Tenant ordered to pay $7,794.03 for rent arrears and damages

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[2025] NZTT 4959436, 4917436

TENANCY TRIBUNAL AT MASTERTON | TE TARAIPIUNARA RETIHANGA KI WHAKAORIORI

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [NAME] $7,794.03 immediately, calculated as shown in table below, immediately.

Description Landlord Rent arrears $6,000.00 Cleaning $1,201.75 Repairs $1,000.00 Window repairs $218.79 Lock/key replacement $278.99 Curtain replacement $133.50 Advertising cost $50.00 Travel $684.00 Filing fee reimbursement $27.00 Total award $9,594.03 Minus bond -

$1,800.00 Total payable by Tenant to Landlord $7,794.03

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2. The tenants application is dismissed as it has not been prosecuted.

REASONS

1. The Tribunal must consider applications filed by both the landlord and tenant.

2. Only the landlord appeared at the hearing. I am satisfied that the tenant has been properly notified of the hearing, and therefore I will proceed to consider the claim in his absence.

BACKGROUND

3. The Tenancy agreement has been provided, recording the landlord as [NAME] and the tenant [NAME].

4. The tenancy is a fixed term tenancy agreement between 30 September 2023 and 29 September 2024.

5. By consent of the parties the tenancy ended early. 6. At the end of the tenancy, both parties filed claims against each other. 7. A hearing was initially scheduled for September 2024, but adjourned as the

tenant was unwell. 8. The hearing was then scheduled before myself on 20 December 2024. It is

the case that neither party attended that hearing. However, late the day prior the landlord had requested an adjournment on the basis of a bereavement. I directed the hearing be rescheduled, noting in my order that:

I note that this is the final adjournment that will be granted. The parties will need to appear at the next hearing or apply for a representative to appear on their behalf.

9. A third hearing was scheduled today in Masterton. Only the landlord appeared. No communications have been received from the tenant. In the circumstances I am satisfied that the tenant has been properly notified of the hearing, so I will proceed to consider the matter in his absence.

LANDLORDS CLAIMS

10.At the hearing, the applicant confirmed his claims are as follows: a. Rent arrears b. Cleaning c. Repairs and compensation

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d. Reletting fees e. Travel

RELEVANT LEGAL CONSIDERATIONS

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

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

13.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 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 likely.

14.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.

ANALYSIS

LANDLORDS CLAIMS

15. I have set out the landlords claims above and will consider those in turn.

Claim 1 – Rent arrears

16.The landlord states that the tenancy was a fixed term tenancy to 29 September 2024. An agreement was reached for the tenants to move out early. However the landlord states they could not rent the tenancy because of a cat urine smell in the premises, and other work being needed, However the landlord states that the tenant in the front house moved into the tenancy on 30 August 2024, and the landlord seeks the rent arrears for the premises to that date, being $6,000.00.

17.The landlord seeks a further amount of one weeks rent, $600.00 because there was an agreement that the tenant would remove soil from the premises for the ‘fee’ of one week’s rent, but as the tenant did not do that work.

Analysis

https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM94278.html?src=qs

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18.The tenant is liable for paying rent until the end of the fixed term period, or another tenant takes over the tenancy, which in this case was 30 August 2024. I agree with the landlords calculation of rent arrears as of that date being $6,000.00 based on the rent ledger.

19. I find the tenant is also liable for the weeks rent that was credited on the basis of services to be rendered, that was removing the mound of soil. Rent is defined in the RTA as including goods and services, and given the tenant did not undertake the agreed service, is must reimburse that first week of rent to the landlord.

20.The tenant therefore owes rent arrear of $6,600.00.

Claim 2 – Cleaning

21.The landlord states that when the [NAME] left the premises, they had contracted a cleaner, who removed some 20 bags of rubbish, but then did not finish the job because they did not think the tenant was going to pay them.

22.The landlord incurred a charge of $1,201.75 for further cleaning as supported by an invoice from [NAME] setting out the work undertaken.

Analysis 23.At the end of the tenancy the tenant must return the premises reasonably

clean and tidy. I have considered the photographs provided showing the tenancy as it was returned to the landlord, and I am confident and concluding it was far from a reasonably clean and tidy standard. The cleaning claim seems reasonable given the work that would have been needed to return the premises to the necessary dates. This claim is ordered in full.

Claim 3 – Repairs and compensation

24.The landlord claims $1,000.00 for wide ranging repairs at the tenancy including:

a. Repair of holes in walls. b. Plastering and repainting. c. Repair hole in door. d. Repair wallpaper. e. Repair windows frames and catches. f. Remove children’s drawing on walls. g. Removal of chicken coup.

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25.The landlord also claims for a window repair of $218.79. This is supported by an invoice from a glazier. The window was broken at the end of the tenancy, and not broken at the start of the tenancy. The landlord states that the tenants did not explain what happened.

26.The landlord also seeks cost for lock replacement. 6 keys were provided to the tenant only 1 key was returned. The locksmith’s cost was $278.99.

27.The landlord claims cost to replace curtains. The curtains were damaged from cats in the house. The landlord estimates the original curtains were about 5 years old.

Analysis 28.With any compensation claim, to receive an order the party must incur a

loss. In short, the compensation is intended as best money can do, to compensate for the actual loss incurred.

29.Where a landlord claims compensation for damage caused by a tenant, the landlord must first prove the damage 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.

30.Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.

31.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.

32.Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional when a person does something, or allows a situation to continue, knowing that damage is a certainty. See the High Court decision of Guo v Korck [2019] NZHC 1541.

33. In this case, I am satisifed that there is widespread damage throughout the tenancy. This is consistent with the photographs. I am satisfied this damage occurred during the tenancy, and is not fair wear and tear. The tenant has not proven the damage is anything other than careless or intentional damage. The claim for the general damage and window repairs is ordered in full.

34. In terms of the curtains, I am satisfied that they were damaged by the tenants from cat damage. The replacement cost was $356.00. The landlord reports that the curtains were about 5 years old. The Inland Revenue Depreciation Guides (IR 265) record that the expected useful Life of curtains in a residential tenancy, is eight years, therefore the curtains in these premises had about three years of life remaining. I therefore order the tenants to pay a contribution towards the carpet replacement of that proportional amount, being $133.50.

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35.At the end of the tenancy, the tenant must return all keys. When the tenant does not do that, then the landlord is able to change the locks, and the tenant will be liable for that replacement cost. The lock change cost of $278.99 is ordered in full.

Claim 4 – Reletting

36.The landlord advertised the premises on [NAME], at a cost of $249.00.

Analysis 37. I find the tenant must be responsible for a contribution of the advertising

cost. The parties agree to end the fixed term tenancy around three months early. However, I am also mind that if the tenancy was not to continue as a fixed term tenancy, then normally a landlord would be advertising within the final month of the fixed-term period. Taking that into account, I have concluded it would be reasonable for the tenants to make a contribution of $50.00 toward the re-advertising costs.

Claim 5 – Travel

38.The landlord seeks travel reimbursement for six trips to the tenancy, at the sum of $114 per trip. The landlord bases that amount on the IRD travel guidelines. The claim therefore is $684.00.

Analysis 39. I cannot see any reason not to order this amount. I accept that the landlord

travelled to the premises to address work that was needed as a consequence of the tenant’s breaches. This claim is ordered in full.

BOND 40.The landlord confirmed that he is still holding the bond of $1,800.00, so that

is deducted from this order as a credit.

FILING FEE

41.Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal.

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TENANTS CLAIMS

42.The tenant did not appear at the hearing, so his claim is dismissed.

[NAME]

28 March 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].