Tenant Ordered to Pay Rent Arrears and Damages for Wall Repairs

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[2025] NZTT 5132693

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

[NAME]

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] and [NAME] must pay [COMPANY] $3,492.00 immediately, calculated as shown in table below.

Description Landlord Tenant Rent arrears to 15.11.24 $5,385.00 Repairs – wall damage $200.00 Filing fee reimbursement $27.00 Total award $5,612.00 Bond $2,120.00 Total payable by Tenant to Landlord $3,492.00

Reasons:

1. The landlord and [NAME] attended the remote hearing.

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2. The tenant requested an adjournment shortly before the hearing. I did not grant the adjournment. The tenant was phoned on the phone number provided. The tenant did not answer the phone call or connect to the remote hearing and 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.

Rent arrears

4. The tenancy ended on 15 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Is the tenant responsible for the damage to the premises?

5. 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.1

6. 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). 2

7. 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).3 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 4

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.5

9. 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

1 See sections 40(2)(a), 41 and 49B RTA. 2 See section 49B(3)(a) RTA. 3 See section 49B(3)(b) RTA. 4 See section 49B(3A)(a) RTA. 5 See section 49B(1) RTA.

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person does something, or allows a situation to continue, knowing that damage is a certainty.6

Wall damage

10. Two walls were damaged during the tenancy. The [NAME] said the damage may have been caused by the tenant’s son.

11. The damage appears likely to have been intentional.

12. The landlord claimed $690 to repair the holes in the two walls based on a quote provided.

13. I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

14. The landlord did not know how old the premises were however the wallpaper appeared aged. The quote is to repair and paint the two damaged walls. Only a quote has been provided. The Tribunal takes a cautious approach when quotes are provided as the actual cost has not been established. The landlord also advised that the current tenants do not want the repairs undertaken and the landlord said the repairs will likely be undertaken following the end of the current tenancy.

15. I do not find the landlord has established a loss however the sum awarded recognises that the tenant has breached their obligation and caused damage for which they are liable, but I am not persuaded the precise loss is quantified by the quote provided.

16. I have awarded $200 having regards to the comments made above.

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

18. The amounts ordered are proved.

[NAME]

19. On 4 October 2023 the [NAME] provided a guarantee to the landlord, which undertook that the [NAME] would be liable for any breach of the tenant's obligations. Specifically, the [NAME] agreed to be liable for anything the tenant is liable for in respect of the tenancy.

6 See Guo v Korck [2019] NZHC 1541.

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20. The Tribunal has ordered the tenant to pay $3,492.00 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.

21. I am therefore satisfied that the [NAME] is liable under the guarantee to pay the landlord the sum ordered. 7

Bond

22. The bond is to be paid to the landlord immediately to offset the rent arrears.

Filing fee

23. Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee.

Suppression

24. There was no application for suppression from either party.

[NAME]

29 April 2025

7 See section 77(2)(ka) Residential Tenancies Act 1986.

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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: