Tenant Ordered to Pay Rent Arrears and Filing Fees

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[2025] NZTT 5123048

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted] [COMPANY]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The Bond Centre is to pay the bond of $660.00 (5142504-002) to [COMPANY] As Agent For [NAME], [COMPANY] immediately.

2. [NAME] must pay [COMPANY] As Agent For [NAME], [COMPANY] $1,981.29 immediately, calculated as shown in table below.

Description Landlord Tenant Rent arrears to 30 Dec 2024 $2,614.29 Filing fee reimbursement $27.00 Total award $2,641.29 Bond $660.00 Total payable by Tenant to Landlord $1,981.29

Reasons:

1. The landlord attended the hearing. A call to the tenant’s last known mobile number was unanswered and went to voicemail.

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2. The landlord has applied for rent arrears and for compensation for the cost of disposing of items the tenant left at the property.

Burden and standard of proof

3. The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).

4. With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards.

5. That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fraction more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.

6. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

7. As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that:

[L]ike anyone who brings an application before a Tribunal or 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.

How much is owed for rent?

8. The tenancy ended on 30 December 2024. The landlord provided rent records which prove $2,614.29 was owing in rent at the end of the tenancy.

9. The amount ordered is proved.

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

10. 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.

11. The landlord says the tenant did not remove all of their belongings and left a large amount of rubbish. The landlord seeks $1,000 compensation towards the cost of removing the rubbish and other items. The landlord says the actual cost was in excess of $2,000. The landlord says some of the tenant’s belongings

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have been held in storage and are available for the tenant to collect, if she wishes.

12. The landlord is reminded that section 62 and 62A of the RTA provides guidance as to how and when a landlord may dispose of items left by tenant. Pursuant to those provisions, a landlord may dispose of items without an order from the Tribunal.

13. The landlord did not file any evidence in support of the claim for $1,000 compensation for rubbish removal. No photos were filed, nor any invoice as proof of actual costs incurred.

14. The landlord has not established their claim for compensation and accordingly, the claim is dismissed.

Should the tenant reimburse the landlord’s application fee?

15. The landlord has substantially succeeded with their claim therefore the tenant must reimburse the filing fee.

[NAME]

26 March 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: