Tenant Ordered to Pay Rent Arrears and Property Damages

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[2025] NZTT 5178376

TENANCY TRIBUNAL AT ROTORUA | TE TARAIPIUNARA RETIHANGA KI TE ROTORUA-NUI-A-KAHUMATAMOMOE

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [COMPANY] to pay the bond of $2,260.00 to [COMPANY] immediately.

2. Tahi te Whetu Marama o Ngakura Manahi to pay [COMPANY] $1,780.11 immediately, calculated as follows:

Award Description Amount Rent arrears $80.81 Lock Changes $291.54 Cleaning Charges (total) $661.25 Grounds Tidy Up $147.50 Rubbish Removal $280.00 Carpet Cleaning $260.00 Reglaze Ranchslider $644.01 Repairs and Painting (Total awarded) $1,648.00 Application Filing Fee $27.00 Total $4,040.11 Minus Bond $2,260.00 Tenant to pay $1,780.11

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Reasons:

1. The Landlord attended the hearing.

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

How much is owed for rent?

3. The tenancy ended on 23 January 2025. The Landlord provided rent records which prove the amount owing at the end of the tenancy: $80.81

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

4. 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: s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

5. I address the Landlord’s claims, together with supporting pre-tenancy and post- tenancy photographs, in turn:

a. Lock Changes ($291.54): The tenant failed to return the keys at the end of the tenancy, necessitating the replacement of locks to secure the property. Approved.

b. Cleaning Charges ($575.00 + $86.25): The property was left in a very unclean state, with extensive cleaning needed to address multiple walls with pen drawings and general filth. Extra cleaning tasks included washing the hallway floor near the back door, re-hanging the shower curtain and cleaning areas in the bathroom like the wall around the heated towel rail switch, the corner ledge of the bath, and the toilet bowl rim, as well as washing the left curtain in the first bedroom on the right. Approved.

c. Grounds Tidy Up ($147.50): The gardens and lawns were neglected, not weeded, or mowed, indicating a failure to maintain the property's exterior in a tidy condition. Approved.

d. Rubbish Removal ($280.00): There was a considerable amount of rubbish and personal items left behind, which had to be removed from the property post-tenancy. Approved.

e. Carpet Cleaning ($260.00): The carpets were left excessively dirty, requiring professional cleaning to restore them to a reasonably clean condition. Photographs show food, dirt and other organic material on the carpets surface. Approved.

Is the tenant responsible for the damage to the premises?

6. 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

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damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

7. Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

8. 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.

9. 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). See section 49B(3)(b) RTA. Where insurance 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.

10. 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. See section 49B(1) RTA.

11. 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 person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

12. The following damage was caused during the tenancy:

a. Reglaze Ranchslider ($644.01): Significant damage to the ranchslider required reglazing, likely due to tenant misuse or negligence. Tenant said there was a jam, but there are signs of considerable blunt impact, causing the glass to shatter outwards, not crack or splinter.

b. Repairs and painting ($1,748.00):

i. In the lounge, all walls, which had nails or screws, were repaired and repainted, costing $600.

ii. The front ranch slider net curtain was replaced and hung for $80, and a hole in the door leading to the hallway was repaired and repainted for $90.

iii. In the kitchen, a hole in the back of a cupboard was fixed for $100, and areas around a window frame were repaired and repainted for $50 after removing screws and nails.

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iv. Additionally, childproof locks were removed from all cupboard doors and drawers with a cleanup of the sticky residue costing $100.

v. Laundry repairs included painting over a removed screw for $40.

vi. The first bedroom on the right required wall repainting and removal of screws and nails for $250, and pen marks on the door also necessitated repainting, adding $90 to the costs.

vii. The end bedroom saw the removal of pen marks from the door for $20, and the garage needed a repair for a hole above the netball hoop, costing $100.

viii. All work was confirmed with Landlord's pre-tenancy and post-tenancy photographs, although a pre-existing damage in bedroom requires a $100 reduction in the compensation total.

ix. The landlord's photographs confirm the damage, which exceeds normal wear and tear due to a pattern of neglect and repetition, indicating intentional damage. Total awarded: $1,648.00

13. The amounts ordered are proved.

14. I have taken 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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

15. Because the Landlord has wholly succeeded with its application I reimburse to it the application filing fee of $27.00.

[NAME]

27 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: