Tenant Ordered to Pay $29,937 for Damages and Non-Compliance

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[2025] NZTT 5008608, 5073370

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] and [NAME] must pay [COMPANY] $29,937.19 immediately, calculated as shown in table below.

2. This order incorporates the Tribunal order made on 17 January 2025 under application 5008608 5073370.

Description Landlord Tenant Previous order application 5008608 dated 17/01/2025 $24,709.25 Rubbish removal $920.00 Repairs: wall damage in bedroom $850.00 Lock/key replacement $632.50 Repairs: drainpipe and weatherboard $805.00 Accelerated depreciation: carpet replacement Reimbursement of the filing fee

$2,000.00 $20.44

Total award $29,937.19 Total payable by Tenant to Landlord $29,937.19

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Reasons:

1. The landlord attended the hearing represented by [NAME].

2. The tenants did not attend and did not answer the calls made to their phones during the hearing. They had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in their absence.

3. The landlord has applied for compensation following the end of the tenancy and to incorporate the previous Tribunal order.

4. On 17 January 2024 the Tribunal made an order relating to this tenancy, for rent arrears and water rates arrears. The previous order is incorporated into this order for enforcement purposes.

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) RTA.

6. The landlord has established in evidence that the tenants did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys. In fact, the house was left considerably dirty and damaged with a number of belongings discarded.

7. Accordingly, the amounts ordered are proven in evidence and considered reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

8. The landlord claims compensation for having to repair damages to the wall in one bedroom, replace the carpet for extensive damage throughout and repair a section of the drainpipe and cladding which had been smashed.

9. To be successful in such claims, 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

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income-related rent). See section 49B(3)(a) RTA. The insurance excess is $550 and the weekly rent was $890.

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 (the s49B cap).

12. 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.

13. 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.

14. I am satisfied that the landlord has proven in evidence that the damage was caused during the tenancy and is in excess of fair wear and tear. The damage outside could have only been caused by the use of excessive force, likely a car driving into it. The carpets are damaged extensively throughout the house by ripping (likely dog damage), cigarette burns, considerable staining and marks. The damage to the wall is significant.

15. On the evidence I consider the majority of the damage occurred intentionally and some carelessly, for example the carpet damage was so extensive it must have occurred over a significant period and the burns were likely inflicted intentionally given the number. The damage to the drain piping may well have occurred by the careless use of a car in the space.

16. Accordingly, the amounts ordered are proven in evidence and considered reasonable in the circumstances.

17. I have reduced the amount claimed for the wall damage slightly to allow for betterment and depreciation of paintwork. 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 that the walls were painted just prior to this tenancy.

18. Regarding the carpets, the landlord has not yet had them replaced given the extended cost involved ($10,315.50) and the damage is not covered by their insurance. I accept on the evidence that they are no longer usable and as such they will have to be removed and replaced by some form of flooring. The cost of removal alone is $920.

19. I must also consider that the carpets were 8 years old and the expected lifespan of carpets in New Zealand residential properties is 10 years. Taking

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into account all factors, I find that an award of $2000 (which is less than the s49B cap) is justified in the circumstances. The tenants have damaged the carpet throughout the large home to an extent they are unusable, and they were in otherwise good condition at the commencement of the tenancy.

20. Because the landlord was wholly successful with their claim, I approve reimbursement of the filing fee.

[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: