Tenant Ordered to Pay Rent Arrears and Filing Fee

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[2025] NZTT 5120923

TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. This order is reissued on 16 April 2025 to clarify that the landlord’s application seeking compensation for damage is withdrawn without prejudice to any future claim. This order replaces the order issued on 8 April 2025.

2. [NAME] must pay [NAME] $777.00 immediately calculated as shown in the table below:

Description Landlord Tenant Rent arrears to 22/01/25 less bond held by landlord $750.00 Filing fee reimbursement $27.00 Total award $777.00

Reasons:

1. The landlord attended the hearing. The tenant did not attend.

2. Following the fixed-term tenancy coming to an agreed early end, the landlord has applied for rent arrears, compensation for damage, and reimbursement of the filing fee.

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How much is owed for rent?

3. The tenancy was a fixed-term tenancy commencing 17 March 2024 and ending 16 March 2025.

4. The landlord says that in December 2024, the tenant approached the landlord and requested the fixed-term tenancy come to an early end at the end of the January 2025.

5. The landlord says they agreed the fixed-term tenancy could come to an end on 31 January 2025.

6. The tenant last paid rent on 10 December 2024.

7. The tenant moved out on 17 January 2025.

8. The landlord seeks rent arrears from 17 December 2024 to 22 January 2025, being a total of $5,500.00.

9. The landlord says he is holding a bond of $4,750.00 which the tenant paid him at the start of the tenancy. The bond was not lodged with the [COMPANY].

10. The landlord has applied that bond to the rent arrears owing, and seeks an order for the outstanding amount, being $750.00.

11. The landlord provided rent records which prove the amount owing at the end of the tenancy. I make an order accordingly.

Is the tenant responsible for the damage to the premises?

12. 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 of the Residential Tenancies Act 1986 (RTA).

13. Where the damage is caused carelessly, and is covered by the landlord's [NAME], the tenant's liability is limited to the lesser of the [NAME] 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.

14. Where the damage is careless and is not covered by the landlord's [NAME], the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where [NAME] 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.

15. The landlord seeks compensation for damage to windows, a sliding door, carpet, walls and a burned benchtop in the kitchen. The landlord has not filed

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an entry report showing the condition of those items at the start of the tenancy, or an exit report showing their condition at the end of the tenancy. The landlord has not filed evidence in support of the amounts claimed as costs incurred. The landlord has not filed evidence as to whether an [NAME] claim has been made, and if so, whether it has been accepted.

16. The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

17. The applicant has not filed sufficient evidence in support of the claim for damages. The applicant has indicated he has the evidence necessary to support the claims and may file a future application.

18. I have not considered the merits of the landlord’s claim(s) for compensation for damage.

19. The landlord’s claim for compensation for damage is withdrawn without prejudice to any future application that may be made.

Should the tenant reimburse the landlord’s application fee?

20. As the landlord has substantially succeeded with their application (the claim for rent arrears being the largest of the two claims before applying the bond) the tenant must reimburse the filing fee.

[NAME]

16 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: