Tenant ordered to pay $5,920.71 for rent arrears and damages

__________________________________________________________________________________ 5171212 1

[2025] NZTT 5171212

TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] and [NAME] must pay [COMPANY] and [COMPANY] $5,920.71 immediately, calculated as shown in table below.

Description Landlord Tenant Rent arrears to and including 16 February 2025 $6,750.00 Cleaning $430.10 Lawns and Garden work $367.67 Floor repairs $225.69 Wal repairs $431.25 Washing line repairs $49.00 Filing fee reimbursement $27.00 Bond received by landlord $2,360.00 Total award $8,280.71 $2,360.00 Net award $5,920.71 Total payable by Tenant to Landlord $5,920.71

Reasons:

1. [NAME] attended the hearing for the landlord. The tenants did not attend.

__________________________________________________________________________________ 5171212 2

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

How much is owed for rent?

3. The tenancy ended on expiry of the fixed term on 16 February 2025. The landlord provided rent records which, together with [NAME]’s oral evidence, proves the amount owing.

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

4. The tenant did not leave the premises reasonably clean (including the carpets and oven), and did not leave the lawns and gardens reasonably tidy as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

5. The amounts ordered are proved by the production of invoices.

Is the tenant responsible for the damage to the premises?

6. To be successful in a claim for damage to the premises, the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the remises with their permission, did not carelessly or intentionally cause or permit the damage sections 40(2)(a), 41 and 49B of the Act.

7. The following damage was caused during the tenancy: the floor was damaged by groves being scoured into the wooden planks; there was a hole in the master bedroom wall; and the washing line bracket was broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for it.

8. The amounts ordered are proved by the production of invoices.

9. The landlord has been successful in its claims and is therefore entitled to payment of the Tribunal application fee.

R Merrett

12 May 2025

__________________________________________________________________________________ 5171212 3

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/

__________________________________________________________________________________ 5171212 4

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: