Tenant Ordered to Pay Rent Arrears and Damages

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[2025] NZTT 5017749

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] and [NAME] must pay Team Group Rentals Limited- As Agent For [NAME] $1,019.21 immediately, calculated as shown in table below.

2. [COMPANY] is to pay the bond of $1,800.00 (5785683-004) to Team Group Rentals Limited- As Agent For [NAME] immediately.

Description Landlord Tenant Rent arrears $1,105.71 Replace furnishings: Curtains $287.50 Repairs $920.00 Cleaning $333.50 Rubbish removal $172.50 Total award $2,819.21 Bond $1,800.00 Total payable by Tenant to Landlord $1,019.21

Reasons:

1. The landlord attended the video hearing.

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2. The tenants did not attend the hearing by Teams video link. Telephone calls were made to the tenants on the numbers provided at the allocated hearing time. There was no response to the calls. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.

3. The landlord has applied for rent arrears, compensation and refund of the bond, following the end of the tenancy.

How much is owed for rent ?

4. The tenancy ended on 27 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,105.71.

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

5. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

6. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos as evidence of the condition of the premises at the end of the tenancy. The photos showed that the premises had not been left reasonably clean and tidy. The landlord provided invoices for the cleaning and rubbish removal. The rubbish removal included tip fees.

7. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

8. 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.

9. 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.

10. 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 landlord is insured. The

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landlords policy of insurance carries an excess on each and every claim of $400.00.

11. 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.

12. 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.

13. 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.

14. The following damage was caused during the tenancy:

Curtains in the office and in the back bedroom were damaged. The landlord provided photos of the curtains and an invoice. The landlord indicated that the curtains had been in good condition prior to the tenancy. The landlord provided an invoice for $287.50. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Holes had been made in the lounge and in the office walls. Photos were provided by the landlord of the damage and an invoice for the repairs of $920.00. The excess on the landlord’s policy of insurance is $400.00. That excess relates to each and every claim. There were a number of holes in the walls which required repairs and accordingly the excess does not apply. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

15. The amounts ordered are proved.

S Young

29 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: