Tenant Ordered to Pay $2,976 for Various Charges and Damages

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[2025] NZTT 5006145

TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]

ORDER

1. Further service on the tenant is dispensed with.

2. [NAME] must pay [COMPANY] $2,976.04 immediately, calculated as shown in table below.

Description Landlord Tenant Previous access card charges $42.00 Rubbish removal (by cubic metre) $2,270.55 Repairs to kitchen cabinet door $155.60 Specific cleaning of rangehood $52.04 Cleaning $455.85 Total award $2,976.04 Total payable by Tenant to Landlord $2,976.04

Reasons:

1. Only the landlord attended the hearing which was held by phone. The landlord was represented by [NAME]. Calls to the number provided for the tenant went unanswered.

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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.

3. The tenancy began on 18 July 2022 and ended on 1 July 2024.

4. The landlord’s claim was filed more than two months following the end of the tenancy (16 September 2024), and so the usual service rules do not apply (see section 91A Residential Tenancies Act 1986).

5. I have made an order dispensing with service on the tenant (section 91B RTA) as I am satisfied that all reasonable efforts have been made to serve the landlord’s claim and that this claim is likely to have been brought to the tenant’s attention because:

a. On 18 June 2024 the tenant advised that she was leaving the tenancy and provided a forwarding physical address in writing including a contact email address;

b. The tenancy ended on 1 July 2024;

c. On 29 July 2024 the landlord wrote to the tenant at the physical address provided by the tenant on 18 June 2024 setting out the claim as filed;

d. This application has been served at the email address provided by the tenant at the email address provided by the tenant on 18 June 2024.

How much is owed for rent and related charges?

6. The landlord’s claim originally included a claim for rent but the sum was so small (less than one dollar) that at the hearing the landlord withdrew the claim for rent.

7. The landlord had however recorded an outstanding charge of $42.00 against the tenant’s ledger for an access event that occurred on 20 February 2024. This charge was recorded to provide access to the tenant as they were locked out/did not have their access card.

8. I am satisfied that this amount was incurred by the tenant and has not been paid by the tenant so order payment of this amount.

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

9. 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.

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

11. The landlord provided both entry and exit inspection photos.

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12. The exit inspection photos show that the property was not left reasonably clean and tidy. In particular, there were a large number of items left behind (in the wardrobes, kitchen cupboards and bathroom) all of which needed to be removed for cleaning and there was significant staining to the carpet. The rangehood was caked with grease and so required additional cleaning.

13. The landlord produced an internal invoice for cleaning in the amount of $455.85 and for the rangehood in the amount of $52.04. I am satisfied that the amounts claimed are reasonable and so order payment of both amounts.

14. The landlord referred me to various photos of the exit inspection report in support of their claim for rubbish removal. These photos showed a large amount of goods left behind including:

a. Inside the house: couch, tv cabinet, fridge, radio, sofa frame, temporary kitchen shelving, microwave, side drawers, double/queen bed, drawers, clothes hanging in wardrobe and in plastic cartons, mirror, bathroom and laundry items and various miscellaneous items; and

b. Outside the house on deck: large fold out sofa bed, bed base and frame, a large pile of various broken furniture (stacked), outdoor folding chair and various miscellaneous items.

15. The landlord produced an internal invoice for cleaning in the amount of $2,270.55. I was advised that rubbish removal is charged on a cubic metre basis. I am satisfied that the rubbish removal charges are reasonable and so order payment of the amount claimed.

Is the tenant responsible for the damage to the premises?

16. 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.

17. 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.

18. 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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19. 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.

20. 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.

21. Following the end of the tenancy the landlord found that one of the kitchen cabinet cupboards had been removed. The landlord produced an internal invoice in the amount of $155.60 for the repair. Having reviewed the ingoing and outgoing inspection photos I am satisfied that the damage occurred during the tenancy and is more than fair wear and tear. This claim is proved.

[NAME]

11 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: