Published tribunal order
Tenancy Tribunal case 5108688 — Rent arrears at Room A, Unit/Flat 54, 4-18 Sussex St, Mt Cook, Wellington
Decided 11 Apr 2025 · Published 11 Apr 2025 · Application 5108688
Landlord favoured
- Rent arrears
- Property damage
Order
- Harlan Taylor-Heather must pay Oxygen.Co.Nz Limited As Agent For The Whittiker Family Trust $2,344.26 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
- A previous hearing had been adjourned to allow time to ensure the tenant was aware of the full extent of the claims. There was no response or acknowledgement from the tenant to that adjourning order or subsequent notices of hearing. That adjourning order released the bond to the landlord.
- 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?
- The tenancy ended on 7 January 2025. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $1,500.00.
Is the tenant responsible for the damage to the premises?
- 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.
- 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.
- 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.
- 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.
- 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.
- The following damage was caused during the tenancy: a. Front door. The front door and frame was badly damaged and required repair. It is a fire rated door and the repairs reflect that. An invoice for $845.71 supported the cost of repair while a number of photos evidenced the damage. b. Bedroom door. The bedroom door was broken beyond repair, removed and left on the floor of the bedroom. A new door was required. An invoice for $571.55 was provided while a series of photos evidenced the damage and need for replacement.
- I heard that to access the first door, two prior entrances required swipe card access. Once through the first door, the landing area served two rooms. The tenant’s door from here was badly damaged and removed. The landlord advised the occupant of the other room had vacated in late 2024, returning their access key/cards. The landlord stated no other occupants retained or had full access at the expected time of the damage.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved. Filing fee
- Because Oxygen.Co.Nz Limited As Agent For The Whittiker Family Trust has wholly succeeded with the claim I must reimburse the filing fee.