Tenants Ordered to Pay $10,069.82 for Rent Arrears and Property Damage

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[2025] NZTT 5169071

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

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenants

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] and [NAME] to pay [COMPANY] $10,069.82 immediately, calculated as follows:

Claim Description Landlord Rent Arrears $2,805.71 Locksmith $316.55 Cleaning Charges $300.00 Rubbish Removal During Tenancy $700.00 Rubbish Removal (Post-Tenancy) $380.00 Lawn Mow (Post-Tenancy) $220.00 Glass Window Repair (Approved in Part) $84.85 Garage Door Replacement $2,167.46 Garage Lock Handle $178.25 Garage Flashing Replacement $150.00 [NAME] $1,750.00 Laundry Vinyl Replacement $500.00 Heat Pump Remote $150.00 Meth Insurance Excess $2,500.00 Tribunal Filing Fees $78.44.00 Total $12,281.26 Minus Bond -$2,160.00 Tenant to Pay $10,121.26

2. [COMPANY] to pay the full bond of $2,160.00 to [COMPANY] immediately.

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Reasons:

1. Both parties 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 December 2024. The Landlord provided rent records which prove the amount owing at the end of the tenancy: $2,805.71

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

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

6. Locksmith ($316.55): The Tenant failed to return the keys at the end of the tenancy, necessitating the rekeying of the front, back and laundry door locks and provision of new keys. The Tenant’s accept this claim. Approved.

7. Cleaning Charges ($300.00): The property required general cleaning at the end of the tenancy. The Tenants accept this claim. Approved.

8. Rubbish Removal During Tenancy ($700.00): Rubbish required removal during the tenancy and included multiple dump fees, labour, and time/travel. The Tenants accept this claim. Approved.

9. Further Rubbish Removal and Lawn Mow at Vacated ($943.00): Two loads of rubbish were removed, and the lawns mowed after the tenancy ended. The Tenants accepted the claim but said that neighbours often dump rubbish at recently vacated properties. I approve the lawns claim, as I discern the Tenant’s left in a hurry and the lawns and grounds were not left reasonably clean and tidy ($220.00). I accept this explanation in part and note they identified items in the photographs that were not theirs, stored in an unsecured garage. However, given the overall condition in which the premises were left, I find the tenants primarily responsible, though the landlord must share some responsibility. A better system for securing the premises between tenancies is required considering the practical realities of living in this area, with dishonest people who take advantage of others. I approve $380.00 for rubbish removal post-tenancy.

Is the tenant responsible for the damage to the premises?

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. The following damage was caused during the tenancy:

a. Glass Window Repair ($457.98): Only $84.85 is awarded for a broken bedroom window, as the Landlord has not established with photographs or invoice detail that other glass damage, including to the garage, was caused during the tenancy. Approved in part.

b. Garage Door Repairs ($2,167.46): The roller door was extensively bent and dented and required full replacement. This was confirmed by a site inspection, and the nature of the damage could not be attributed to fair wear and tear. Approved in full – I accept that depreciation and betterment would be de minimis. I further approve:

i. Garage rear door lock handle fitted – the Tenant acknowledges the damage: $178.25

ii. Replace the flashing around the door – claim imprecise, but Tenant appeared to understand the issue and accepted responsibility: $150.00

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17. [NAME] ($1,750.00): The Tenant admitted to painting parts of the property, which caused damage requiring sanding, sealing, and repainting of walls and ceilings. Photographs support the damage. Approved.

18. Laundry Vinyl Replacement ($500.00): The vinyl floor required replacement, including lifting, sanding and relaying. The Tenant acknowledged responsibility for this also. Approved.

19. Heat Pump Remote ($150.00): The remote was missing at the end of the tenancy and required replacement. Approved.

20. Meth Insurance Excess ($2,500.00): The Landlord claims the insurance excess for meth contamination, as established at the previous hearing where the tenancy was terminated due to high post-tenancy meth levels. Approved, with leave reserved to claim any balance not covered by insurance.

21. [NAME] ($1,130.00): The Landlord could not establish that the Tenant was responsible for damage to the fence, posts, or letterbox. There is evidence of a vehicle crash but no link to the Tenant. Not awarded.

22. The amounts ordered are proved.

23. 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.

24. 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: