Tenant ordered to pay rent arrears and damages

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[2025] NZTT 5033651

TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU

APPLICANT: [redacted] The [COMPANY]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] and [NAME] must pay [COMPANY] As Agent For The [COMPANY] $2,033.29 immediately, calculated as shown in table below.

2. [COMPANY] is to pay the bond of $3,920.00 (3398011-009) to [COMPANY] As Agent For The [COMPANY] immediately.

Description Landlord Tenant Rent arrears to 18.10.2024 $4,620.00 Water rates $116.44 Repairs: gate $100.00 Cleaning $276.00 Repairs: gas hob $320.85 Repairs: garage door motor $391.00 Repairs: toilet seat $75.00 Lock/key replacement $27.00 Filing fee reimbursement $27.00 Total award $5,953.29 Bond $3,920.00 Total payable by Tenant to Landlord $2,033.29

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Reasons:

1. Only the landlord attended the hearing. I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment. Because of this, the hearing was conducted in the tenant’s absence.

2. The landlord has applied for rent arrears, compensation, damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

3. The tenancy was a fixed term tenancy that was due to end on 5 November 2024, but which ended early due to the tenants moving out, probably in the week of 14 September 2024. On 19 October 2024 new tenants moved into the premises. The landlord is therefore seeking rent arrears until 18 October 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy were $4,620.00 for rent arrears and $116.44 for water rates.

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.

5. In the hearing the landlord stated that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord stated the gardens were left with [NAME] grass. The landlord produced an invoice for $1,035.00 for general cleaning.

6. The landlord did not include any photographs with the application, but did produce some during the hearing. After the hearing, more photographs were emailed through in support of the application.

7. The photographs show the premises to be less than reasonably clean. In particular the oven, the rangehood and a toilet have not been cleaned, and the garden which is smal,l is overgrown. I accept that photographs do not always clearly show the full extent of the condition of the property, but I get a good idea about the condition the property was left in. I also note however that a landlord may expect to undertake a further deep-clean between tenancies: the standard for a tenant is “reasonably clean and tidy”. I do not see that a cleaning bill of $1,035.00 can be justified in bringing the property up to a reasonably clean and tidy standard. My award is based on 6 hours cleaning at $40.00 per hour plus GST.

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8. Although the tenant returned most of the keys, some were missing and needed to be recut from the landlord’s copy.

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 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. The landlord claims the tenant damaged doors, cupboard doors and the fence gate. Invoices for repairs were produced in support of the claim. Photographs produced show the gate to be not hanging correctly. Without the tenant present to explain how the damage occurred I determine that the damage is more than fair wear and tear. The damage does not look to be serious damage however and no explanation was given orally as to what has happened or what is needed to repair it.

13. This claim is proved. The amount I award is to rehang this gate.

14. The photographs I have seen do not clearly show damage to the doors or cupboard doors. The landlord stated the hinges were loose. Without more information I cannot determine what damage if any has been caused during the tenancy. I do not find this claim proved.

15. The landlord gave information that the gas hob was blocked at the end of the tenancy and the gas hob rack was removed. The landlord replaced the gas hob at a cost of $641.70. A receipt was produced in support of the claim. Insurance excess exceeded this amount so no claim was made. On the evidence provided I am satisfied this claim is proved. A reduction is calculated for depreciation and betterment.

16. The landlord stated that the garage door motor was pulled out. Photographs in support show the motor to apparently be in situ, but with the wires having been pulled out or disconnected. The landlord replaced the motor and provided an invoice in support for $782.00. The claim is approved and again a reduction is calculated for depreciation and betterment.

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17. The landlord claims the toilet seat was broken during the tenancy. On the basis of the landlord’s oral evidence I find this claim proved. An invoice for $150.00 was produced. A reduction is calculated for depreciation and betterment.

18. As stated, 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.

19. [COMPANY] As Agent For The [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.

[NAME]

17 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: