Tenant Ordered to Pay for Damages to Rental Property

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[2025] NZTT 5121728

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

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

ORDER

1. [NAME] to pay [COMPANY] as agent for [NAME] $508.12 from the bond, as calculated in the table below:

Description Landlord Tenant Filing fee reimbursement $27.00 Replace furnishings: carpet $230.00 Repairs: hole in master bedroom $117.88 Repair: hole in main bathroom wall $86.25 Key replacement $8.00 Replace furnishings: Curtain $38.99 Total award $508.12 Bond $508.12 $511.88

2. The Bond Centre is to pay the bond of $1,020.00 (5163727-011) immediately apportioned as follows:

[COMPANY] as agent for [NAME]: $508.12

[NAME]: $511.88

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Reasons:

1. Both parties attended the hearing.

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

3. The landlord claimed specifically for repairs to main bathroom wall ($86.25), carpet replacement in one bedroom ($599.00), holes in bedroom door ($117.88), replacement curtains in one bedroom ($38.99) and deadbolt key cutting ($8.00). At the hearing, the tenant did not dispute the costs for the holes in the bedroom door, the replacement curtains, and the deadbolt key cutting.

4. These amounts are therefore awarded.

5. I consider the claimed amounts for the carpet and main bathroom wall further below.

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.

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

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person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

12. The landlord claims that the carpet in one of the rooms was damaged during the tenancy by several dark stains. The landlord claims for the cost of carpet replacement of $599.00 and has provided photographs (both pre and post tenancy) together with an invoice. The landlord further advises that insurance was unavailable as each stain was considered a separate event. The landlord submits that the carpet was estimated to be around seven years old, although this is disputed by the tenant who estimated it more likely to be around 10-15 years old.

13. I am satisfied that some carpet staining was caused during the tenancy, however, to reflect reasonable wear and tear and the likely age of the carpet (although difficult to age precisely), I have reduced the amount awarded to $230.00.

14. In addition, the landlord claims for damage to the main bathroom wall – specifically for repairs to a hole totalling $86.25. The tenant advises that the hole was caused by a linoleum installer and has provided photographs that prove the linoleum was installed a considerable amount of time after the bathroom was renovated. The landlord says that they had not been advised of that until the hearing and that they had previously been advised that the damage was caused by the size of the vanity.

15. I have received insufficient evidence to prove the landlord’s contractor caused the damage. I find therefore that it was more likely than not caused during the tenancy by the tenant.

16. In summary, the following damage was caused during the tenancy: carpet staining and bathroom hole. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

17. The amounts ordered are proved.

18. I have considered 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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19. [COMPANY] as agent for [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.

[NAME]

10 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 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: