Tenant's Claims Dismissed for Not Showing Up

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[2025] NZTT 5258232, 5190991

TENANCY TRIBUNAL AT [COMPANY] | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], Sandringham, [COMPANY] 1041

ORDER

1. [NAME] must pay [NAME] As Trustee Of [COMPANY] $1,356.41 immediately, calculated as shown in table below.

Description Landlord Tenant Rent arrears to 02/03/2025 $908.46 Replace heat pump remote control $181.70 4 light bulbs missing from kitchen $130.00 Weatherproof door strip replacement $109.25 Filing fee reimbursement $27.00 Total award $1,356.41 Total payable by Tenant to Landlord $1,356.41

2. The tenant’s application against the landlord is dismissed.

Reasons:

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

2. Yesterday evening, the tenant requested a late adjournment because [NAME] had been admitted to hospital and the tenant stated that [NAME] required her to be at the hospital with her to assist her to communicate with the hospital staff. The tenant also stated that [NAME] is deaf and has sight issues, there was no one else in the family that could stay at the hospital with her, and [NAME] has no other way to communicate without her. The tenant also confirmed that [NAME] lives in a retirement village and therefore has to communicate with the medical,

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[NAME] at the retirement home on a day-to-day basis as the tenant works.

3. The landlord objected to the late adjournment application. It confirmed the tenant’s mother lives in [COMPANY] and could assist if required so as not to further delay the hearing. It also confirmed that it has spoken to the tenant’s prior landlord and been made aware that the tenant had made similar claims against that landlord and failed to show up at the hearing and the tenant’s application was dismissed for non-appearance.

4. The landlord also noted that last month, the tenant had tried to get this hearing converted to a telephone hearing. I ruled that the hearing was not suitable for a telephone hearing and directed that the scheduled in person hearing would proceed.

5. The registry asked the tenant last night and this morning to provide evidence that confirm [NAME] is at [COMPANY], that she will still be there all day today and that [NAME] cannot communicate without her presence. She was also informed that without some evidence of what the tenant is claiming, the scheduled hearing will go ahead in her absence.

6. The landlord has given the Tribunal compelling reasons why it needs the applications to be heard and decided today.

7. The Tribunal is required to hear and decide matters expeditiously and not to grant adjournments unless it is in the interest of justice to do so.

8. While the Tribunal is sympathetic to the tenant’s [NAME]’s needs, the tenant has not provided any evidence to support her late adjournment request and I am satisfied that it is in the interest of justice for the hearing to proceed today in the tenant’s absence.

9. I am also satisfied that the tenant had received proper notice of the hearing time, date and place, was fully aware that without the requested evidence to support her adjournment request that the matter would proceed without her, and she chose not to attend.

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

11. The tenant’s claims for compensation, general damages, exemplary damages and reimbursement of the filing fee are dismissed for non-appearance by the tenant party.

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LANDLORD CLAIMS

How much is owed for rent?

12. The tenancy ended on 2 March 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

13. 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

14. The tenant did not leave the premises reasonably clean and tidy.

15. The heat pump remote control was missing at the end of the tenancy:

16. The landlord had to replace four kitchen light bulbs.

17. The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

18. 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 RTA.

19. 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.

20. 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.

21. 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.

22. 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

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applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

23. 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.

24. The following damage was caused during the tenancy:

a. The weatherproof strip was removed from the door during the tenancy, and it caused a considerable draught to come into the property. The landlord proved this strip was on the door when the tenancy commenced.

25. I am satisfied that this damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

26. The amounts ordered are proved.

27. I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Reimbursement of filing fee

28. Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee.

[NAME]

10 June 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: