Tenant ordered to pay rent arrears and damages

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[2025] NZTT 5136255

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] As Agent For [NAME] $3,927.00 immediately, being rent arrears to 16 December 2024.

2. [COMPANY] is to pay the bond of $2,240.00 (6205818-003) to [COMPANY] As Agent For [NAME] immediately.

Description Landlord Tenant Rent arrears $80.00 Repairs: Carpet $2,000.00 Rubbish removal $2,000.00 Repairs: Wall damage $1,380.00 Repairs: Windows $680.00 Filing fee reimbursement $27.00 Total award $6,167.00 Bond $2,240.00 Total payable by Tenant to Landlord $3,927.00

Reasons:

1. The Landlord attended the hearing by video. The Tenant did not attend by video or answer telephone calls made by the Tribunal on the number provided for the Tenant.

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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 16 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

5. The Tenant failed to leave the premises in a reasonably clean and tidy condition and did not remove all rubbish upon vacating. The Landlord submitted a quote in the amount of $6,800.00 for the removal of the rubbish, stating that this would require five 9-metre skip bins.

6. Upon review of the outgoing inspection report and accompanying photographic evidence, it appears the Tenant left a substantial quantity of personal belongings and household contents at the premises. These items included clothing, rubbish bags, furniture, crockery, and beds. However, it was not evident that the rooms contained a significant volume of furniture or large items to justify the use of five skip bins. The majority of the items left behind appeared to consist of general rubbish and clothing. Additional rubbish bags were observed on the deck area outside but there were no large items like a trampoline or an outdoor playground set etc

7. Based on the evidence presented, I find the quote of $6,800.00 to be excessive. In the absence of justification for the volume or cost claimed, I consider a more reasonable and proportionate amount for the removal of rubbish to be $2,000.00, and I award that amount accordingly.

8. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

9. 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

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damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

10. 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.

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.

12. 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.

13. 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.

14. 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.

15. The following damage was identified during the tenancy: soiled and stained carpet, broken windows, and damage to walls, including holes and apparent bite marks. The Landlord submitted that the Tenant kept a dog at the premises, which was prohibited by the Tenancy Agreement. Photographic evidence was provided, showing a substantial amount of dog faeces in multiple rooms of the property, as well as staining on the floors.

16. Further photographic evidence showed a smashed front door window and a cracked backdoor window, multiple holes in the walls, and significant damage to a door frame, which appeared to have been caused by a dog biting into it. The Landlord provided both ingoing and outgoing inspection reports. Given that the tenancy lasted only six months and the fact that the Tenant never reported the damage, the Landlord submitted it was only visible at the end of the tenancy.

17. The damage to the walls was described as consistent with the impact of a person having fallen into them or hitting them. The broken windows appeared to have been caused by objects being thrown. The damage to the door frame appeared to be consistent with bite marks caused by a dog. The ingoing and

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outgoing inspection reports indicated that the wall damage and window damage were caused during the tenancy.

18. In relation to the carpet which covered all of the rooms in the house except the kitchen and bathroom, the ingoing inspection report noted existing staining, general wear and tear or fraying in many of the rooms. The Landlord claimed $9,500.00 for full replacement of the carpet, alleging that it was extensively stained with dog urine and faeces. A quote was provided to substantiate this. When asked whether any attempt had been made to professionally clean the carpet, the Landlord confirmed that no such attempt had been made, citing the extent of the staining.

19. The Landlord estimated the carpet to be approximately six to seven years old.

20. In consideration of the evidence, I do not accept that the Tenant should be held fully liable for the replacement of the carpet in the absence of a professional assessment indicating that cleaning was not a viable option. It is unreasonable to claim $9,500.00 for replacement without first attempting cleaning, particularly where the ingoing report documented pre-existing stains, wear, and tear. The Landlord did not provide any evidence form a professional cleaner.

21. While I accept that the dirty carpets would have delayed the property being rented out again and may have impacted the Landlord financially, I am not satisfied that immediate replacement of the carpet was the only reasonable remedy. Accordingly, I award the sum of $2,000.00 in compensation for the stained and soiled carpets.

22. I find the damage to the walls and windows were caused intentionally by the Tenant from the photographs, quotation and inspection reports. These indicate the damage was more than fair wear and tear and the Tenant has not disproved the evidence.

23. The amounts ordered are proved.

24. 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.

25. As [COMPANY] As Agent For [NAME] has substantially succeeded with the claim the Tenant shall reimburse the filing fee.

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[NAME] 16 May 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: