Tenant Ordered to Pay Costs for Non-Compliance with End-of-Tenancy Obligations

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[2025] NZTT 5179291

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] and [NAME] must pay [COMPANY] - [NAME] $1,385.00 immediately, calculated as shown in table below.

Description Landlord Tenant Cleaning, rubbish removal and lawnmowing $522.00 Replace furnishings: curtain netting $70.00 Lock/key replacement $146.00 Repairs to walls and power sockets $620.00 Filing fee reimbursement $27.00 Total award $1,385.00 Total payable by Tenant to Landlord $1,385.00

Reasons:

1. The landlord attended the hearing. The tenant did not.

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

3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

4. As noted by the District Court in Katipo 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 of 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.

5. I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

DID THE TENANT COMPLY WITH THEIR OBLIGATIONS AT THE END OF THE TENANCY?

6. 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.1

7. The term “premises” includes “any land and appurtenances, other than facilities”2. Therefore, the requirement to leave the premises reasonably clean and tidy relates to both the inside and outside of the premises.

8. The landlord seeks compensation for the following items:

a. Cleaning, lawnmowing and rubbish removal: $522.00

b. Replace curtain netting: $70.00

c. Replace keys/locks: $146.00

9. The landlord submitted invoices the above amounts.

1 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v). 2 Residential Tenancies Act 1986, section 2.

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10. I deal with each issue in turn below.

Cleaning, lawnmowing and rubbish removal

11. The landlord submitted photographs taken at the end of the tenancy. These photographs show the tenant left behind some rubbish and personal belongings at the end of the tenancy. They also show the lawns are overgrown.

12. On the basis of the photographs taken at the end of the tenancy, I find the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

13. The landlord’s claim for compensation of $522.00 to clean the premises, mow the lawns and remove all rubbish is granted.

Replace curtain netting

14. The landlord gave evidence that curtains and netting were provided by the landlord to the tenant at the beginning of the tenancy. The landlord claims that netting was missing from the windows in bedroom 3 at the end of the tenancy.

15. The landlord submitted photographs of bedroom 3 taken at the beginning and end of the tenancy. The photographs taken at the beginning show netting is present on the windows. The photographs taken at the end show the netting is missing.

16. On the balance of probabilities, I find that netting was provided by the landlord as a chattel for the tenant’s benefit at the beginning of the tenancy and was not returned at the end.

17. The landlord’s claim for compensation of $70.00 to replace the netting in bedroom 3 is granted.

Key/lock replacement

18. The landlord gave evidence that the tenant did not return the keys at the end of the tenancy. In the absence of any evidence to the contrary, I accept the landlord’s evidence on this point.

19. The landlord has had the keys and locks replaced at a cost of $146.00. The landlord’s claim for compensation for $146.00 is granted.

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DAMAGE

20. 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.3

21. The landlord gave evidence that the following damage occurred during the tenancy:

a. Holes in the wall in the hallway

b. Broken power points in the kitchen and lounge

c. Scratched bathroom doorframe

22. The landlord submitted photographs taken at the beginning and end of the tenancy. The photographs taken at the beginning of the tenancy do not show any holes in the walls. In comparison, the photographs taken at the end of the tenancy show a hole in the wall in the hallway.

23. The landlord did not submit any photographs of the bathroom door at the end of the tenancy, but gave evidence that the tenant kept at least one dog at the premises. The landlord gave evidence that the bathroom doorframe was heavily scratched and suspects that the tenant’s dog was locked in there at one point and scratched the doorframe.

24. The landlord also gave evidence that a power socket in the kitchen and lounge were broken.

25. In the absence of any evidence to the contrary, I accept the landlord’s evidence in respect of the damage sustained to the bathroom doorframe and power points in the kitchen and lounge.

26. On the basis of the photographs submitted and evidence given at the hearing, I find the following damage occurred during the tenancy:

a. Hole in the hallway wall

b. Broken power points in the kitchen and lounge

c. Scratched bathroom doorframe

27. The damage is more than fair wear and tear and the tenant has not disproved liability.

28. The landlord’s claim for compensation of $522.00 to repair the above damage is granted in full.

3 Residential Tenancies Act 1986, sections 40(2)(a), 41 & 49B.

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29. The invoice submitted by the landlord included an additional cost of $106 for what is described as “damage to store, replacement items”. The landlord was unable to confirm what this description related to at the hearing. Therefore, I decline to order the tenant to compensate the landlord for this cost.

30. The amounts ordered above are proved.

31. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

FILING FEE

32. [COMPANY] - [NAME] has wholly succeeded with the claim I must reimburse the filing fee.

L Ryken

09 June 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 [NAME] 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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: