tenant to Landlord $2,905.50

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Reasons:

1. The landlord attended the hearing. The tenant did not.

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

3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

4. As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that:

…[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

5. I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

DID THE TENANT COMPLY WITH THEIR OBLGATIONS AT THE END OF THE TENANCY?

The law

6. 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.1

7. The term “premises” includes and land and appurtenances, other than facilities.2 The obligation to leave the premises reasonably clean and tidy applies to the inside and outside of the property.

8. “Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable.3 It does not mean commercially clean,4

1 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v). 2 Residential Tenancies Act 1986, section 2. 3 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8].

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spotless5 or to a hotel or motel standard.6 The better the premises and the higher the rent payable, the higher the standard expected.7

9. The landlord submitted photographs of the property taken at the end of the tenancy. The inside and outside of the property was left in a very poor state. Rubbish, furniture and miscellaneous items were left behind by the tenant. The property had clearly not been cleaned and the lawns were overgrown.

10. I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord submitted invoices for cleaning, rubbish removal and lawn mowing. The landlord’s claim for compensation for these items is granted for the following amounts:

a. Cleaning: $700.00

b. Rubbish removal: $939.50

c. Lawns: $207.00

11. The landlord gave further evidence that the tenant did not return the keys at the end of the tenancy. I accept the landlord’s evidence on this point. The landlord submitted an invoice for $390.00 to replace the keys and locks. I grant the landlord’s claim for compensation for this amount.

DAMAGE

12. 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.

13. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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.

4 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8]. 5 Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 6 Richards v Scully NZTT Christchurch TT858/97, 8 May 1997 at [3]; Chang v Driscoll NZTT Christchurch TT2043/98, 21 July 1998 at [6]. 7 Westwood v Western [1994] DCR 759 at [770].

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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 submitted photographs taken at the beginning and end of the tenancy. Based upon a comparison of these photographs, I find the following damage occurred during the tenancy:

a. Broken glass in a number of external and internal doors

b. Broken stovetop

c. Holes in the walls

d. Scribbles and drawings on the walls

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

20. The landlord submitted invoices for repairs and replacement of the stove. The landlord gave evidence that the stove was brand new at the beginning of the tenancy and replaced with a second-hand one.

21. The landlord’s claim for compensation for repairs and replacement of the stove is granted for the following amounts:

a. Glass: $1,242.00

b. Stove: $750.00

c. Walls: $1,150.00

22. All of the amounts ordered above are proved.

23. 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.

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FILING FEE

24. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.

[NAME]

30 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: