Tenant Ordered to Pay Rent Arrears and Damages

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[2025] NZTT 5135669

TENANCY TRIBUNAL AT HAWERA | TE TARAIPIUNARA RETIHANGA KI HĀWERA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [NAME] $1265.69 immediately, calculated as shown in table below.

2. The [COMPANY] is to pay the bond of $1,600.00 (3065004-011) to [NAME] immediately.

3. The landlord is to file the change of landlord form as provided to the Tribunal dated 24 April 2025 with the [COMPANY].

4. The claim for a missing TV aerial is dismissed.

Description Landlord Tenant Rent arrears to 10 January 2025 $1,600.00 Window repairs: Repair $261.50 Repairs: Gutter replacement $607.19 Cleaning $160.00 Rubbish removal $210.00 Filing fee reimbursement $27.00 Total award $2865.69 Bond $1,600.00 Total payable by Tenant to Landlord $1265.69

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Reasons:

1. Only the landlord attended the hearing.

2. I am satisfied the tenant has been served and so the hearing proceeded in her absence.

3. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The landlord did not want to pursue the claims for exemplary damages.

Who is the Landlord?

4. The property was bought by [NAME] and his partner with settlement taking place on 8 December 2023. The tenant was already in occupation.

5. Initially an agent managed the tenancy, but [NAME] then took over management of the property himself with his partner. The bond was only lodged in the name of [NAME]‘s partner.

6. I am satisfied that the landlord in this application, [NAME] was a landlord with his partner from 8 December 2023 as the evidence shows he was a property owner, received the rent into his account and managed the property.

7. I am satisfied that [NAME] has been the tenant’s landlord from 8 December 2023 and therefore that the application may proceed today in his name.

How much is owed for rent?

8. I am satisfied that the tenancy ended on 10 January 2025.

9. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord claims $1600 and while this does not exactly match the records provided, I am satisfied this sum will not result in an overpayment to the landlord (records indicate a slight under claim here).

10. The amount ordered is proven.

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

11. 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. See section 40(1)(ca) Residential Tenancies Act 1986.

12. I am satisfied that the tenant left a significant amount of rubbish. The landlord says that it took 3 people 2 hours to take all the rubbish to a farm where it was

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disposed of. There are no dump fees because the rubbish was taken to the farm.

13. I find it reasonable for the rubbish disposal to have taken 3 people 2 hours each. The rubbish included a number of large bulky items. The landlord did the work himself with his partner and a family member. I find $35 per hour to be a reasonable sum and therefore award $210 for the labour costs of rubbish disposal.

14. I make no award in relation to the cost sought for dumping the rubbish as the landlord was able to do this at no cost therefore there has been no loss.

15. The landlord says that the tenant did not return the property in a reasonably clean and tidy condition. He and his partner had to vacuum the carpet, scrub the walls, ceilings, wash windows, clean the oven, get rid of cobwebs and clean the bathroom and kitchen.

16. It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. The Tribunal will also take into account factors such as the length of the tenancy, and the general condition of the premises. For example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work.

17. It is also relevant to note that the onus for establishing the claim, sits with the person making it. If the landlord is seeking to recover costs for cleaning, it is the landlord who must prove that the tenant has breached their obligations under the RTA with how the premises were returned at the end of the tenancy. If the landlord does not establish a breach to the balance of probability, then their claim will be dismissed.

18. I am satisfied that the photographs support that the property was not returned in a reasonably clean and tidy condition. However, the limited photographs do not support the extent of the claim. The work described would have more likely than not have taken the premises to a state better than the tenant was required to return it. Based on the evidence provided I award the landlord $160 towards cleaning including the cost of cleaning products.

Is the tenant responsible for the damage to the premises?

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

Window

25. I am satisfied that a back window was broken during the course of the tenancy. I am satisfied that the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

26. The landlord has incurred $261.50 in repair costs and I consider this to be reasonable. This sum is ordered.

27. 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. However, I have not depreciated this sum awarded as I do not consider the landlord has had any benefit by the replacement of a windowpane.

Guttering

28. The landlord says that the tenant removed a portion of guttering and a downpipe. A builder’s report shows that it was lead. The landlord says that the

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tenant reported that there had been damage occurring in a weather event. However, the landlord says it is suspicious as the portion of gutter that has been removed stops at the boundary of the property next door (the property is semi- detached and the landlord also owns the home next door). He thinks that it has been removed to sell for scrap metal. A metal TV aerial is also missing (see below). The guttering and downpipe was not retained by the tenant (so the landlord was not able to repair it using the existing product or observe the damage). Instead, the tenant put up some PVC pipe in just part of the section, which was an insufficient fix. The tenant only told the landlord about this issue when specifically asked about it.

29. No weather damage occurred to the neighbouring property’s guttering and a builder’s report commissioned just before the purchase of the property did not note any issues with the condition of the guttering other than it needing a clean.

30. I am satisfied that the damage occurred during the course of the tenancy. I have carefully considered whether the landlord has proven if this is more than fair wear and tear and, given the above circumstances, I find it more likely than not that this is more than fair wear and tear. The tenant has not disproved liability for the damage.

31. The guttering and pipe that were removed were likely original (1970s). Now the landlord has new guttering which is PVC but this is only in relation to part of the house, so it does not match the rest of the property or the property they own next door: The landlord now has mismatching guttering.

32. In this specific situation I consider there has been no betterment to the overall position and award the $607.19 that is claimed for the remedy.

Aerial

33. I am satisfied that a metal aerial was present at the start of the tenancy and when these landlords took over and that at the end of the tenancy it was missing.

34. The landlord does not know how old it was and has not replaced it.

35. I make no award in relation to the aerial as I am not satisfied if and when the landlord will replace it (the new tenant does not need it). This part of the claim is dismissed.

Bond

36. The landlord provided evidence that his partner agrees to a change of landlord so that the bond is to held in both names. She agrees he has full authority

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regarding the property. A change of landlord form, an email confirming this and bank details have been provided.

37. I am satisfied that the bond may therefore be released to [NAME] and have ordered this.

38. The landlord should immediately file the change of landlord form as filed with the Tribunal with the [COMPANY].

Filing fee

39. [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.

[NAME]

24 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: