Tenant Ordered to Pay Rent Arrears and Damages

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[2025] NZTT 5245315

TENANCY TRIBUNAL AT [Event location suppressed]

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [Tenancy address suppressed]

ORDER

1. [NAME] must pay [The landlord/s] $1,888.95 immediately, calculated as shown in table below.

Description Landlord Tenant Rent arrears $2,375.43 Electrical fittings replacement/repair: Heated towel rail $115.00 Repairs: Rehang wardrobe doors $92.00 Replace smoke alarms $15.80 Replace furnishings: Landlord's items stolen from garage $225.00 Cleaning: includes carpet $435.00 Electrical fittings replacement/repair: repairs to garage door opener

$862.50

Repairs: garage wall, paint and plaster $441.72 Rubbish removal: items left in garage $74.50 Filing fee reimbursement $27.00 Total award $4,663.95 Bond $3,000.00 Total payable by Tenant to Landlord $1,663.95

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Reasons:

1. The landlord attended the hearing. I delayed the start of the hearing to allow for lateness however, after approximately 10 minutes the tenant made no appearance.

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. The tenancy ended on 20 March 2025. No rent was paid after 28 February 2025 and there was already a debt due to earlier arrears which had been partially paid. The landlord provided rent records invoices which prove the amount owing at the end of the tenancy totalled $2375.43. These arrears are to be paid by the tenant immediately.

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, 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 and did not remove all rubbish. In particular the bathroom and kitchen were left in a grubby state and required cleaning. There were also marks on carpets throughout tenancy, particularly in the garage.

6. The landlord has had the property cleaned including the carpet cost of $435. Viewing the photos these costs are reasonable.

7. The tenant also left to mattresses and what appears to be bedding in the garage. The landlord paid $74.50 for these items to be disposed of. This was a reasonable charge to dispose of these items.

8. A smoke alarm had been taken by the tenant costing $15.80 replace. Additionally, in the garage there is a locked storage room in which paint, building materials, and items belonging to the landlord had been stored. At some stage during the tenancy this room was broken into, and a vacuum cleaner, child car seat, and a rubbish bin were removed and are presumed stolen. The landlord has provided estimates for the replacement of these items for the vacuum cleaner $250, the car seat $100, and for the rubbish bin $100. The landlord had no information relating to the age and condition of the items.

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In a situation such as this year the tenant has stolen, or otherwise converted landlord’s property is just that some compensation should be paid. However, in situations where the evidence is less than ideal the Tribunal must take reasonable and reasoned view. I consider that the loss is proved, however, the items were not new and that the amounts sought are a reasonable estimation of the new values. I consider in these circumstances a discount of 50% for uncertainty is appropriate, due to the difficulties in obtaining evidence. I award $225 for these items.

9. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

10. 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.

11. 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. In this instance the excess of $750.

12. The following damage was caused during the tenancy:

a. A heated towel rail was partially pulled from the wall damaging the electrical fitting so it no longer functioned. This was replaced at a cost of $172.50.

b. The wardrobe doors had been removed from the rail and need to be rehung at a cost of $92.

c. The garage door opener had been knocked askew by an impact, bending one of the arms of the garage door, breaking the mounting bracket of the motor, and knocking the system out of line. This damage was repaired a cost of $862.50.

d. There were marks, scratches, and gouges to walls in the garage, both near the door to the storage room when the door was forced open, and where tape had been removed from the wall tearing off a strip of paint. The walls were plastered and repeated the cost of $441.72.

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

13. I note that the heated towel rail was not new. The landlord’s representative did not have any information relating to its age. I note that the premises of people

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being renovated at some stage the last 10 years. As an electrical fixture, the building code requires that such items have at least a 15 year life. I would estimate the age of the time to be between five and 10 years. Therefore, is very reasonable to depreciate the cost of replacing the towel rail by five years of a 15 year life. I award $115.

14. The other repair costs are reasonable and have been incurred by the landlord. I wore those costs in full.

[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.

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].

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/

Reasons: