Tenant Ordered to Pay Rent Arrears and Repair Costs

OUTCOME: Allowed

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[2026] NZTT 5418913

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted] [NAME]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [RESPONDENT] must pay [COMPANY] As Agent For [NAME] $1,164.50 immediately, calculated as shown in table below.

Description Landlord Tenant Rent arrears to 01/12/2026 $428.57 Water rates to 01/12/2026 $81.45 Repairs: Wall $299.00 Carpet: replacement $200.00 Cleaning $92.00 Repairs: Coffee Machine $35.48 Filing fee reimbursement $28.00 Total award $1,164.50 Total payable by Tenant to Landlord $1,164.50

Attendance:

2. The applicant attended the hearing the respondent did not.

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Background:

3. The applicant says that the respondent vacated the premises before the expiry of the fixed-term tenancy without giving the required notice or reaching an agreement with the landlord. The applicant seeks:

(a) rent arrears to the end of the fixed term of $428.57;

(b) water rates arrears of $81.45;

(c) $299.00 for repairing holes in the walls;

(d) $400.00 for replacement of the garage carpet;

(e) $92.00 for water blasting the deck;

(f) $35.48 for replacement parts for a built-in coffee machine; and

(g) the application filing fee.

Is the respondent liable for the rent and water rates arrears?

4. The applicant has provided records showing the amounts owing at the end of the tenancy. I am satisfied that these records are accurate. Accordingly, the claims for rent arrears and water rates are established and are awarded.

Is the respondent liable for the holes in the walls?

5. The applicant has provided photographs showing holes in the wall in the garage and in an upstairs bedroom. The applicant says that these holes were made by the tenant when installing a television bracket and were not repaired at the conclusion of the tenancy.

6. While a tenant may be entitled to make minor modifications with the landlord’s consent, the tenant remains responsible for reinstating the premises at the end of the tenancy where required. I am satisfied that the repair costs were reasonably incurred and that the respondent is liable for them. The claim of $299.00 is therefore awarded.

Is the respondent liable for the replacement of the garage carpet?

7. The applicant seeks $400.00 for replacement of the garage carpet. The evidence shows that the carpet was damaged, most likely by items being dragged across it. The invoice provided indicates that four metres of carpet were replaced. However, no allowance has been made for depreciation or betterment, and the area of damage appears to be substantially less than four metres.

8. In addition, while the average lifespan of residential carpet is often assessed at around eight years, garage carpet generally has a shorter useful life. No submissions or evidence have been provided regarding depreciation. In those

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circumstances, I consider it appropriate to reduce the claim to reflect both depreciation and the limited extent of the damage. I therefore award 50 per cent of the amount claimed, being $200.00.

Is the respondent liable for the coffee machine repair costs?

9. The applicant says that the property contained a built-in coffee machine and that certain piping components had been removed, requiring replacement before the machine could operate properly. I am satisfied that this expense was reasonably incurred and that, on the balance of probabilities, the components were removed by the respondent. The claim of $35.48 is therefore awarded.

Filing fee

10. As the applicant has been substantially successful in the application, I award the application filing fee.

H [NAME] 03 June 2026

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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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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].

Attendance: Background: Is the respondent liable for the rent and water rates arrears? Is the respondent liable for the holes in the walls? Is the respondent liable for the replacement of the garage carpet? Is the respondent liable for the coffee machine repair costs? Filing fee