Tenant Ordered to Pay Damages and Rent Arrears

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[2025] NZTT 4955077

TENANCY TRIBUNAL AT NORTH SHORE | TE TARAIPIUNARA RETIHANGA KI ŌKAHUKURA

APPLICANT: [redacted] [NAME])

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] (Trustees: [NAME] And [NAME]) $47,784.28 immediately, calculated as shown in table below.

Description Landlord Tenant Rent arrears (28/05/24 to $567.85 Previous order application 4866381 dated 27/05/2024 $8,370.40 Lock/key replacement $619.85 Repairs: Window latches $126.54 Rubbish removal: Skip bin hire $400.00 Secure window after break in/trespass on 1 June 2024 $40.00 Repairs: Installation of window latches and secure window permanently

$200.00

Repairs: Cleaning supplies from [NAME] $313.27 Rubbish removal: Labour for rubbish removal $450.00 Cleaning: Floor $300.00 Logging of damages to the house as part of the exit inspection process

$90.00

Replace furnishings: Three new smoke alarms $121.71 Repairs: building supplies for painting and wall repairs $307.26 Repairs: Labour for cleaning and start repairs of walls and floors

$650.00

Filing fee reimbursement $27.00 Repairs: Fix holes in the walls throughout the house and repaint

$4,500.00

Cleaning: walls $195.00 Repairs: Broken draw replaced- had to be made as it was $758.00

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kauri to match the rest of the kitchen Rubbish removal: Remove heavy items left in house and in yard

$807.00

Rubbish removal: Second skip bin $394.00 Broken toilets- upstairs and downstairs $445.20 Rubbish removal: Labour to load second skip bin $695.00 Rubbish removal: Third skip bin $341.00 Cleaning: Deep clean kitchen hob and oven, extractor fan, cleaning walls and cupboards in kitchen

$385.00

Repairs: Bathroom vanity upstairs- ensuite $978.27 Rubbish removal: Of furniture thrown off patio and into stream outside

$300.00

Lawns and Garden work: Tidy lawns and gardens $385.00 Repairs: [NAME] repairs to walls and paint $3,550.00 Replace furnishings: Oven $464.00 Outside cleaning $55.18 Repairs: Electrician to install oven, light fittings $994.75 Repairs: Blinds and curtains repaired/replaced $660.00 Removed damaged blinds/curtains and rehung new ones $332.50 Paint and floor repair $192.50 Insurance excess for accepted claims- 9 claims $4,500.00 Repairs: Broken window- downstairs storage area $368.00 Lost rent- 20 weeks $15,900.00 Total award $49,784.28 Bond $2,000.00 Total payable by Tenant to Landlord $47,784.28

2. This order incorporates the Tribunal order made on 27 May 2024 under application 4866381.

3. The$2,000.00 Bond was released to the landlord in June 2024, after the tenant signed the bond release form on 1 June 2024. The bond refund is recorded in this Order as it offsets some of the debt owed to the landlord.

Reasons:

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

2. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

3. On 27 May 2024 the Tribunal made an order under application 4866381 terminating the tenancy and awarding $9,100.00 rent arrears to 27 May 2024, and reimbursing the filing fee of $20.44. The previous order is incorporated into this order for enforcement purposes. The amount still owing from this order is $8,370.40.

4. The landlord has applied for rent arrears from 28 May 2024 to 1 June 2024 (5 days), compensation for damages and reimbursement of the filing fee. The bond has been paid to the landlord after the tenant signed the bond release form on 1 June 2024.

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How much is owed for rent?

5. The tenancy ended on 1 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

6. The landlord has suffered 20 weeks lost rental income because of the intentional and careless damage done by the tenant between the 8 May 2024 inspection and the final inspection undertaken on 1 June 2024. It is of note that this damage occurred after the tenancy was ended by Tribunal Order 4899381 on 27 May 2024 and appears to have been done in response to the eviction.

7. 20 weeks lost rent has been incurred by the landlord, who has been unable to let the property again until the beginning of February 2025, due to the extensive damage done to the premise by the tenant. I am satisfied the landlord has proven it suffered the loss of 20 weeks lost rent and have made an award of $15,900.00 to the landlord.

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

8. 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.

9. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish or her belongings, including her motor vehicle, furniture, white wear and other items. None of the items had more value than the cost of storing, transporting and selling them. As such, the landlord has disposed of the extensive amounts of rubbish and belongings in three large skip bins and three trailer loads of rubbish.

10. To the best of the landlord’s knowledge, either the tenant or the Council has removed the motor vehicle from out the front of the property. Therefore no cost was incurred in disposing of the motor vehicle

11. The tenant did not return the keys, so the locks had to be changed.

12. The following chattels were missing at the end of the tenancy:

a. Light fittings;

b. Smoke alarms x 3;

c. Window handles.

13. The landlord had to replace light bulbs and smoke alarm batteries.

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14. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. The landlord produced photographs of damage done by the tenant at some time between the 8 May 2024 inspection and the 1 June 2024 exit inspection. The damage is extensive and the majority of it appears to be intentional damage. Some damage is as a result of the tenant’s careless acts or omissions, but none of the damage is fair wear and tear. The tenant has not disproved liability for any of the damage.

22. Intentional damage is as follows:

a. Hole cut in lounge floor;

b. Blocked toilets stuffed with children’s toys and other items then the tenant has used them resulting in excrement over the top of the blockages to the point the toilets had to be replaced as they could not be cleared;

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c. Urine soaked floors;

d. Damage to window where tenant broke into the house after being evicted and was trespassed;

e. Damage to sliding door where tenant broke into the house after being evicted and was trespassed again;

f. Pen/crayon writing all over the walls;

g. Random holes of varying sizes and patterns in walls throughout the premise;

h. Frame of a kauri kitchen draw damaged to the point it was not reparable and a custom made replacement draw had to be made to match the other kitchen cupboards;

i. Damage to the skirting boards and walls apart from holes.

23. Careless damage is as follows:

a. Broken window latches

b. Chips in wooden doors and cupboards;

c. Handles missing from drawers and cupboards;

d. Ensuite vanity panels damaged and a poor repair attempt made;

e. Nail gun attached shade cloth to patio railing damage not repaired;

f. Light fittings broken or removed; and

g. Blinds and curtains mouldy and broken from house not being aired out and careless use.

24. The landlord has made insurance claims for some of the intentional damage and nine of these claims have been accepted by the insurer for the floor and wall damage. The excess of $500.00 for each of these accepted claims has been awarded to the landlord.

25. The landlord has provided receipts and invoices for the remaining costs claimed that were not covered by insurance.

26. The amounts ordered are proved.

27. 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.

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Reimbursement of filing fee

28. [COMPANY] (Trustees: [NAME] And [NAME]) has wholly succeeded with the claim I must reimburse the filing fee.

[NAME]

20 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: