Tenant ordered to pay $5,033.46 for rent arrears and damages

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[2025] NZTT 5128528

TENANCY TRIBUNAL AT TOKOROA | TE TARAIPIUNARA RETIHANGA KI TOKOROA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [COMPANY] is to pay the full bond to [COMPANY] immediately.

2. [NAME] is to pay $5,033.46 immediately, calculated as follows.

Description of Award Amount Rent arrears to 2 February 2025 $3,482.86 Cleaning and rubbish removal $345.00 Replacement key $204.75 Section maintenance $220.00 Torn flyscreen replacement $180.46 Broken lounge window $152.49 Carpet JetVac cleaning $262.50 Reinstatement of underfloor insulation (dog damage) $1,932.00 Kitchen power point repair $145.15 Glasshouse repairs $201.25 Application filing fee $27.00 Subtotal $7,153.46 Less bond –$2,120.00 Balance payable by tenant $5,033.46

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Reasons:

1. The Landlord attended the hearing.

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.

How much is owed for rent?

3. The tenancy ended on 2 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Total: $3,482.86

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

4. 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: s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

5. The Landlord has supplied photographs before and after the tenancy and oral evidence.

6. The Tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The Landlord engaged professionals to carry out a full house clean and remove rubbish from the property. The invoice provided supports the amount claimed.

Total: $345.00

7. The Tenant did not return the keys. The Landlord had a new key cut.

Total: $204.75

8. The Landlord also had to carry out section maintenance to prepare the gardens and outdoor areas for re-letting. This included weeding and clearing overgrown areas at the front and rear of the property, as well as the removal of green waste behind the glasshouse.

Total: $220.00

9. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

10. 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.

11. 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

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damage is presumed to have occurred after that date unless the tenant proves otherwise.

12. 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.

13. 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.

14. 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.

15. 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.

16. The following damage occurred during the tenancy and is more than fair wear and tear:

a. The mesh flyscreen on the front door was torn and had to be replaced. Total: $180.46

b. A lounge window was broken during the tenancy. The Tenant acknowledged liability for this.

Total: $152.49

c. The carpet was left dirty with organic material and required JetVac cleaning. Total: $262.50

d. The Tenant’s dog tore down insulation from beneath the house. The Landlord has provided a quote for reinstating the underfloor insulation. Total: $1,932.00

e. A kitchen power point was damaged and had to be repaired. Total: $145.15

f. The glasshouse suffered broken panes during the tenancy and required repairs. Total: $201.25

17. The amounts claimed are supported by evidence, and the repairs were reasonably necessary. The total amounts are awarded as claimed. The Tenant

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has not come to the hearing and so the Landlord’s evidence proceeds unchallenged.

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

19. 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.

20. Because the Landlord has succeeded in its claim I must reimburse its filing fee.

Corrigendum

21. There has been a correction of the Order to reflect the arrears as at the date of the hearing.

[NAME]

11 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: