Tenant ordered to pay rent arrears and damages

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[2025] NZTT 5062448

TENANCY TRIBUNAL - Christchurch | Ōtautahi

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $1,784.25 immediately, calculated as shown in table below.

2. [COMPANY] is to pay the bond of $1,800.00 (5842957-006) to [COMPANY] immediately.

Description Landlord Tenant Rent arrears to 6 September 2024 $1,067.86 Water rates $30.51 Cleaning $150.00 Carpet Cleaning $220.00 Lock/key replacement $299.00 Replace yellow Council bin $97.65 Rubbish removal $477.23 Wall and door repairs $1,035.00 Window repairs $180.00 Filing fee reimbursement $27.00 Total award $3,584.25 Bond $1,800.00 Total payable by Tenant to Landlord $1,784.25

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Reasons:

1. [NAME] attended the hearing for the landlord. The tenant did not attend.

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 rates?

3. The tenant, [NAME], gave notice to end the tenancy on 21 August 2024 and vacated soon after. A new tenant was found commencing on 7 September 2024. The amount of rent owing to 6 September 2024 has been established by the production of a rent record and the amount of water rates owing has been established by an invoice.

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

4. [NAME] did not leave the premises reasonably clean, did not remove all rubbish, and did not leave all keys and chattels (the yellow rubbish bin had been removed by Council due to persistent contamination) provided for his benefit as required section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act

5. The amounts claimed for cleaning the carpets, changing the locks, removing the rubbish and replacing the rubbish bin has been established.

6. The landlord claimed $750.00 to clean the premises, being $300.00 paid to another tenant of the landlord ([NAME]) and $350.00 paid to friends of the new tenant. However, the only evidence provided to support the amount claimed are two bank payment records dated 6 September 2024. No invoices or other evidence was provided as to the work that was completed, the time spent or the hourly rate charged. I am therefore not satisfied that the landlord has provided sufficient evidence to establish that the amount claimed ($750.00) is a reasonable sum for the work required to clean the premises to a reasonable standard. Doing the best I can on the evidence provided (including the photographs provided to support the cleaning claim) I consider $150.00 reasonable compensation.

Is the tenant responsible for the damage to the premises?

7. To be successful in a claim for damage to the premises the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.

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8. 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 (here $550.00) or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent): section 49B(3)(a) of the Act.

9. 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: section 49B(1) RTA.

10. The following damage was caused during the tenancy: walls in the entrance, lounge, hall, and two bedrooms were damaged by a large dent (entranceway), attaching of an item to the wall (lounge), and unsuccessful attempts by the tenant to patch several areas; the bedroom door had a hole; and the entrance and garage door glass were broken.

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

12. The amounts ordered are established.

13. The landlord has been successful in its claims and is therefore entitle to payment of the Tribunal application fee.

R Merrett

25 February 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: