Tribunal Awards Partial Damages for Carpet and Garden Issues

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[2025] NZTT 5223911, 5171811

TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] to pay [COMPANY] $1,413.29 from the bond, calculated as shown in table below.

2. The Bond Centre is to pay from the bond of $2,400.00 (6421439-001) immediately apportioned as follows:

[COMPANY]: $1,413.29

[NAME]: $386.71

Description Landlord Tenant Rent arrears to 2 February 2025 $214.29 Tidy gardens $80.00 Repair bench top (insurance excess) $700.00 Carpet damage $419.00 Total award $1,413.29 Bond $1,413.29 $386.71

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Reasons:

1. Both parties attended the hearing. [NAME] represented the landlord.

2. The tenant, [NAME], applied for payment of the bond and the landlord cross applied for rent arrears, compensation, and payment of the bond.

3. [NAME] is entitled to payment of all or part of the bond will depend on whether the landlord has established its claims against [NAME].

How much is owed for rent?

4. The landlord claims rent of $214.29 being two days rent to 2 February 2025 and provided a rent summary in support. [NAME] did not dispute the amount claimed.

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

5. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, and return all keys and security devices section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

6. The landlord claims the cost to clean the premises ($280.00), to mow the lawns and tidy the gardens ($380.00), and to replace two front door keys.

7. [NAME] denies not leaving the premises reasonably clean and, other than [NAME]’s evidence that a “light clean” was required, there was no evidence (such as photographic evidence) to support that the premises were not left reasonably clean. Moreover, contractors entered the premises the day after the tenancy ended (and before the cleaning was done) to begin renovation work of the premises to prepare it for sale. It is therefore very likely that additional cleaning was required after that work had been completed. The claim for cleaning is therefore dismissed.

8. [NAME] said that the lawns were mowed at the end of the tenancy and were left reasonably tidy and again there was no photographic evidence provided by the landlord to support the landlord’s claim that they were not. However, [NAME] accepts that there were some weeds in the gardens at the end of the tenancy. In the circumstances I consider the sum of $80.00 reasonable to compensate the landlord for weeding the gardens.

9. [NAME] accepts that he only returned two of the three keys provided for the front door of the premises. However, the claim to replace the two keys is dismissed because [NAME] did not provide any evidence of the loss suffered as a result (such as a receipt or invoice to replace the keys).

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Is the tenant responsible for the damage to the premises?

10. To be successful in a claim for damage to the premises, a landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.

11. 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: section 49B(3)(a) of the Act.

12. The landlord claims the cost to remedy the following damage which occurred during the tenancy:

• Carpets in a bedroom and the living room

• Kitchen benchtop

• Hall wall

• Dishwasher door

• Heat pump remote

• Hall lightshade in the hall

• Lightbulbs

13. The carpets were damaged by several stains in a bedroom, and a stain in the living room likely caused by over watering a pot plant.

14. I am satisfied that the stains are beyond fair wear and tear and were likely caused carelessly by [NAME] or others at the premises with his permission. I am also satisfied, on the evidence before me, that the stains could not be removed by cleaning and the carpets required replacement.

15. The cost to replace the carpets was $958.00 for one room and $1,137.00 for the other (total $2,095.00) and the landlord claims the sum of $1,400.00 being two excesses that it was required to pay under its insurance policy.

16. The carpets were likely close to the end of their useful life and therefore betterment and depreciation needs to be taken into account. [NAME] said that the owner of the premises was uncertain of their age but they were not new when they purchased the premises 10 years ago. Carpets are expected to last approximately 10 to 15 years before requiring replacement. Thus, taking into account that the likely age of the carpets and their condition (the photographs, particularly the photographs of the bedroom carpet show areas where the carpet pile is missing) and [NAME] acceptance that the carpets were worn),

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I consider compensation assessed at 20% of the cost to replace the carpets to be reasonable to compensate the landlord for the carpet damage.

17. [NAME] accepts that the damage to the bench top was caused by him or others there with his permission placing a hot pot on the bench. I consider this careless damage. I consider that a reasonable prudent tenant would ensure that the bench top was protected before placing a hot pot on it.

18. The damage was apparently repaired by the landlord’s insurer and the landlord claims the excess it was required to pay to repair under its insurance policy.

19. I therefore find [NAME] liable for the amount claimed.

20. I dismiss the claim to repair a small ‘hole’ in the hall wall. No photograph was provided of the damage bur [NAME] said that the hole was in fact a dent approximately 2cm in diameter and was caused by something bumping into the wall. [NAME] did not dispute his evidence. I am therefore not satisfied that the damage is beyond fair wear and tear that is damage caused by the ordinary use of the premises over a three and a half year tenancy. Moreover, even if the damage was considered to be beyond fair wear and tear, the landlord has not provided any evidence to support the cost to repair it which was likely done when the entire interior of the house was repainted as part of the renovation work.

21. The damage to the dishwasher door (dents) is dismissed because the landlord has not established that it has suffered any loss as a result of the damage. [NAME] did not provide any evidence to support the cost to repair the door and she was uncertain whether the door had been repaired before the property was sold.

22. The claim to repair the heat pump remote is dismissed for similar reasons. No evidence was provided to support that the cost to repair the remote or whether the remote had been repaired before the property was sold.

23. [NAME] did not dispute that he removed the lightshade in the hall to install his own and did not reinstall the landlord’s lightshade at the end of the tenancy. [NAME] said that the owner had an electrician reinstall the lightshade when he was at the premises replacing lightbulbs, but she did not have evidence of the costs incurred to do so because it weas a “cash job” and no invoice or the like was issued. This claim is therefore dismissed because there is insufficient evidence to support the amount claimed to reinstall the light shade.

24. The claim to replace light bulbs is dismissed because light bulbs which have simply blown due to ordinary use is considered ‘damage’ due to fair wear and tear and not the responsibility of the tenant to replace. [NAME] said that she believes some bulbs were missing but she does could not say how many were missing and how many were simply blown.

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25. Both parties have been partially successful in their respective claims. I therefore make no order for payment of the Tribunal application fee paid by each. In other words, each party is to bear the loss of the fee paid by them.

[NAME]

21 May 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: