Tenant Ordered to Pay Rent Arrears and Compensation for Property Damage

__________________________________________________________________________________ 5175512 1

[2025] NZTT 5175512

TENANCY TRIBUNAL AT [Event location suppressed]

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [Tenancy address suppressed]

ORDER

1. An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.

2. [[NAME]] to pay [The landlord/s] $3,878.29 from the bond, calculated as shown in table below.

3. [The landlord/s] must pay [[NAME]] $0.00 immediately.

Description Landlord Tenant Rent arrears $1,114.29 Repairs $2,737.00 Filing fee reimbursement $27.00 Total award $3,878.29 Bond $3,878.29 $1,321.71

Reasons:

1. Both parties attended the hearing. [[NAME]] appeared on bhelf of his co- tenants.

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.

__________________________________________________________________________________ 5175512 2

How much is owed for rent?

3. The landlord provided rent records which show that $1114.29 was owing at the end of the tenancy. [[NAME]] accepted that this was owed.

Is the tenant responsible for the damage to the premises?

4. 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. 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. 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. See section 49B(3)(a) RTA.

5. The following damage was caused during the tenancy:

a. In excess of 20 dents , small holes, scratches, and marks on the gib linings of the entrance hall, some of these extend through the paint and gib paper into the gypsum layer beneath. These mostly appear to be impact marks from furniture being moved or similar.

b. Numerous paint holes on the walls of bedroom one, most of which appear to have come from Blu tack or some form of tape having been removed. Two of these holes are approximately finger length.

c. A large scratch into the gypsum layer of linings on a corner in the kitchen, which appears to have come from furniture being moved.

d. Approximately five marks on the walls of bedroom two including two areas the size of a small coin where paint has come away due to the use of Blu tack or similar.

e. Damage to the linings in bedroom three, most are screw holes or scratches to paint. However, one is a round hole approximately 50 mm in diameter punched through the gib, another is impact damage below are bedroom window.

f. Damage to wall linings in bedroom four most are small marks due to the use of Blu tack, with one large semicircular hole punched through the gib which is approximately 100 mm long by 50 mm wide.

g. Approximately 10 small holes and scratches in the gib linings of bedroom five. Including one large triangular hole approximately 30 x 40 mm, and several smaller holes which punch through the gib.

__________________________________________________________________________________ 5175512 3

(Note; the room numbering above as that used in the exit report, which differs from and other material provided)

6. The tenants have accepted responsibility for the large hole in bedroom four which occurred when the occupant of that room tripped impact of the wall.

7. The large hole in bedroom four occurred when a gust of wind slammed the wardrobe door causing the door handle to punch through the gib as the door flexed past the doorstop. The tenancy is located in a windy part of Northland. It is reasonably foreseeable gust of wind could cause such an issue, and it is up to the tenants to take steps to address such issues. I consider this to be careless damage rather than accidental.

8. Some of the small marks in the hallway, and kitchen could be seen as wear and tear. However, the number and extent of the marks and damage in the hallway, the numerous instances of damage caused by Blu tack, and the instances where impacts have punched through the gib are beyond wear and tear. The tenants do not dispute that they are liable for portion of the damage, however, they believe that the repair price claimed is excessive.

9. I note in this instance that the landlord’s insurance policy in place when the lease was taken out was $1250. I am told that the insurance lapsed and was not renewed. For the purposes of this decision however the $1250 stands as relevant as it does not appear that notice of the lapsing of the policy was given to the tenants.

10. It does not appear to me that any of the specific instances of damage, each of which would be a separate insured event in terms of the functioning of an insurance policy wording, would exceed $1250 to repair.

11. Taking into account the extent of the damage which extends to 7 rooms, that the costs claimed are those incurred to repair the damage, and noting other similar cases were relatively extensive wall repairs have been necessary, I find the cost to repair is reasonable.

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 rest of the paintwork and the house appears to be in reasonable condition, and certainly did not appear to be in need of a re-paint in the foreseeable future.

13. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

[NAME] 25 March 2025

__________________________________________________________________________________ 5175512 4

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/

__________________________________________________________________________________ 5175512 5

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: