Tenant ordered to pay rent arrears and damages

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[2025] NZTT 5082868

TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU

APPLICANT: [redacted] [NAME]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] as Agent for [NAME] $817.52 immediately, calculated as shown in the table below.

2. The Bond Centre is to pay the bond of $2,320.00 (5130903-006) to [COMPANY] as Agent for [NAME] immediately.

Description Landlord Tenant Rent to 23 October 2024 $1,092.86 Water charges to end of tenancy $139.64 Cleaning $172.50 Rubbish removal ([NAME] invoice) $200.00 Rubbish removal ([NAME]) $178.25 Window repairs (back door and front bedroom window) $459.02 Repairs to hallway, bedroom 2, bedroom 3, living room $868.25 Filing fee reimbursement $27.00 Total award $3,137.52 Bond $2,320.00 Total payable by Tenant to Landlord $817.52

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Reasons:

1. The landlord attended the hearing today.

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 and water?

3. The tenancy ended on 23 October 2024 pursuant to a 90-day termination notice (sale of the premises). The landlord provided a rent summary and water invoices 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.

5. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The rangehood and laundry floor needed cleaning. The amount claimed ($172.50) is reasonable for the cleaning required.

6. There was rubbish left outside. There is an email from the tenant stating that a supermarket trolley and a green mat shown in a photograph had been there since the start of the tenancy. The rubbish removal costs ($378.25) appear reasonable based on what can be seen in the photographs.

Is the tenant responsible for the damage to the premises?

7. 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.

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 4 weeks' rent.

8. 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.

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9. There was damage to several walls in the hallway, holes in the walls and door of bedroom 2, damage to the door of bedroom 3, and a dent in the living room wall (4 rooms).

10. There was also a broken window in the back door and a smashed bedroom window.

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

12. Applying the excess of $750.00 on a room-by-room basis, the tenant’s liability for careless damage would be limited to $750 x 4 ($3,000.00). The weekly rent was only $660.00, which limits the tenant’s liability to $660.00 x 4 ($2,640.00). The amount claimed for repairs is less than 4 weeks’ rent.

Filing fee

13. The landlord’s application has been successful. I award the filing fee.

[NAME]

26 March 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: