Tenant Ordered to Pay for Damages and Unpaid Water Rates

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[2026] NZTT 5430013

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] As [NAME] $1,528.96 immediately, calculated as shown in table below.

2. [COMPANY] is to pay the bond of $3,600.00 (5206264-007) to [COMPANY] As [NAME] immediately.

Description Landlord Tenant Water rates $135.51 Curtain cleaning $1,243.20 Window repairs $215.05 Bi Fold Door repairs $948.95 Contribution to bench top $300.00 Bedroom door frame repairs $1,008.25 Motorised gate $1,250.00 Filing fee reimbursement $28.00 Total award $5,128.96 Bond $3,600.00 Total payable by Tenant to Landlord $1,528.96

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Reasons:

1. The applicant was represented by [NAME]. The tenant [NAME] made herself available however there was no answer when I tried to connect Mr [NAME] to the hearing.

2. This tenancy was just short of four years.

3. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

4. The tenancy ended on 8 June 2025. The tenant was unaware of the balance of the water rates. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.

5. There was no issue in relation to rent arrears or clean up costs. The application is in relation to some damages, of which the tenant’s dog was responsible.

Is the tenant responsible for the damage to the premises?

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

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11. 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.

12. In this case the landlords insurance does not cover the damages sought given the excess is higher than the amounts claimed, excluding the damages to a motorised gate at the property.

13. In relation to this gate the tenant confirmed that the gate struggled to open because of the overgrown trees preventing this. However, the claim is in relation to the damage to the gate itself and not the damage caused by the tree which was the motorised part of the gate. The tenant accepted that the dog would get aggravated by neighbouring children. I am satisfied that the damage was caused by repeated actions of the dog and the amount is proven.

14. The landlord claimed further damage to the Bi-fold doors caused by the dog. The tenant said she bought the initial damage to the attention of the landlord, and it was not fixed at the time so believed it got worse. The landlord did not want to fix it until the dog was no longer at the property. It was damaged due to the dog jumping up at it.

15. I am satisfied that the damage is more than fair wear and tear and that the tenant was not disproved liability.

16. The landlord claims the costs of cleaning the three long sets of curtains that contained mould and paint and pen marks. The tenant accepts the marks as she had children however partially blames the mould for the fact that the windows were painted shut. The applicant stated that while one window could not be opened others could and the damage was caused by the amount of furniture stacked against the curtains.

17. Having heard from the parties and considered the evidence I find that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

18. A kitchen window was also damaged during the tenancy and the tenant accepted responsibility for this.

19. The landlord further claims damage to the stone bench top that was new when the tenant’s moved in. The damage is staining and cut marks. Clearly careless use. The tenant claims fair wear and tear. As stated, this was a tenancy that lasted just short of four years. I accept that some wear and tear and staining is likely and therefore I make an award for the contribution to the damage rather than the full amount.

20. The final claim is in relation to the bedroom door, or more so the surrounding frame. The tenant agrees that the door got stuck and they pushed the door

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open and broke the sounding frame. This was not remedied before the tenant moved out. I accept the amount is proven accordingly.

21. That concludes all the claims sought.

22. 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.

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

S Munro

17 June 2026

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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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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: