Tenant ordered to pay for damages and services

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[2025] NZTT 5086368

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $3,590.50 immediately, calculated as shown in table below.

Description Landlord Tenant Skip bin hires $350.00 x 3 $1,050.00 Reglaze living room window $779.67 Replace heat pump remote $202.94 Rubbish removal: exterior and interior $822.99 Repairs: patch and stop holes x 4 in bedroom 4 $286.56 Repairs: patch and stop 4 holes in living room $286.56 Replace wardrobe rail $65.33 Lawns and Garden work: mow lawns $96.45 Total award $3,590.50 Total payable by Tenant to Landlord $3,590.50

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Reasons:

1. [NAME], representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 993, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in her absence.

2. The landlord has applied for compensation following the end of the tenancy. The landlord withdrew claims to reglaze broken windows, reglaze a lounge window, to replace a towel rail and to replace a cabinet drawer and cupboard.

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

3. 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.

Rubbish removal

4. The landlord said the tenant did not remove all rubbish. The landlord provided copies of an Ingoing Inspection Report dated 10 July 2019 and an Outgoing Inspection Report dated 10 October 2024, both with photographs of the property.

5. The landlord showed there was rubbish left both inside the property and outside. There was significant rubbish left in the outside shed, and other items left outside the house, as well as a number of rubbish items and bunk beds that had to be removed and disposed of by the landlord. The landlord claimed $656.48 to remove and dispose of the rubbish outside the property in a 4 cubic metre bin, and $166.51 to remove the inside rubbish and dispose of it in a 1 cubic metre bin. I find the landlord has proved their rubbish removal claims and that the amounts claimed are reasonable, given the evidence provided. As such, I award the landlord a total of $822.99 to remove and dispose of rubbish inside and outside of the property.

Lawns

6. The landlord said the tenant did not mow the lawns at the end of the tenancy and provided photographs showing the lawn overgrown. The landlord claimed $96.45 for mowing the lawns at the property, which I find is reasonable given the evidence. So I award $96.45 to the landlord for mowing the lawns.

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Skip bins hire

7. The landlord said that, during the tenancy, at the tenant’s request, and understood by the parties to be at the tenant’s cost, they hired and provided 9 cubic metre skip bins on three occasions – on 15 May 2021, on 9 October 2022 and on 10 August 2023 – on behalf of the tenant for her to clear her excess rubbish and goods, and she did not pay the landlord for them. The landlord provided work order slips confirming the 3 skip hires and had agreed with the tenant to charge her $350.00 for each skip hire, which was lower than the actual cost. I find the landlord has proved this claim and so award the landlord a total of $1,050.00 for 3 skip hires on behalf of the tenant.

Heat pump remote

8. The landlord said the tenant also requested a replacement heat pump remote during the tenancy, indicating that her children had lost it, and said she would pay for the replacement. The landlord provided a new heat pump remote at a cost of $202.94 but said the tenant did not pay them for this. The landlord has proved this claim, with a work order slip confirming the replacement remote ordered and the amount claimed. Therefore, I award the landlord $202.94 to replace the heat pump remote.

9. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

10. 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.

11. 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.

12. Where the damage is caused carelessly, and is covered by the landlord's [NAME], the tenant's liability is limited to the lesser of the [NAME] 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.

13. Where the damage is careless and is not covered by the landlord's [NAME], the tenant's liability is limited to four weeks' rent (or market rent). See section

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49B(3)(b) RTA. Where [NAME] 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. 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.

15. 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.

16. The landlord said the following damage was caused during the tenancy:

Reglaze living room window

a. The living room window was broken by the tenant’s children and had to be reglazed during the tenancy. The landlord said the tenant had agreed to pay for this repair. The landlord said the window replacement was for double-glazed windows, which had been there before, so it was a like-for- like repair. This occurred on 18 March 2024 according to the landlord. I find this to be likely careless damage on the tenant’s part. As such, the tenant is liable for the cost, bearing in mind depreciation and the section 49B RTA cap.

b. The landlord claimed $779.67 to reglaze the window, which I find to be reasonable given the evidence provided. The market rent for the premises in the Tenancy Agreement is $376.00 per week, with an income-related assessed rent of $113.00 per week, which was the rent paid until the end of the tenancy. As such, the amount claimed by the landlord of $779.67 to reglaze the window does not exceed the cap in section 49B(3)(a)(i) RTA. I do not consider depreciation as only the window was replaced on a like-for- like basis, not the entire window frame or structure. Therefore, I award the landlord $779.67 to reglaze the living room window.

Wardrobe rail

c. The landlord said a wardrobe rail was missing from a bedroom wardrobe at the end of the tenancy. The landlord pointed to a photograph of the wardrobe rail present during the Ingoing Inspection Report and a photograph of the wardrobe with its rail missing at the end of the tenancy. I find this to be intentional damage on the part of the tenant and so the tenant is liable for the full cost of replacement.

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d. The landlord claimed $65.33 to replace the wardrobe rail and confirmed a work order in this amount for the rail. I find this to be a reasonable cost, given the evidence.

e. 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.

f. The landlord said the wardrobe rail came with the property, which was a newer build around 2015. So, the wardrobe rail was likely around 9 years old at the end of the tenancy.

g. Current depreciation guidelines estimate that the life of a wardrobe in a rental property is around 15 years. As such, I deduct the $65.33 paid to replace the wardrobe rail by 60% for depreciation to an award of $26.14.

Holes in the walls

h. The landlord claimed the tenant had caused 4 holes in the walls in bedroom 4 and provided photographs showing the damage. The landlord claimed $286.56 to patch and stop these holes. There was no painting claimed. I find this to be intentional damage on the tenant’s part and so the tenant is liable for the full repair cost minus any depreciation. The cap in section 49B RTA does not apply here. I find the cost claimed by the landlord to be reasonable for this repair and so award the landlord $286.56 to patch and stop 4 holes in bedroom 4.

i. The landlord also claimed the tenant had caused a further 4 holes in the living room walls and provided photographs showing this damage. I find this to be intentional damage on the tenant’s part and so the tenant is liable for the full repair cost minus any depreciation. The cap in section 49B RTA does not apply here. The landlord claimed $286.56 to patch and stop these holes, which I find reasonable given the evidence. Therefore, I award the landlord $286.56 to patch and stop the 4 holes caused in the living room walls. As there was no painting involved in any of the patching and stopping of all holes in bedroom 4 and in the living room, I do not consider depreciation in either of these claims.

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

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17. The amounts ordered are proved.

C Price

19 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 [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 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: