Tenant ordered to pay rent arrears and compensate for damages

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[2025] NZTT 5163032

TENANCY TRIBUNAL AT HUTT VALLEY | TE TARAIPIUNARA RETIHANGA KI TE AWAKAIRANGI

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/[ADDRESS], Upper Hutt, Upper Hutt 5018

ORDER

1. [NAME] must pay [COMPANY] $3,115.11 immediately, calculated as shown in table below.

2. [COMPANY] must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.

3. The landlord shall dispose of the other goods left at the premises by the tenant by disposing of the couch in question as the landlord sees fit.

4. The amount owing to the applicant out of the proceeds of any sale is $3,115.11.

5. [COMPANY] must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Description Landlord Tenant Rent arrears $3,142.86 Cleaning $276.00 Repairs: plaster and paint walls, repair door frame $1,828.50 Repairs: roller blind in back bedroom $120.75 Filing fee reimbursement $27.00 Total award $5,395.11 Bond $2,280.00 Total payable by Tenant to Landlord $3,115.11

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Reasons:

1. The landlord attended the hearing. [NAME] did not. I waited approximately 15 minutes to allow for unexpected delays, but when she failed to appear I chose to proceed with the hearing in her absence.

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

How much is owed for rent?

3. [NAME] was in the tenancy on a periodic lease from May 2023. She gave notice on 2 December 2024, with a leaving date of 30 December 2024, but remained in the tenancy until 14 January 2025. No rent was paid after 25 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $3142.86.

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

4. 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.

5. The tenant did not leave the premises reasonably clean and tidy. The walls and vinyl floors had marks from furniture and from dripping liquids. The heatpump and oven were grubby and the bathrooms was left unclean. The amount claimed in reasonable for the condition of the tenancy. The amounts ordered are proved.

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 section 49B RTA applies. 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. The excess in this case is $500.

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8. Tenants are liable for the cost of repairing damage that is intentional. 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.

9. The following damage was caused during the tenancy:

a. dents and holes in gibbed walls;

b. glue marks above the kitchen bench where the tenant had installed then removed tiles;

c. scrape damage to gib angles at a wall corner and the moulding above a door;

d. screws installed in gib;

e. damaged wall paint when vinyl stickers were removed;

f. a broken roller blind

g. damaged to the front door frame where the tenant had used a crowbar to access the flats after losing her keys; and

h. marks where the tenant had attempted her own repairs to wall damage.

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

11. Apart from the damage referred to at [9]c. and f. the damage was intentional. The damage to the gib angles and the roller blind could have occurred due to careless ness, but the cost to repair each instance is less than the $500 excess. The amounts ordered are proved.

12. 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. The tenancy was new at the start of the lease. Therefore, no depreciation applies.

13. The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy, specifically a couch which cannot fit through the front door. I understand that the couch was moved in by removing a window.

14. The landlord has contacted the tenant who was uninterested in having the couch returned.

15. It is not practicable for the landlord to the return the goods to the tenant as it appears the couch may need to be destroyed in order for it to be removed.

16. The landlord may dispose of the couch as they see fit.

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17. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.

[NAME]

08 April 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: