Tenant Ordered to Pay Rent Arrears and Damages Beyond Fair Wear and Tear

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[2025] NZTT 5178399

TENANCY TRIBUNAL AT TOKOROA | TE TARAIPIUNARA RETIHANGA KI TOKOROA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $4,063.21 immediately, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $1,800.00 (6385197-017) to [COMPANY] immediately.

Description Landlord Tenant Rent arrears to 28 December 2024 $4,034.29 Repairs: hole in the wall $270.00 Carpet Cleaning $345.00 Cleaning $270.00 Ranch slider glass $466.92 Lawns and Garden work: and rubbish. Filing fee

$450.00 $27.00

Total award $5,863.21 Bond $1,800.00 Total payable by Tenant to Landlord $4,063.21

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Reasons:

1. The landlord attended the hearing. The tenant did not appear. The landlord confirmed that the tenants email address was supplied as an address for service. The hearing continued in their absence.

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?

3. The tenancy ended on 28 December 2024. The landlord provided rent records 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

5. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

6. The oven and vanity required cleaning and there was evidence of cobwebs around the windows. There was insufficient evidence provided to support the amount claimed for house cleaning, therefore a reduced amount is awarded.

7. The carpets in the master bedroom, first bedroom, lounge and dining room were stained and yellow. The landlord said there was also a smelled of urine which made her suspect a pet had been inside, although one was not permitted in the tenancy agreement.

8. After the tenancy ended the landlord had the carpets professionally cleaned and the amount claimed fir this is awarded is awarded.

9. The lawns were overgrown, and gardens required weeding. There was rubbish left behind which included tires, a desk, boxes, and full rubbish bins. This amount is awarded as claimed.

10. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

The following damage was caused during the tenancy:

Hole in wall

16. Evidence was provided that damage to the wall around the light switch by the garage occurred during the tenancy. The landlord was not told about this damage.

Carpets

17. The carpet in 4 rooms was stained. The landlord said that the premises were re carpeted during the tenancy and it was left stained and smelling when the tenancy ended and after it had been professionally cleaned. The landlord sought reimbursement of four insurance excesses for a claim to replace the carpet.

18. The carpet has not been replaced and the premises have been re-tenanted.

19. The landlord was unable to provide evidence that new carpet had been installed during the tenancy. A landlord was unable to prove that damage to the premises occurred during the tenancy. This claim is dismissed.

Ranch slider.

20. The glass in the ranch slider window was broken during the tenancy. Pre and post tenancy photographs were provided.

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

22. The amounts ordered are proved.

23. 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

24. [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.

[NAME]

30 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: