Tenant ordered to pay $7,764.71 for damages and arrears

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[2025] NZTT 5057369

TENANCY TRIBUNAL AT PORIRUA | TE TARAIPIUNARA RETIHANGA KI PORIRUA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] For [COMPANY] $7,764.71 immediately, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $2,200.00 (5168319-006) to [COMPANY] For [COMPANY] immediately.

Description Landlord Tenant Rent arrears to 19/9/24 $2,950.00 Window repairs $189.75 Repairs: laundry floor replace $230.00 Carpet Cleaning $445.34 Repairs: holes in walls & wall damage $1,100.00 Repairs: damaged side fence $2,360.00 bailiff $258.00 Lock/key replacement $422.62 Cleaning $600.00 Rubbish removal $319.00 Lawns and Garden work $120.00 packing possessions $300.00 previous application fee $27.00 Filing fee reimbursement $27.00 Repairs: carpet $616.00 Total award $9,964.71 Bond $2,200.00 Total payable by Tenant to Landlord $7,764.71

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Reasons:

1. The landlord attended the hearing represented by [NAME]. There was no appearance for the tenant. I am satisfied that he has been served with the notice of hearing, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.

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 19 September 2024 by the execution of an eviction warrant. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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. See section 40(1)(e)(ii)-(v) RTA.

5. The landlord has proven that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys. The property was left fairly dirty and with all belongings in the home. The owner had to go through the items and sort them into rubbish and personal belongings. They attempted to arrange for the tenant to collect his belongings, but he did not do so until some months later when he collected his small personal items only.

6. The owner tried to arrange for second hand shops to collect some items but there was nothing of value. They therefore were put to the cost of disposing of the remaining items. The carpets were heavily stained and the lawn had not been mown.

7. Having considered the evidence carefully, I am satisfied that the amounts ordered are proven in evidence and reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

8. The landlord seeks compensation for having the following damage repaired:

a. A broken window.

b. The laundry floor had been damaged to the extent that it required replacing.

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c. The carpet had to be patched in some areas due to excessive staining.

d. There was wall damage by the front door and holes in the walls throughout the property.

e. The side fence had been driven through by the tenant’s child.

9. To be successful in such a claim, the 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 income-related rent). See section 49B(3)(a) RTA. The insurance excess was $1000 however none of the damage was accepted by the insurance company as covered.

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). The weekly rent was $590.

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. Having considered the evidence, I make the following findings:

a. The landlord has proven that all the damage was caused during the tenancy and exceeds fair wear and tear.

b. The tenant is liable for the cost of repairing the broken window which appears to be careless damage and is below the s49B cap.

c. The tenant is liable for the cost of replacing the laundry floor. This damage appears to be careless damage as it looks like water has been allowed to

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sit on the floor for a considerable period. I have reduced the amount claimed to account for depreciation.1

d. The tenant is liable for the cost of repairing the carpet which appears to be careless damage and is below the s49B cap. The carpet damage is heavy stains from tattoo ink predominantly.

e. There was wall damage by the front door and holes throughout the property in the walls which I find to be intentional damage. Accordingly, the tenant is liable for the repairs. I have reduced the amount slightly to account for depreciation of the paintwork.

f. The side fence had been driven through by the tenant’s child which is careless damage. The insurance company would not cover this cost therefore according to the s49B cap, the tenant is liable to the amount that is four times the weekly rent which comes in under the actual cost the landlord was put to.

15. [COMPANY] For [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.

[NAME]

26 March 2025

1 Depreciation is linked to the concept of betterment. Everything is subject to wear and tear and will need to be replaced in time. Where an item has to be replaced as a result of tenant damage, this hastens the process. If the damaged item is replaced with a ‘better’ item, compensation is adjusted to reflect that.

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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].