Tenant Ordered to Pay $7,850.40 for Damages and Arrears

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[2025] NZTT 5138229

TENANCY TRIBUNAL AT NORTH SHORE | TE TARAIPIUNARA RETIHANGA KI ŌKAHUKURA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [NAME] $7,850.40 immediately, calculated as shown in the table below.

Description Landlord Tenant Rent arrears $5,389.29 Watercare $134.78 Electricity $482.33 Cleaning $450.00 Rubbish removal $120.00 Door damage (x2) $200.00 Coffee table damage $80.00 Chair damage(x 2) $100.00 Chattels replacement $325.00 Wall repairs $100.00 Rug replacement (x4) $320.00 Replace bed topper $200.00 Replace bedroom carpet $500.00 Carpet Cleaning: bedroom $100.00 Lock/key replacement $322.00 Filing fee reimbursement $27.00 Total award $8,850.40 Minus Bond held by landlord - $1,000.00 Total payable by Tenant to Landlord $7,850.40

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Reasons:

1. The landlord attended the hearing. The tenant did not attend and was unable to be contacted on the phone number given by her in the agreement.

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 landlord rents these premises for short term stays through [NAME]. Her evidence is that because the tenant was desperate for a place to stay for a short period, the landlord agreed to this tenancy. The agreement provides for a fixed term tenancy from 6 September 2024 to 20 December 2024 at a weekly rent of $725.00.

4. The incorrect form of agreement was used. It contains terms inconsistent with the Residential Tenancies Act (“RTA”). Thinking that the agreement was for a shorter term the landlord did not lodge the tenant’s $1,000.00 bond.

5. The tenant vacated the premises on 23 December 2024 so is liable for rent to that date (see s.60 RTA). The landlord has provided rent records proving the amount owing to the end of the tenancy.

6. The agreement provides for the tenant to pay for metred water and electricity supplied to the premises. The landlord has provided Watercare and Mercury Energy invoices for the period of the tenancy, which prove the amounts owed.

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

7. 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.

8. The tenant did not return to the landlord the keys that were provided at the start of the tenancy and there is evidence, albeit hearsay, that the premises were entered, using a key, after the tenancy ended. The landlord is entitled to compensation for the cost of the locks being changed, as proved by the invoice provided.

9. End of tenancy photographs provided by the landlord show that a significant quantity of rubbish was left at the premises which needed to be disposed of and that significant cleaning was required to bring the premises to a reasonably clean and tidy condition.

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10. The sum claimed as compensation for the cost of removing and disposing of the rubbish left by the tenant is reasonable, having regard to the photographs showing the quantity of rubbish left.

11. I accept the landlord’s evidence about the amount of time (15 hours is claimed) that was required to clean the premises and bring them to a reasonably clean and tidy condition. That is consistent with the evidence. I apply a lower ($30.00 per hour) hourly rate as compensation for that work.

Is the tenant responsible for the damage to the premises?

12. 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.

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. The landlord does not have insurance for tenant/ pet damage.

15. The landlord’s evidence is that when she did the exit inspection she discovered that there was significant damage, much of it caused by a dog which the tenant had at the premises. The agreement did allow the tenant to have one small dog, of which the landlord provided a photograph. The landlord also provided a photograph of a much larger dog which was kept at the premises without the landlord’s consent.

16. That damage included stains and odours from dog faeces on carpets and the deck, staining and odours from urine on carpets in the 2 bedrooms and on throw rugs on the hard floors. The rugs, some wall areas, chairs, doors and a coffee table appear to have been chewed.

17. The landlord’s oral evidence supported by the photographs provided, satisfy me, on the balance of probabilities, that the premises were damaged as described.

18. I find it proved that the damage occurred during the tenancy and was beyond fair wear and tear. Accordingly, the landlord is entitled to be compensated for the resulting loss.

19. The landlord also says that many chattels were found to be missing at the end of the tenancy. The missing chattels are itemised in a list included with the application and provided to the tenant by the landlord after the exit inspection was done.

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20. Pre-tenancy photographs provided by the landlord and the fact that the premises were provided as [NAME] accommodation, satisfy me that as claimed by the landlord, the premises were provided fully equipped as self sufficient accommodation, with appliances, bedding, pots and pans, cutlery and crockery (6 sets of each). It is of course difficult to prove the absence of the missing items at the end of the tenancy. I have no reason to disbelieve the landlord’s evidence about the items that were provided with the tenancy but not there when the tenancy ended. The tenant was provided with the full list and has had the opportunity to challenge the landlord’s claims.

Compensation amounts

21. The landlord says that she is not insured and cannot afford to immediately replace all the damaged or missing items but needs to generate income from [NAME] hosting at the premises so in the meantime has replaced many of the items from her home, until she can afford to buy replacements.

22. The landlord’s evidence is that after several attempts at cleaning the carpet in one of the bedrooms, it was able to be brought to a reasonable condition. Compensation for that cleaning work is claimed. She says that the carpet in the other bedroom could not be recovered and had to be disposed of. The throw rugs also needed to be disposed of.

23. The claim for carpet cleaning is reasonable.

24. The landlord’s evidence is that the carpet was new shortly before this tenancy began, the landlord having laid newly bought second hand carpet herself. I am satisfied that the $500.00 claims is reasonable, for the cost of removing and disposing of the existing carpet and buying and laying equivalent carpet.

25. The landlord claims compensation of $80.00 for each of the 4 throw rugs that needed to be disposed of and replaced. Photographs provided of some of them show that is reasonable.

26. One of the chewed doors is of a more modern louvre type. Louvres have been chewed through and it will need to be replaced. The other is an older style bevelled glass door which will require sanding and repainting. The compensation claimed of $100.00 for each door is reasonable. The compensation claimed for the cost of replacing the chewed coffee table and 2 x cane chairs and for the cost or repairing the wall damage is also reasonable having regard to evidence of the damage.

27. One of the larger compensation claims is for the cost of replacing a bed topper. Having heard the landlord’s evidence about its purchase price and likely replacement cost I find that claim appropriately allows for replacement cost and depreciation.

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28. I have made a combined award for the cost or replacing miscellaneous chattels that were missing at the end of the tenancy. Those are itemised in the application and as noted, the list of those items has been sent to the tenant. The individual sums claimed are modest and appropriate.

29. [NAME] has succeeded with the claim I must reimburse the filing fee.

B King

11 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].

Reasons: