Tenant Ordered to Pay Rent Arrears and Compensation for Damages

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[2025] NZTT 5169763

TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU

APPLICANT: [redacted] [NAME]

Landlord

RESPONDENT: [redacted]

Tenant

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

ORDER

1. [NAME] must pay [COMPANY] As Agent For [NAME] $3,994.36 immediately, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $2,700.00 (3576333-002) to [COMPANY] As Agent For [NAME] immediately.

Description Landlord Tenant Rent arrears to 13 January 2025 $297.86 Cleaning $1,380.00 Rubbish removal $1,725.00 Pest control $264.50 Repairs: insurance excess $3,000.00 Filing fee reimbursement $27.00 Total award $6,694.36 Bond $2,700.00 Total payable by Tenant to Landlord $3,994.36

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Reasons:

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

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.

3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

4. As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that:

…[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

5. I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

RENT ARREARS

6. The landlord gave evidence that the tenancy ended on 13 January 2025. The landlord submitted a rent summary, which proves rent arrears are $297.86 up to this date. The landlord’s claim for rent arrears is granted for $297.86.

CLEANING, RUBBISH REMOVAL & PEST CONTROL

7. 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.1

1 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v).

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8. The landlord submitted photographs taken at the end of the tenancy. These photographs show food, rubbish and personal belongings were left at the premises by the tenant. The premises have clearly not been cleaned.

9. The landlord gave evidence that the food and rubbish attracted rodents.

10. The landlord seeks compensation as follows:

a. Cleaning: $1,380.00

b. Rubbish removal: $1,725.00

c. Pest control: $264.50

11. The landlord submitted an invoice for these amounts.

12. On the basis of the photographs taken at the end of the tenancy, I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

13. The compensation sought for cleaning and rubbish removal is relatively high however, considering the amount of food, rubbish and personal belongings left at the premises by the tenant, I consider the invoice to be reasonable. There were large items of furniture, including mattresses and bed bases left at the premises. There was also a significant amount of food, clothing and miscellaneous household items.

14. I accept the landlord’s submission that the state of the premises most likely attracted rodents.

15. The landlord’s claim for compensation is granted for the following amounts:

a. Cleaning: $1,380.00

b. Rubbish removal: $1,725.00

c. Pest control: $264.50

16. The amounts ordered are proved.

DAMAGE

17. 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.2

2 Residential Tenancies At 1986, sections 40(2)(a), 41 & 49B.

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18. The landlord made a claim with their insurer for alleged damaged at the end of the tenancy. The insurer assessed the landlord’s claim as involving six separated instances of damage in the following areas:

a. Lounge

b. Conservatory

c. Dining room

d. Bedroom 1

e. Bedroom 2

f. Bedroom 3

19. The landlord’s excess is $500.00 per claim. The landlord was required to pay an excess fee of $3,000.00 and seeks compensation for this amount.

20. The landlord submitted photographs of the premises taken at the beginning and end of the tenancy.

21. The photographs taken at the beginning of the tenancy show the premises in a good condition. No damage on the walls or carpet is apparent and the landlord gave evidence that the interior was painted shortly before the tenancy began.

22. In contrast, the photographs taken at the end of the tenancy show marks and drawings on the walls and stains on the carpet. There is damage to a wooden door that separates the lounge from the dining room and broken windows in the conservatory. The landlord also gave evidence that the lock on the conservatory door was broken.

23. Considering the photographs taken at the beginning and end of the tenancy, as well as the evidence given by the landlord at the hearing, I find the following damage occurred during the tenancy:

a. Marks and drawings on the walls in the dining room and all three bedrooms.

b. Stains on the carpet in the lounge and all three bedrooms.

c. Broken wooden door that separates the lounge from the dining room.

d. Two broken windows in the conservatory.

e. Broken lock on the conservatory door.

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

25. The landlord has had the damage repaired and submitted an invoice. The landlord also submitted confirmation from their insurer that their total excess paid was $3,000.00.

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26. The landlord’s claim for compensation of $3,000.00 to cover their insurance excess is granted in full.

27. The amount ordered is proved.

28. 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.

FILING FEE

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

[NAME]

06 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: