Tenants Ordered to Pay for Water Rates and Property Damages

OUTCOME: Allowed

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[2026] NZTT 5341845, 5316778

TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted]

Landlord

TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]

ORDER

1. The landlord’s claim for water rates ($510.12) is allowed by consent.

2. The landlord’s claims for the cost to reinstate garden areas ($301.86) and to repair the lounge walls/doors ($1,305.25) are proved.

3. The tenants’ defence to the landlord’s claims is unsuccessful.

4. The Tribunal’s order dated 17 April 2026 is reinstated. The tenants must pay the landlord $892.23, the balance owing after the payment of the bond to the landlord.

Reasons:

1. On 17 April 2026, the Tribunal made an order on the landlord’s application for water rates, the cost of reinstating garden areas, and repairs to walls and doors in the lounge.

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2. The tenants did not attend the hearing. They arrived after the hearing had ended.

3. The Tribunal granted the tenants a rehearing limited to the issues raised in the landlord’s application. It did not grant a rehearing of the tenants’ new claims against the landlord.

4. I set a timetable for submissions from the parties as I directed that the rehearing application would be decided on the papers.

5. Both parties have provided written submissions as directed.

The landlord’s claims.

6. The landlord has 3 claims:

• Water rates - $510.12

• The costs for garden reinstatement - $301.86

• Repairs to walls and doors in the lounge - $1,305.25.

The tenants submissions

7. The tenants accept the landlord’s claim for water rates which they state they have never disputed.

8. The tenants state that they were given approval to develop a vegetable garden and most of the damage to areas of the garden was caused by the [NAME] doing exterior painting.

9. The tenants accept they are liable for the damaged living room doors and walls and for reasonable spot painting, but not for skim coating or repainting and not for betterment.

The landlord’s submissions

10. The claim for water rates was agreed.

11. The cost to reinstate the gardens was much greater than the amount claimed which is limited to the damage the tenants caused and did not remedy. The rear gardens were destroyed through lack of care and general neglect. The area was used as a rubbish dump. None of the contractor’s labour was included in the claim for garden reinstatement.

12. The claim for the walls and doors was for the living room. The pinholes, screw holes, and dents in the living room walls were so extensive and well beyond fair wear and tear that a skim coat of plaster was needed to repair them.

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Discussion

13. Tenants are liable for damage they or others at the premises with their consent cause that is beyond fair wear and tear1.

14. The tenants accept the landlord’s claim for water rates. I allow that claim by consent.

15. I have considered all the evidence the parties provided including the photographic evidence.

16. I find that the landlord’s claims for the reinstatement of the garden areas and for the repair of the damage caused by the tenants in the lounge (some of which is accepted) are proved.

17. The Tribunal must consider depreciation and betterment. A landlord should not be better off because of repair work, only returned to the position before the damage was done.

18. I am satisfied that the landlord has only claimed for the repair of the damage caused by the tenants, not for any additional work that might have improved the premises.

Result

19. The landlord’s claims are proved. The tenants must pay the landlord $892.23 as set out in the Tribunal’s order dated 17 April 2026 which is now reinstated.

[NAME]

03 June 2026

1 See sections 40(2)(a) and 41 and 49B Residential Tenancies Act 1986

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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 [NAME] 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].

Reasons: