Tenant Ordered to Pay $483.07 for Damages and Water Rates

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[2025] NZTT 5062129

TENANCY TRIBUNAL - Video Location

APPLICANT: [redacted] Agent For [NAME]

Landlord

RESPONDENT: [redacted]

Tenant

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

ORDER

1. [NAME] and [NAME] must pay [COMPANY] [NAME] As Agent For [NAME] $483.07 immediately, calculated as shown in table below.

2. [COMPANY] is to pay the bond of $2,160.00 (6196013-002) to [COMPANY] [NAME] As Agent For [NAME] immediately.

Description Landlord Tenant Window repairs: Insurance excess $500.00 Insurance excess on carpet claim $1,500.00 Water rates $616.07 Filing fee reimbursement $27.00 Total award $2,643.07 Bond $2,160.00 Total payable by Tenant to Landlord $483.07

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Reasons:

1. Both parties attended the video hearing on 29 January 2025.

2. The tenancy commenced on 20 September 2022 and ended on 29 September 2024.

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

4. The relevant law is found in the Residential Tenancies Act 1986 (“RTA”).

5. As with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That means that it is for the party bringing the application to establish their claims “on the balance of probabilities.” That means that in this case, the landlord must establish that what they are claiming is more likely than not.

6. The term “balance of probabilities” means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is more likely. I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely.

7. The obligation to show that something is more likely than not is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs may be an important part of discharging this burden. Ultimately however, it is for the party making the application to decide what evidence to put before the Tribunal.

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8. As noted in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that:

“ like 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 or 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.” (the emphasis is mine).

8. The landlord seeks compensation for water rates of $616.07 and provided copies of the invoices in support. The tenant did not provide evidence to the contrary and the claim is proven.

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 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.

11. 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. The landlord is insured. The policy of insurance carries an excess of $500.00 on each and every claim.

12. 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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13. 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.

14. 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.

15. The following damage was caused during the tenancy:

16. The landlord says that an internal glass wall was damaged by the tenant as the tenants were moving out of the premises. The landlord seeks $500.00 for the repair, this being the insurance on the claim. The actual cost of repair exceeded $500.00. The tenant accepted responsibility for the damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claim is proven.

17. The landlord said that during the tenancy, the carpet was stained in a number of areas including the lounge, living room and bedroom. The cost to replace the carpet was shown in an invoice at $3,162.00. The carpet was approximately six years old at the end of the tenancy.

18. The landlord has made three separate claims under his insurance policy for the separate areas of damage. The claims have been accepted by his insurer and accordingly the landlord’s claim against the tenant is limited to $1,500.00, being the three applicable excesses.

19. The tenant said that he offered to carry out the work himself. There is no obligation on a landlord at allow the tenant to complete repair work. The landlord evidence shows that the damage occurred during the course of the tenancy and was more than fair wear and tear. The tenant evidence was not such that liability was disproved. The claim is proven.

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20. As [COMPANY] [NAME] As Agent For [NAME] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

[NAME]

19 February 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: