Tenant Ordered to Pay $540.75 for Damages and Cleaning Costs

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[2025] NZTT 5166549

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

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

ORDER

1. [NAME] must pay [COMPANY] As Agents For [NAME] $540.75 immediately, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $1,600.00 (3038216-019) to [COMPANY] As Agents For [NAME] immediately.

Description Landlord Tenant Carpet Cleaning $163.00 Cleaning $150.00 Repairs: Painting due to smoke damage (reduced) $1,940.75 Heat pump compensation $140.00 Filing fee reimbursement $27.00 Total award $2,280.75 $140.00 Net award $2,140.75 Bond $1,600.00 Total payable by Tenant to Landlord $540.75

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Reasons:

1. Both parties attended the hearing via remote teleconference.

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

3. Before I address the specific claims, I will summarise some general legal principles that apply.

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

5. With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.

6. That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, 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 likely.

7. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

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

… [L]ike 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

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

10. The landlord claims that the tenant did not leave the premises reasonably clean and tidy. They also claim that the tenant was responsible for some carpet stains at the end of the tenancy.

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11. The landlord provided photographic evidence in support of these two claims. The evidence provided confirmation of mould on the bathroom ceiling and other areas of the premises where further cleaning was required. The shower also required cleaning. I have also sighted the paid invoice expense claims as provided with the application.

12. Having regard to the evidence provided I am satisfied that the tenant did not leave the premises in a reasonably clean and tidy condition at the end of the tenancy. The amounts claimed are reasonable.

13. The amounts ordered for cleaning and carpet cleaning are proved.

Is the tenant responsible for the damage to the premises?

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. The landlord claims that the tenant was burning incense inside the premises which caused staining on the ceiling and walls of the kitchen, lounge and

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bedrooms. This was brought to the attention of the tenant by emails from the landlord dated 14 December 2022 and 2 October 2023. The landlord provided entry and exit inspection reports along with an invoice from [COMPANY].

21. The amount claimed for painting is reflected in an email from the painters dated 20 January 2025. The email estimates repairs to the lounge, kitchen and both bedroom walls and ceilings to be $2587.50 (including GST).

22. The landlord’s exit inspection report dated 16 December 2024 records as follows:

a. lounge ceiling, walls and windows: smoke damage

b. Kitchen: smoke damage to ceiling

c. Bedroom 1: Smoke damage to ceiling, walls and windows

d. Bedroom 2: Mould damage only

23. I have carefully considered the evidence filed by the landlord and find the tenant is responsible for the painting invoice relating to smoke damage for the lounge, kitchen and bedroom one. The evidence provided does not satisfy me on the balance of probabilities that the tenant should be liable for the painting costs in respect of bedroom two which related to mould and not smoke.

24. Accordingly, I reduce the painting claim of $2587.50 by one quarter to $1940.75. I also deduct the heat pump compensation amount of $140.00 from the total award.

25. [COMPANY] As Agents For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.

[NAME]

21 May 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: