Tenant Ordered to Pay Rent Arrears and Filing Fee

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[2025] NZTT 5139732, 5232052

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [NAME] and [NAME] $927.00 immediately, calculated as shown in table below:

2. The Bond Centre is to pay the bond of $1,400.00 (BN-00002593) to [NAME] and [NAME] immediately.

Description Landlord Tenant Rent arrears (and rent in lieu of notice to 3 February 2025)

$2,300.00

Filing fee reimbursement $27.00 Total award $2,327.00 Bond $1,400.00 Total payable by Tenant to Landlord $927.00

3. All other claims by both parties are dismissed.

Reasons:

1. Both parties attended the hearing.

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

3. The tenant has applied for compensation and exemplary damages for alleged breaches of the landlord’s obligations. The tenant’s application is a request for a rent abatement for the short duration of the tenancy.

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4. 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.

Landlord Claims

5. The tenancy started on 22 December 2024. The tenant gave 4 weeks notice to terminate the tenancy on 6 January 2025. On that basis, the tenancy ended on 3 February 2025 (although the tenant moved out earlier).

6. The landlord has provided rent records which prove the amount of $2,300 owing to 3 February 2025. I have made an order accordingly.

7. The landlord also claimed $750 for replacement chattels at the premises. The chattels were not removed by the tenant, they were put in a shed at the premises. The landlord did not establish that it was more likely than not that the chattels had to be replaced after being in the shed or what the replacement cost was (if any). This aspect of the claim is dismissed.

8. At the hearing the landlord said that it wanted the bond for “inconvenience” and having to clean the premises. Bond is tenant money, unless and until the landlord proves a claim to it. The only claim which the landlord has proved is for rent. If the landlord wanted to be reimbursed for cleaning costs, it should have applied for that and provided evidence to support its claim. The bond is awarded to the landlord to reduce the amount of rent owed.

Tenant Claims

9. The tenant made allegations regarding Healthy Homes standards, cleanliness at the property and cockroaches.

10. The tenant did not pursue the Healthy Homes claims at the hearing. This tenancy lasted less than 2 months, so did not reach the due date for Healthy Homes Compliance in event.

11. The landlord acknowledged that the premises were not as clean as they could have been when the tenant moved in and arranged a cleaner immediately. The premises were cleaned, within 24 hours and the tenant said the cleaner had done an excellent job.

12. On 6 January 2025, the tenant gave notice to end the tenancy. He said that the cleaner had not cleaned the studio/sleepout in December and he had found insects/cockroaches in it. This was the first time the tenant had advised the

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landlord of any issues with the premises. The landlord was not given any opportunity to respond to or rectify the concerns. The tenant provided me with photographs of 2 or 3 insects/cockroaches. The photographs do not prove that there was an “infestation” and do not establish that the tenant would be entitled to a rent rebate (claimed at $150 per week) for the duration of the tenancy.

13. The tenant’s claims are dismissed.

14. As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. I do not consider that either party was substantially successful, so have not allowed suppression of either party’s details.

[NAME]

17 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: