Tenant ordered to pay rent arrears and damages to landlord

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[2025] NZTT 4988189, 4839420

TENANCY TRIBUNAL - Christchurch | Ōtautahi

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME]-[NAME] must pay [COMPANY] And [NAME] As The Trustee For [COMPANY] $10,382.20 immediately, calculated as shown in table below.

Description Landlord Rent arrears (to 28 January 2024) $3,791.14 Rubbish removal $600.52 Water rates $155.74 Repairs: 9 x insurance excess $4,950.00 Repairs: concrete $515.51 Repairs: painting porch $130.68 Electrical fittings replacement/repair: panel heater $149.11 Lock/key replacement $35.50 Filing fee reimbursement: 4839420 $27.00 Filing fee reimbursement: 4988189 $27.00 Total award $10,382.20 Total payable by Tenant to Landlord $10,382.20

2. The Landlord’s other claims are dismissed.

Reasons:

1. Both parties attended the hearing. [NAME] attended for the landlord and [NAME] attended for the tenants with a support person.

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

3. The Tribunal had made an order for rent arrears in May 2024, under application 4839420. The landlord applied for a rehearing on the basis that the identity of the male tenant was not correctly recorded in the tenancy agreement and [NAME]’s name was incorrectly spelt. The rehearing was granted in November 2024.

4. I heard all the landlord claims over two hearings in December 2024 and January 2025.

5. A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. They must prove that the other party has breached its obligations and the loss (or consequence) they have suffered because of that breach. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.

6. The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated:

“…[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.” (emphasis added)

7. In this instance the landlord provided limited evidence of the condition of the property both at the start and end of the tenancy.

Who Were the Tenants?

8. The tenants named on the tenancy agreement are [NAME] and a [NAME]. However, the landlord believes that the male tenant was, in fact, Mr [NAME]-Olsen. [NAME] has provided evidence regarding the tenant’s identity.

9. The evidence included mail sent to the tenancy premises, discussions with the [NAME] regarding alleged identity theft by Mr [NAME]-Olsen, the tenant email address.

10. [NAME] declined to provide the Tribunal with any evidence or explanation regarding the identity of the male tenant. These applications were served on the email address for service for the male tenant, and neither a [NAME] nor a Mr [NAME]-Olsen attended the hearing.

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11. On the evidence before me, I find it more likely than not that the male tenant was Mr [NAME]-Olsen.

How much is owed for rent and water rates?

12. The landlord provided rent records and water rates invoices which prove the amount owing as of 28 January 2025. The amounts awarded for rent arrears and water rates are proved.

13. For the avoidance of doubt, this Order supersedes and replaces the Order of the Tribunal dated 6 May 2024 under application 4839420.

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

14. 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.

15. The landlord claims that the tenant did remove all rubbish, did not return all keys or security remotes and removed some chattels and smoke alarms.

16. As noted above, the landlord has the onus of proof, and its evidence was sparse. It did provide some evidence of the condition of the property at the end of the tenancy, but not to the standard the Tribunal would usually expect. The landlord also provided receipts.

17. I find that the landlord established its claims for rubbish removal, remote control replacement and a removed panel heater. It did not establish other claims for replacement chattels and smoke alarms. Those claims are dismissed.

Is the tenant responsible for the damage to the premises?

18. 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.

19. 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.

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20. The landlord claimed that a range of damage occurred during the tenancy but provided limited evidence of both the in-going and out-going condition of the property. The tenant disputed the claims.

21. By way of example, the landlord claimed five insurance excesses for damaged carpet, but only provided evidence of the condition of the carpet in the “wardrobe bedroom” and the “fireplace bedroom” at the end of the tenancy. I award two of the five excesses claimed for carpet damage.

22. The landlord also established claims for a missing gate, extractor fan & soffit repair, garage door repair, porch door, kitchen and small bedroom window repairs and a lounge cupboard. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I award 7 excesses for those items. Claims for other insurance excesses are dismissed.

23. The landlord also established that some exterior concrete was damaged/removed during the tenancy and that an area of the porch had been poorly decorated and needed repainting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered for those items are proved.

24. The landlord did not establish other claims for damage. They are dismissed.

25. As the landlord was substantially successful with both applications, I award reimbursement of both Tribunal application fees.

[NAME]

13 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: